SOLICITATION NOTICE
84 -- Supply Blanket Purchase Agreement - Attachment 1 & 2
- Notice Date
- 4/20/2018
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 333999
— All Other Miscellaneous General Purpose Machinery Manufacturing
- Contracting Office
- Other Defense Agencies, U.S. Special Operations Command, NAVSOC, 2000 Trident Way; Bldg 603M, San Diego, California, 92155, United States
- ZIP Code
- 92155
- Solicitation Number
- H92244-18-Q-0001
- Archive Date
- 6/14/2018
- Point of Contact
- Tina Ford, Phone: 757-862-9468, Amy M. Bozzard, Phone: 757-862-9473
- E-Mail Address
-
tina.ford@vb.socom.mil, amy.bozzard@vb.socom.mil
(tina.ford@vb.socom.mil, amy.bozzard@vb.socom.mil)
- Small Business Set-Aside
- N/A
- Description
- Attachment 2 BPA Terms and Conditions Attachment 1 Pricing Spreadsheet This is a combined synopsis/solicitation for commercial items prepared in accordance with the information in FAR Subparts 12.6 and 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This procurement is unrestricted. NAICS code 339999: All Other Miscellaneous Manufacturing Small Business size standard 500 employees Solicitation, H92244-18-Q-0001, is issued as a Request for Quote (RFQ). The agency contemplates establishing up to five, firm fixed price (FFP) Blanket Purchase Agreements (BPAs) to provide available supply items; based upon responses received from this solicitation. The potential BPA term is not-to-exceed (NTE) five years from the effective date of award. The Government intends to award multiple BPA Master Agreements with a maximum potential value not-to-exceed $7,000,000.00 total for each established agreement. The incorporated provisions and clauses in this solicitation are those in effect through Federal Acquisition Circular (FAC) 2005-97 effective 24 January 2018, and DFARS 20180131. Participating vendors must be registered at www.sam.gov. Quotes must be valid for 90 days. Email is the only acceptable method of submission. All quotes must be emailed with the RFQ Number in the subject line. Contractors are responsible for verifying receipt of their quotes to this office before quote due date and time. The establishment of a BPA does not imply an agreement by the Government to place future contracts or orders with the BPA holder. The Government makes no representation as to the number of calls or actual amount to be ordered. Quotes received without a completed copy of the provision at FAR 52.212-3 or completed SAM representation may be considered non-compliant. Vendors without DFARS representations and certifications in SAM must submit any applicable to this RFQ with their quote. Vendors must be registered in the System for Award Management (SAM) to be eligible for award. Delivery location is Virginia Beach, VA unless otherwise negotiated at the call level. The following FAR provisions and clauses are incorporated into this solicitation. If the offeror has completed any of the following provisions listed in this paragraph electronically as part of its annual representations and certifications, they are to indicate that in the quote, there is no need to complete these provisions again for this solicitation. CLAUSES INCORPORATED BY REFERENCE 52.203-3 Gratuities 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.209-10 Prohibition on Contracting with Inverted Domestic Corporation 52.211-6 Brand Name or Equal 52.211-14 Notice of Priority Rating for National Defense Emergency Preparedness & Energy Program Use 52.212-1 Instructions to Offerors - Commercial Items 52.212-3 Offeror Representations and Certifications - Commercial Items Alternate I (Oct 14) 52.212-4 Contract Terms and Conditions-Commercial Items 52.223-3 Hazardous Material Identification and Material Safety Data 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications 52.232-33 Payment by Electronic Funds Transfer-System for Award Management 52.232-36 Payment by Third Party 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.247-34 F.O.B. Destination CLAUSES INCORPORATED BY FULL TEXT: ADDENDUM 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (m) Quote Preparation and Submission Instructions. (1) Quotes are due 30 May 2018 at 2:00 PM Eastern, within the Government's email inbox provided below. Email is the only acceptable method of quote submission (2) Offerors may submit questions during the quote preparation period. All questions must be received not later than 09 May 2018 at 10:00 AM Eastern (3) All questions and quotes shall be directed to the both Contract Specialists by email, citing the RFQ number in the subject line at the following address: tina.ford@vb.socom.mil & amy.bozzard@vb.socom.mil (4) Offers must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rational in their quote. (n) Quote format and Content. Electronic quotes shall contain separate files for the sections listed below. Submissions with.zip files are not acceptable and will not be delivered by the government email server. Offeror is responsible for ensuring the electronic submission guidelines are followed, the government server may NOT issue a rejection notification. Email Size Cannot exceed 10 MB Page format 8 ½" x 11" Type Shall be no less than 10 pitch Color presentations Not desired or required (1) ADMINISTRATIVE AND SUBCONTRACTING INFORMATION: Complete business address of the Offeror, the corporate name to be used on any resultant contract and the remittance address if different from above. If this name does not identify a "parent company" or sponsoring "corporation" name, also provide such identity, as appropriate. I. The Offeror's Commercial and Government Entity (CAGE) Code and Dun & Bradstreet (DUNs) Number II. Name, telephone numbers and email address of person(s) to be contacted for clarification or questions to the quote III. The Quoter must be registered in the System for Award Management (SAM) to be eligible for award. IV. Subcontracting Plan: If applicable the Quoter must submit a subcontracting plan. The Subcontracting Plan will be evaluated in accordance with FAR 19.705-4. (2) TECHNICAL Quotes are to contain a completed copy of Attachment 1 in MS Excel format. Offeror shall indicate in Attachment 1 if they are a manufacturer/authorized distributer or not. If not the manufacturer/authorized distributer the offeror must submit a narrative demonstrating that it can supply at least 80% of items listed in the ELIN schedule, Attachment 1. The items are commercially available, and salient characteristics/descriptions can be found via the internet. For any substitute items a detailed technical description must be submitted thoroughly describing the form, fit and function of quoted items in sufficient detail to determine their suitability. The quote will be considered incomplete if offerors simply stating a manufacture and part number for substitutes, and shall not be considered as meeting the quote submission requirements. This description shall be detailed enough to determine equality with the name brand product. Additional technical information (if submitted) is limited to 20 pages. (3) DELIVERY: Specific delivery timeframes must be provided at the ELIN level within Attachment 1. See 52.212-2 for evaluation of delivery lead times. (4) PRICE: The offeror shall populate the first sheet within Attachment 1, to reflect all costs (including delivery) to deliver calls placed under this contract. Attachment 1 MUST be submitted in Excel format. The Government may require additional "other than cost and pricing data" prior to award. (o) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall -- (1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and (2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. (p) To be considered timely. E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for final quote submission. An E-mail quote that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for quote submission will be considered late in accordance with FAR 52.212-1. Therefore, it is incumbent upon the Offeror to ensure that its entire quote is received by the Agency by the designated due date. (End of provision) 52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014) (a) The Government will award agreements resulting from this solicitation to the responsible Contractor/s whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: Factor 1 - Technical will be evaluated by determining if the offeror is a manufacturer/authorized distributor, if at least 80% of items in attachment 1 are quoted and if salient characteristics/detailed descriptions are provided for substitute items. Factor 2 - Delivery dates for quoted items should be 30 days or less Factor 3 - Price The contractor shall provide attachment 1- Pricing spreadsheet for evaluation. Technical and Delivery, when combined, are more important than price. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Nov 2017) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _ X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). _ X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. _X__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d) (2) and (3)). _ X__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d) (4)). ___ (ii) Alternate I (Nov 2016) of 52.219-9. ___ (iii) Alternate II (Nov 2016) of 52.219-9. ___ (iv) Alternate III (Nov 2016) of 52.219-9. ___ (v) Alternate IV (Nov 2016) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a) (14)). _ X__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d) (4) (F) (i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _ X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a) (2)). ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _ X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _ X__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). _ X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _ X__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). _ X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). _ X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _ X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). _ X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _ X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c) (3) (A) (ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i) (2) (C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _ X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). ___ (ii) Alternate I (Jan 2017) of 52.224-3. ___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _ X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _ X__ (55) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (56) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). _ X__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). _ X__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d) (12)). ___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). ___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p) (1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d) (2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 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. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) (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). (xiii) 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.) (xiv) 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) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xx) 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. (xxi) 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) 52.233-2 Service of Protest (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: N01K Chief of Contracting 472 Polaris Ave, BLDG 586 Virginia Beach, VA 23461 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) FAR 52.252-2 Clauses Incorporated By Reference Feb 1998 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): www.farsite.hill.af.mil http://www.arnet.gov/far/ http://www.acqnet.gov.far (End of Clause) FAR 52.252-6 Authorized Deviations in Clauses Apr 1984 (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) The following DFARS provisions and clauses apply to this acquisition and are incorporated by reference. If the offeror has completed any of the following provisions listed in this paragraph electronically as part of its annual representations and certifications, they are to indicate that in the quote, there is no need to complete these provisions again for this solicitation. CLAUSES INCORPORATED BY REFERENCE 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 252.204-7003 Control of Government Personnel Work Product 252.204-7012 Safeguarding Covered Defense Information & Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.205-7000 Provision of Information to Cooperative Agreement Holders 252.209-7004 Subcontracting With Firms That Are Owned Or Controlled by the Government Of a Country that is State Sponsor of Terrorism 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System- Statistical Reporting in Past Performance Evaluations 252.215-7008 Only One Offer 252.222-7007 Representation Regarding Combating Trafficking in Persons 252.223-7008 Prohibition of Hexavalent Chromium 252.225-7000 Buy American--Balance of Payments Program Certificate 252.225-7001 Buy American and Balance of Payments Program (Applies for calls over $3,000 but under $25,000 ONLY.) 252.225-7002 Qualifying Country Sources as Subcontractors 252.225-7012 Preference For Certain Domestic Commodities (Applies for calls over $250,000 ONLY.) 252.225-7021 Trade Agreements (Applies for calls over $191,000 ONLY) 252.225-7036 Buy American-Free Trade Agreements- Balance of Payments Program (Applies forcalls over $25,000 but under $191,000 ONLY) 252.225-7048 Export - Controlled Items 252.225-7050 Disclosure of Ownership or Control By The Government of a Country That is a State Sponsor of Terrorism 252.232-7006 Wide Area Workflow Payment Instructions (If applicable it will be included at the call level) 252.232-7010 Levies on Contract Payments (Applies for calls over $5,000 ONLY.) 252.243-7002 Requests for Equitable Adjustments (Applies for calls over $250,000 ONLY.) 252.244-7000 Subcontracts for Commercial Items and Commercial Components 252.246-7008 Sources of Electronic Parts 252.247-7023 Transportation of Supplies by Sea BASIC CLAUSES INCORPORATED BY FULL TEXT 252.204-7000 Disclosure of Information. (OCT 2016) (a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless- (1) The Contracting Officer has given prior written approval; (2) The information is otherwise in the public domain before the date of release; or (3) The information results from or arises during the performance of a project that involves no covered defense information (as defined in the clause at DFARS 252.204-7012) and has been scoped and negotiated by the contracting activity with the contractor and research performer and determined in writing by the contracting officer to be fundamental research (which by definition cannot involve any covered defense information), in accordance with National Security Decision Directive 189, National Policy on the Transfer of Scientific, Technical and Engineering Information, in effect on the date of contract award and the Under Secretary of Defense (Acquisition, Technology, and Logistics) memoranda on Fundamental Research, dated May 24, 2010, and on Contracted Fundamental Research, dated June 26, 2008 (available at DFARS PGI 204.4). (b) Requests for approval under paragraph (a) (1) shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 10 business days before the proposed date for release. (c) The Contractor agrees to include a similar requirement, including this paragraph (c), in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer. (End of clause) SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)-BASIC (DEVIATION 2018-O0007) (DEC 2017) This clause supplements the Federal Acquisition Regulation 52.219-9, Small Business Subcontracting Plan, clause of this contract. (a) Definitions. "Summary Subcontract Report (SSR) Coordinator," as used in this clause, means the individual who is registered in the Electronic Subcontracting Reporting System (eSRS) at the Department of Defense (9700) and is responsible for acknowledging receipt or rejecting SSRs in eSRS for the Department of Defense. (b) Subcontracts awarded to workshops approved by the Committee for Purchase from People Who are Blind or Severely Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor's small business subcontracting goal. (c) A mentor firm, under the Pilot Mentor-Protege Program established under section 831 of Public Law 101-510, as amended, may count toward its small disadvantaged business goal, subcontracts awarded to- (1) Protege firms which are qualified organizations employing the severely disabled; and (2) Former protege firms that meet the criteria in section 831(g) (4) of Public Law 101-510. (d) The master plan is approved by the Contractor's cognizant contract administration activity. (e) In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small business firms, for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor-specified formats shall be acceptable. (f)(1) For DoD, the Contractor shall submit reports in eSRS as follows: (i) The Individual Subcontract Report (ISR) shall be submitted to the contracting officer at the procuring contracting office, even when contract administration has been delegated to the Defense Contract Management Agency. (ii) Submit the consolidated SSR for an individual subcontracting plan by selecting "Department of Defense (DoD) (9700)" from the top of the second dropdown menu in the Government agency in Block 7 ("Agency to which the report is being submitted"). The contractor shall not select anything lower. (2) For DoD, the authority to acknowledge receipt or reject reports in eSRS is as follows: (i) The authority to acknowledge receipt or reject the ISR resides with the contracting officer who receives it, as described in paragraph (f)(1)(i) of this clause. (ii) The authority to acknowledge receipt of or reject SSRs resides with the SSR Coordinator. (End of clause) The following SOFARS provision and clauses apply to this acquisition 5652.232-9003 Paying Office Instructions (2011) (a) Payment to the contractor shall be sent to the following address: Identified in Block 17a of Standard Form 1449. (b) Special Payment Instructions: Payment will be made by the office designated in Block 18a on the Standard Form 1449 or otherwise designated paying office. (End of clause) SOFARS 5652.233-9000 Independent Review for Agency Protests All protests shall be submitted through the Contracting Officer. A request for an independent review of the protest decision shall be made through the Contracting Officer to the HCD/FCO. If the HCD/FCO is the Contracting Officer, submit the request in accordance with FAR 33.103(d) (4) to: Chief, SOF-KB, 7701 Tampa Point Blvd., MacDill AFB, FL 33621, Fax (813) 826-7504. (End of Clause) List of Attachments: Attachment 1- Pricing Spreadsheet Attachment 2 - BPA Terms and Conditions
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