SOLICITATION NOTICE
99 -- Cardiac Telemetry Equipment, Installation, and Training - Building Drawing - Combined Synopsis Solicitation - Performance Work Statement (PWS)
- Notice Date
- 7/3/2014
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 423450
— Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers
- Contracting Office
- Department of the Air Force, US Air Forces Central Command/A7K, 379 ECONS, Al Udeid AB, Qatar, 379 ECONS, APO, 09309
- ZIP Code
- 09309
- Solicitation Number
- FA5702-14-Q-B007
- Archive Date
- 7/28/2014
- Point of Contact
- Robert Lieder, , Eric Lizon,
- E-Mail Address
-
robert.lieder@auab.afcent.af.mil, eric.lizon.1@auab.afcent.af.mil
(robert.lieder@auab.afcent.af.mil, eric.lizon.1@auab.afcent.af.mil)
- Small Business Set-Aside
- N/A
- Description
- Performance Work Statement (PWS) Combined Synopsis Solicitation Building Drawing 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 within this notice. This announcement constitutes the only solicitation; information is being requested and a written solicitation will not be issued. The reference number for this procurement is FA5702-14-Q-B007 is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2005-74, Defense Acquisition Circular DPN 20140624, and Air Force Acquisition Circular AFAC 2014-0421. This solicitation is not set aside. The North American Industry Classification System Code is 423450. This is the Government's intent to award a firm-fixed price contract and will be procured using simplified acquisition procedures IAW FAR Part 13. The following item is required: Quotes are required to be received no later than 1700 Local Time (Doha, Qatar), 13 July 2014 Email quotes to SSgt Robert L Lieder III at robert.lieder@auab.afcent.af.mil and you may courtesy copy Capt Eric Lizon at eric.lizon.1@auab.afcent.af.mil. Delivery/Schedule Terms: IAW Performance Work Statement Item Description Qty Unit Total Price 0001 Cardiac Telemetry Equipment, Installation, and Training IAW PWS 1 Lot Total Price for All CLINS Attachments: Vendor Information Clauses & Provisions Performance Work Statement (PWS) Building Plans Vendor Information Please complete all applicable information found below: Quote #: DUNS #: CAGE Code: Taxpayer ID #: FOB: Destination Shipping Weight: Shipping Dimensions: Discount Terms: Remittance Address (if different than shipping address): Clauses & Provisions CLAUSES/PROVISIONS INCORPORATED BY REFERENCE FAR 52.204-9 -- Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.212-3 - Offeror Representations and Certifications -- Commercial Items (MayAY 2014) - All applicable sections must be filled in and returned to the Contracting Officer - http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1479_204462 FAR 52.225-14 -- Inconsistency Between English Version and Translation of Contract (Feb 2000) FAR 52.225-25 -- Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-Representation and Certification (Dec 2012) FAR 52.228-3 -- Workers Compensation Insurance (Defense Base Act) (Apr 1984) FAR 52.229-6 -- Foreign Fixed-Price Contracts (Feb 2013) FAR 52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.233-3 -- Protest After Award (Aug 1996) FAR 52.233-4 -- Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.237-2 -- Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) FAR 52.242-13 -- Bankruptcy (Jul 1995) DFARS 252.203-7000 - Requirements Relating to Compensation of Former DoD Officials (Sep 2011) DFARS 252.203-7002 -- Requirement to Inform Employees of Whistleblower Rights (Sep 2013) DFARS 252.203-7005 -- Representation Relating to Compensation of Former DoD Officials (Mar 2014) DFARS 252.204-7003 -- Control of Government Personnel Work Product (Apr 1992) DFARS 252.209-7001 -- Disclosure of Ownership or Control by the Government of a Terrorist Country (Jan 2009) DFARS 252.209-7004 -- Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country (Dec 2006) DFARS 252.222-7002 -- Compliance with Local Labor Laws (Overseas) (Jun 1997) DFARS 252.225-7041 -- Correspondence in English (Jun 1997) DFARS 252.225-7042 -- Authorization to Perform (Apr 2003) DFARS 252.225-7043 - Antiterrorism/Force Protection for Defense Contractors Outside the United States (Mar 2006) DFARS 252.229-7000 -- Invoices Exclusive of Taxes or Duties (Jun 1997) DFARS 252.229-7001 -- Tax Relief (Jun 1997) DFARS 252.232-7008 - Assignment of Claims (Overseas) (Jun 1997) DFARS 252.232-7010 -- Levies on Contract Payments (Dec 2006) DFARS 252.233-7001 -- Choice of Law (Overseas) (Jun 1997) DFARS 252.243-7001 -- Pricing of Contract Modifications (Dec 1991) DFARS 252.243-7002 -- Requests for Equitable Adjustment (Dec 2012) AFFARS 5352.223-9000 -- Elimination of Use of Class 1 Ozone Depleting Substances (ODS) (Nov 2012) AFFARS 5352.223-9001 -- Health and Safety on Government Installations (Nov 2012) AFFARS 5352.242-9000 - Contractor Access to Air Force Installations (Nov 2012) CLAUSES/PROVISIONS INCORPORATED BY FULL TEXT ADDENDA TO FAR 52.212-1; QUOTE PREPARATION INSTRUCTIONS INSTRUCTIONS TO OFFERORS: A. PROGRAM STRUCTURE AND OBJECTIVE 1. The Government intends to award one (1) contract for cardiac telemetry equipment, installation, and training. The Government reserves the right to award without discussions. 2. This competitive acquisition will be made using simplified acquisition procedures under FAR Subpart 13.5 -Test Program for Certain Commercial Items. Proposals will be evaluated on technical factors and cost/price factors. 3. 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 a vendor for any costs. B. GENERAL INSTRUCTIONS 1. This section of the Instructions to Offerors (ITO) provides specific instructions on the format and content of the quote. The vendor's quote must include all data and information requested by the ITO and must be submitted in accordance with these instructions. Any vendor who submits an incomplete package may be considered ineligible for award or unfavorable quote evaluation. 2. The quote shall be clear, concise, and shall include sufficient detail for effective evaluation. The quote should not simply rephrase or restate the Government's requirements, but provide convincing rationale to address how the vendor intends to meet these requirements. Vendors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its technical evaluation only on the information presented in the vendor's quote. 3. Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired. 4. Quote validity period: Vendors will price their quotes in such a way as to allow the Government a minimum of 180 calendar days from date of solicitation close. C. QUOTE PREPARATION INSTRUCTIONS 1. Quote Submission: Quotes must be completed and submitted prior to the time list on page 1 of this combined synopsis / solicitation. E-mail is the preferred method of delivery. If hand carrying or mailing a quote, the "original" quote shall be clearly identified, shall be addressed to the Contracting Officer, and may be hand carried by appointment only prior to the closing time and date or submitted to the following address: 379 ECONS Attn: Robert Lieder Unit 61206 APO, AE 09309-1206 robert.lieder@auab.afcent.af.mil Any quote submitted other than electronically shall have a CD-ROM or DVD submitted that contains all documents, organized according to volume and subject. Electronic Mail Address: robert.lieder@auab.afcent.af.mil. Vendors submitting quotes are required to submit email files under 5 Megabyte (mb). Any file submitted that exceeds this size limit may be rejected by the e-mail server at AUAB. The Government will not be held accountable should a quote file not make it to the above stated e-mail address. Vendors submitting electronic quotes shall include one (1) separate electronic file for each volume. Quotes shall be received prior to the closing time and date. Quotes will be checked against the time received by the AUAB mail servers. The contractor is responsible for ensuring quotes are delivered on time regardless of the method of delivery. 2. Compliance: Vendors 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 sub factors. Failure to meet a requirement may result in a vendor being ineligible for award. Exception to the solicitation requirements or terms and conditions will render the vendor's quote un-awardable. Quotes will be submitted in US Dollars ($USD). 3. Point of Contact: The Contracting Officer (CO) is the point of contact for this acquisition. Address any questions or concerns you may have to the CO. Written requests for clarification may be sent to the CO at robert.lieder@auab.afcent.af.mil. 4. Discrepancies: If a vendor believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the vendor shall immediately notify the CO in writing with supporting rationale. 5. Electronic Reference Documents: All referenced documents for this solicitation are available from the CO listed above. 6. Amendments to Solicitation: Changes to the solicitation can only be made by the issuance of an amendment. If this solicitation is amended, all terms and conditions not revised will remain unchanged and in effect. Vendors shall acknowledge receipt of any amendment and provide confirmation upon submission of the vendor's quote. Any unacknowledged amendments in the vendor's quote may cause the quote to be determined un-awardable. D. QUOTE VOLUMES: The quote shall consist of the following volumes: Volume 1 - PRICE (including Page One (1) of the Combined / Synopsis solicitation (acknowledgment of amendments, and reps and certs) Volume 2 - TECHNICAL E. EVALUATION FACTOR 1 - PRICE 1. These instructions are to assist vendors in submitting information that is required to evaluate the total evaluated price. Compliance with these instructions are mandatory and failure to comply may result in rejection of a vendor's quote. a) Contract Documents: The vendor's quote shall include the following sections in the Price Volume: i. Section A - Solicitation/Combined Synopsis: Complete page one (1) of this combined synopsis / solicitation. Include with signature. In doing so, the vendor accedes to the contract terms and conditions as written in the Request for Quotes (RFQ). The solicitation constitutes the model contract. ii. SF 30- Amendment of Solicitation/Modification of Contract (if applicable), signed to acknowledge and accept terms and conditions of the amendment. iii. Section K - Representations and Certifications: Contractors who have not completed their On-Line and Certifications and Application in SAM at https://www.sam.gov, a hand filled copy of FAR clause 52.212-3 shall be submitted as part of the price quote. F. EVALUATION FACTOR 2 - TECHNICAL 1. These instructions are to assist vendors in submitting information that is required to evaluate the vendor's technical proposal. Compliance with these instructions is mandatory and failure to comply may result in rejection of a vendor's quote. Any assumptions should be clearly stated within the quote. All the requirements specified in the solicitation are mandatory. By your quote submission, you are representing that your firm will perform all the requirements specified in the solicitation. It is neither necessary nor desirable for you to state this in your quote. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation. 2. The vendor shall provide evidence demonstrating that the vendor meets services/support under section 1.1 and host nation requirements 2.1 of the Performance Work Statement (Attachment 1). Note: The vendor is responsible for obtaining any forms required by this solicitation, regardless of whether they are provided as an attachment. (End of Provision Addendum) FAR 52.212-2 -- EVALUATION -- COMMERCIAL ITEMS. (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible vendor whose offer conforming to the solicitation offers the best value to the government with price related factors being equal to technical factors. IAW FAR 13.106-2 - Evaluation of Quotations or Offers, all quotes shall be evaluated on the basis established in this solicitation and all quotes shall be considered. Quotes will be ranked according to price, and then evaluated for technical acceptability beginning with the lowest priced quote. The responsible vendor, whose quote is technically acceptable, and whose price is most advantageous to the Government will be selected for award. (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) ADDENDUM TO 52.212-2 -- EVALUATION -- COMMERCIAL ITEMS Basis for Contract Award: Using Simplified Acquisition Procedures and Commercial Item Procedures IAW FAR parts 12 and 13. PRICE EVALUATION Total Price: This criterion evaluates the overall price of all CLINS listed on page one (1) of this combined synopsis / solicitation. Any inconsistencies between proposed performance and price must clearly be justified. For example, if unique and innovative approaches are the basis for an abnormally low proposed price, the nature of these approaches and their impact to the proposed price, must be completely documented. The burden of credibility of price rests solely with the vendor. All quotes will be ranked from lowest to highest based on total price. TECHNICAL EVALUATION The technical proposal will be evaluated as either technically acceptable or not technically acceptable. The page limitation for the technical volume is twenty (20) pages. To be determined technically acceptable, the vendor shall provide evidence demonstrating that the vendor meets services/support under section 1.1 and host nation requirements 2.1 of the Performance Work Statement (Attachment 1). PAST PERFORMANCE EVALUATON A formal past performance evaluation will not be conducted for this solicitation; however the vendor shall be determined responsible IAW FAR 9.104-1(a) - (g). The contractor may provide past performance related to mail delivery and pickup services voluntarily and it may be used to satisfy the requirement at FAR 9.104-1(c); however it is not mandatory and contractors will not be determined non-responsible solely on the basis of a lack of relevant performance history. (End of Provision Addendum) FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAY 2014) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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: [Contracting Officer check as appropriate.] ___ (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 (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). _X_ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business 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. ___ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). ___ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). ___ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). ___ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). ___ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). ___ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). ___ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ___ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (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. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (44) 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). ___ (45) 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. 2303 Note). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ___ (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). _X_ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). _X_ (54) (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: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labot Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). _X_ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (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 (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) FAR 52.232-35 -- DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMATION (JUL 2013) (a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration, the Government has designated the office cited in paragraph (d) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract. (b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (d) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (d). (d) Designated Office: 379 ECONS APO, AE 09309 Attn: LGCC/C-5 Phone: 4458-9555; ext 437-2039 E-Mail: Current Contract Administrator (End of Clause) FAR 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: 379 AEW/ECONS Attn: Robert Lieder APO, AE 09309 Al Udeid Air Base, Qatar Robert.lieder@auab.afcent.af.mil (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 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): FAR Site at http://farsite.hill.af.mil/vffara.htm DFARS Site at http://farsite.hill.af.mil/vfdfara.htm AFFARS Site at http://farsite.hill.af.mil/vfaffara.htm (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): FAR Site at http://farsite.hill.af.mil/vffara.htm DFARS Site at http://farsite.hill.af.mil/vfdfara.htm AFFARS Site at http://farsite.hill.af.mil/vfaffara.htm (End of clause) FAR 52.252-3 - ALTERATIONS IN SOLICITATION (1984) Portions of this solicitation are altered as follows: Addendum to FAR 52.212-1, Instructions to Offerors - Commercial Items Addendum to FAR 52.212-2, Evaluation - Commercial Items (End of Provision) DFARS 252.225-7993 PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION2014-O0008)(FEB 2014) (a) The Contractor shall exercise due diligence to ensure that none of the funds received under this contract are provided directly or indirectly to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the armed forces are actively engaged in hostilities. (b) The Contractor shall exercise due diligence to ensure that none of their subcontracts are associated with a person or entities listed in "NDAA FY2012 Section 841/FY2014 Section 831 Identified Entities" list posted at http://www.acq.osd.mil/dpap/pacc/cc/policy.html. (c) The Head of the Contracting Activity (HCA) has the authority to- (1) Terminate this contract for default, in whole or in part, if the HCA determines in writing that the contractor failed to exercise due diligence as required by paragraph (a) and (b) of this clause; or (2) Void this contract, in whole or in part, if the HCA determines in writing that any funds received under this contract have been provided directly or indirectly to a person or entity who is actively opposing or Coalition forces involved in a contingency operation in which members of the armed forces are actively engaged in hostilities. (d) The substance of this clause, including this paragraph (d), is required to be included in subcontracts under this contract that have an estimated value over $50,000. (End of clause) 252.225-7994 Additional Access to Contractor and Subcontractor Records in the United States Central Command Theater of Operations (DEVIATION 2014-O0008)(FEB 2014) (a) In addition to any other existing examination-of-records authority, the Department of Defense is authorized to examine any records of the Contractor to the extent necessary to ensure that funds available under this Contract are not- (1) Subject to extortion or corruption; or (2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation. (b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts under this Contract that have an estimated value over $100,000. (End of clause) DFARS 252.225-7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES CENTRAL COMMAND AREA OF RESPONSIBILITY (DEVIATION 2013-O0015) (JUN 2013) (a) General. (1) This clause applies when Contractor personnel are required to perform in the United States Central Command (USCENTCOM) Area of Responsibility (AOR) and are not covered by the clause at DFARS 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. (2) Contract performance may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations. (3) Contractor personnel are civilians. When authorized in accordance with paragraph (h) of this clause to carry arms for personal protection, Contractor personnel are only authorized to use force for individual self-defense. (4) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note. (b) Support. Unless specified elsewhere in the contract, the Contractor is responsible for all logistical and security support required for Contractor personnel engaged in this contract. (c) Compliance with laws and regulations. (1) The Contractor shall comply with, and shall ensure that its personnel in the USCENTCOM AOR are familiar with and comply with, all applicable- (i) United States, host country, and third country national laws; (ii) Treaties and international agreements; (iii) United States regulations, directives, instructions, policies, and procedures; and (iv) Force protection, security, health, or safety orders, directives, and instructions issued by the USCENTCOM Commander; however, only the Contracting Officer is authorized to modify the terms and conditions of the contract. (2) The Contractor shall ensure that Contractor employees are aware of their rights to- (A) Hold their own identity or immigration documents, such as passport or driver's license; (B) Receive agreed upon wages on time; (C) Take lunch and work-breaks; (D) Elect to terminate employment at any time; (E) Identify grievances without fear of reprisal; (F) Have a copy of their employment contract in a language they understand; (G) Receive wages that are not below the legal in-country minimum wage; (H) Be notified of their rights, wages, and prohibited activities prior to signing their employment contract; and (I) If housing is provided, live in housing that meets host-country housing and safety standards. (d) Preliminary personnel requirements. (1) Specific requirements for paragraphs (d)(2)(i) and (d)(2)(ii) of this clause will be set forth in the statement of work or elsewhere in the contract. (2) Before Contractor personnel begin contract performance in the USCENTCOM AOR, the Contractor shall ensure the following: (i) All required security and background checks are complete and acceptable. (ii) All personnel are medically and physically fit and have received all required vaccinations. (e) Registration of Contractor personnel. (1) The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web-based system to enter and maintain data for all Contractor employees covered by this clause, following the procedures in paragraph (e)(3) of this clause. (2) Upon becoming an employee under this contract, the Contractor shall enter into SPOT, and shall continue to use SPOT web-based system to maintain accurate, up-to-date information throughout the employment in the AOR. Changes to status of individual Contractor personnel relating to their in-theater arrival date and their duty location, to include closing out the employment in the AOR with their proper status (e.g., mission complete, killed, wounded) shall be annotated within the SPOT database in accordance with the timelines established in the SPOT business rules. (i) In all circumstances, this includes any personnel performing private security functions. (ii) For personnel other than those performing private security functions, this requirement excludes anyone- (A) Hired under contracts valued below the simplified acquisition threshold; (B) Who will be performing in the CENTCOM AOR less than 30 continuous days; or (C) Who, while afloat, are tracked by the Diary message Reporting System (3) Follow these steps to register in and use SPOT: (i) SPOT registration requires one of the following login methods: (A) A Common Access Card or a SPOT-approved digital certificate; or (B) A Government-sponsored SPOT user ID and password or an Army Knowledge Online (AKO) account. (ii) To register in SPOT: (A) Contractor company administrators should register for a SPOT account at https://spot.altess.army.mil; and (B) The customer support team must validate user need. This process may take two business days. Company supervisors will be contacted to validate Contractor company administrator account requests and determine the appropriate level of user access. (iii) Upon approval, all users will access SPOT at https://spot.altess.army.mil/. (iv) Refer SPOT application assistance questions to the Customer Support Team at 717-458-0747 or SPOT.helpdesk@us.army.mil. Refer to the SPOT Enterprise Suite Resource Center at http://www.resource.spot-es.net/ for additional training resources and documentation regarding registration for and use of SPOT. (4) The Contractor shall submit aggregate Contractor personnel counts at a minimum quarterly or as directed by the Contracting Officer by category (i.e. U.S. third country national or local national) of those Contractor personnel who are on contracts valued at more than the simplified acquisition threshold, but performing less that 30 days in the AOR (e.g. day laborers). (f) Contractor personnel. The Contracting Officer may direct the Contractor, at its own expense, personnel who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including termination for default or cause. (g) Military clothing and protective equipment. (1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized by the USCENTCOM Commander. If authorized to wear military clothing, Contractor personnel must wear distinguishable from military personnel, consistent with force protection measures. (2) Contractor personnel may wear specific items required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment. (h) Weapons. (1) If the Contractor requests that its personnel performing in the designated operational area be authorized to carry weapons for personal protection, the request shall be made through the Contracting Officer to the USCENTCOM Commander, in accordance with DoD Instruction 3020.41, enclosure 2, paragraph 4.e.(2).. The USCENTCOM Commander will determine whether to authorize in-theater Contractor personnel to carry weapons and what weapons and ammunition will be allowed. (2) If the Contracting Officer, subject to the approval of the USCENTCOM Commander, authorizes the carrying of weapons- (i) The Contracting Officer may authorize an approved contractor to issue contractor-owned weapons and ammunition to specified employees; or (ii) The ________ [Contracting Officer to specify individual, e.g. Contracting Officer Representative, Regional Security Officer, etc,] may issue Government-furnished weapons and ammunition to the Contractor for issuance to specified Contractor employees. (3) The Contractor shall ensure that its personnel who are authorized to carry weapons- (i) Are adequately trained to carry and use them- (A) Safely; (B) With full understanding of, and adherence to, the rules of the use of force issued by the USCENTCOM Commander; and (C) In compliance with applicable Department of Defense and agency policies, agreements, rules, regulations, and other applicable law; (ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and (iii) Adhere to all guidance and orders issued by the USCENTCOM Commander regarding possession, use, safety, and accountability of weapons and ammunition. (4) Upon revocation by the Contracting Officer of the Contractor's authorization to possess weapons, the Contractor shall ensure that all Government-furnished weapons and unexpended ammunition are returned as directed by the Contracting Officer. (5) Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon. (i) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the area of performance. (j) Evacuation. In the event of a non-mandatory evacuation order, the Contractor shall maintain personnel on location sufficient to meet contractual obligations unless instructed to evacuate by the Contracting Officer. (k) Notification and return of personal effects. (1) The Contractor shall be responsible for notification of the employee-designated next of kin, and notification as soon as possible to the U.S. Consul responsible for the area in which the event occurred, if the employee- (i) Dies; (ii) Requires evacuation due to an injury; or (iii) Is isolated, missing, detained, captured, or abducted. (2) The Contractor shall also be responsible for the return of all personal effects of deceased or missing Contractor personnel, if appropriate, to next of kin. (l) Mortuary affairs. Mortuary affairs for Contractor personnel who die in the area of performance will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Policy and DoDI 3020.41 (enclosure 2, paragraph 4.h.). (m) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in place of performance or Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph shall be subject to the provisions of the Changes clause of this contract. (n) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (n), in all subcontracts that require subcontractor personnel to perform in the USCENTCOM AOR. (End of clause) AFFARS 5352.201-9101 -- OMBUDSMAN (APR 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, Center/MAJCOM/DRU or AFISRA ombudsmen, Deputy Chief, Contracting Division, ACC/A7K, DSN: 312-574-5371, Commercial 011-965-757-764-5371, tonney.kawuh@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. (End of clause)
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