SOLICITATION NOTICE
84 -- STTS Personal Equipment Kits - Attach 2 - Attach 1a - Attach 3 - Attach 1
- Notice Date
- 8/15/2016
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 315220
— Men's and Boys' Cut and Sew Apparel Manufacturing
- Contracting Office
- Department of the Air Force, Air Force Special Operations Command, 1 SOCONS- Hurlburt, 350 Tully Street, Hurlburt Field, Florida, 32544-5810, United States
- ZIP Code
- 32544-5810
- Solicitation Number
- FA4417-16-T-0039
- Archive Date
- 9/17/2016
- Point of Contact
- Michael D Wenrick, Phone: 850-884-6007
- E-Mail Address
-
michael.wenrick@hurlburt.af.mil
(michael.wenrick@hurlburt.af.mil)
- Small Business Set-Aside
- Total Small Business
- Description
- Attachment 1 Statement of Work Attachment 3 Contractor Information Attachment 1a SOW Attach 1 Kit Listing Attachment 2 Bid Schedule This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This announcement constitutes one (1) solicitation which will result in one (1) definite quantity award for providing Special Tactics Personal Equipment Management System(ST PEMS) Kits for the Special Tactics Training Squadron. Anticipated awards will be the result of Small Business set-aside. Quotationss are being requested and written solicitations will not be issued. Solicitation Number FA4417-16-T-0039 is hereby issued as a Request for Quote. This combined synopsis/solicitation and incorporated provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-89, effective 14 July 2016. The North American Industry Classification System (NAICS) code for this project is 315220 and Standard Industrial Classification (SIC) code 5699. The Size Standard for NAICS 315220 is 500 employees. This acquisition is solicited as a 100% set-aside for Small Business Concerns The contractors shall provide all labor, equipment, materials, tools, parts, shipping, and all other items necessary to provide ST PEMS kits for the Special Tactics Training Squadron. PERIOD OF PERFORMANCE: (Estimated 1 Oct 2016 through 30 Sep 2017) Workload Estimates: A total of 238 kits will be delivered during the performance of this contract. (190 Initial issue kits, 24 Pararescue training kits, 24 Pararescue operations kits) Task Description: The objective of ST-PEMS is to maximize enterprise equipment readiness and preserve agility to pace dynamic mission requirements. The portfolio of "ST Baseline" equipment (Attachment 1a) will consist of approximately 125 manufacturer-specific items, ordered in a kitted configuration. "PJ Addendum" portfolios (SOW Attachment 1a) will consist of approximately 25 manufacturer-specific items, ordered in a kitted configuration. The contract odering period will extend 12 months from initial order delivery acceptance. Sizing. Contractor shall provide a list of objective sizing metrics (e.g. "length of inseam in inches") that can be readily obtained from the user. These individual measurements shall be provided by the government with every purchase order to properly fit sized template items to user. The individual user should be able to manually enter appropriate sizing information onto a contractor-provided Order Form. The Order Form template shall be provided to the government in PDF form no later than 15 days after contract award. Kitting and Packaging: The Contractor shall provide kitting and packaging services that support bulk and individual distribution process. The contractor shall maintain efficient processes that facilitate sorting, combining, and packaging of the government's equipment into containers marked for distribution to individual personnel. Items should be kitted in accordance with the kitting instructions found in column B on each tab within SOW Attachment 1a: STTS Equipment Kit Lists. The government requires ST-PEMS equipment to be delivered in a kit configuration to promote rapid and accurate receiving, warehousing, and issue. Kitting components may include but are not limited to: pallets, cartons, corrugated shippers, heat-sealed bags, zippered bags, and waterproof or all-weather cases. The contractor shall label, bundle, and shrink-wrap items according to specifications provided in approved sample kit submission. The contractor shall utilize a packaging strategy that provides protection and user-friendly organization of equipment. Each offeror will include a packaging implement proposal which will describe the means by which the offeror proposes to combine kitting components and packaging methods in order to accomplish kit configurations that promote rapid and accurate receiving, warehousing, and issue. The government will approve a packaging implement proposal during the selection process. The contractor shall adhere to those standards throughout duration of contract. Shipping: The contractor shall provide FOB destination shipping services to the Special Tactics Training Squadron (STTS) at Hurlburt Field, FL in support of the government's equipment procurement process. The cost associated with shipments shall be incorporated into kit pricing. The contractor shall make shipment tracking information available to unit account managers and individual users. Contractor shall ship equipment identified in ST-PEMS template as required based on the "need day" schedule in Attachment 2. Contractor shall be prepared to begin purchase order shipment no later than 60 days following contract award. Contractor shall ship equipment as directed by the OGR. Contractor proposal shall include all of the following: STTS Equipment Kit List Attachment 1a Offer Schedule (Pricing Information required over multiple tabs within the spreadsheet) Attachment 2 Contractor Information Attachment 3 Delivery Terms are FOB Destination for offerors location in accordance with the attached Statement of Work. The following provisions and clauses apply to this solicitation and will remain in full force in any resultant award: 52.204-7 -- System for Award Management. (Jul 2013) (a) Definitions. As used in this provision- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the System for Award Management (SAM) database" means that- (1) The Offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; and (2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process. (4) The Government has marked the record "Active". (b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) Offerors may obtain information on registration at https://www.acquisition.gov. (End of Provision) 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (Apr 2014) Addendum to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: "The offeror agrees to hold the prices in its offer firm for 45 calendar days from the date specified for receipt of offers." ADDENDA TO 52.212-1, PROPOSAL PREPARATION INSTRUCTIONS A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The response shall consist of two (2) separate parts; Part I - Price Proposal, and Part II - Technical proposal. B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional data will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit cost data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price. C. Specific Instructions: 1. PART I - PRICE PROPOSAL - Submit original and one (1) additional copy if hand delivering proposals (a) Complete attachment 2 to this solicitation. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION, with attachments. The SOLICITATION constitutes the model contract. (b) Insert proposed unit and extended prices in the Pricing Schedule (Attachment 2). The extended amount must equal the whole dollar unit price multiplied by the number of units. The proposal(s) must be submitted for an entire period of performance. PERIOD OF PERFORMANCE: (Estimated 1 Oct 2016 through 30 Sep 2017) (c) Complete the necessary fill-ins and certifications in provisions. The provisions FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, shall be returned along with the proposal. 2. PART II - TECHNICAL PROPOSAL - Limited to no more than 10 pages. Submit original plus three (3) copies if hand delivering proposal. Technical proposal shall include offerors technical approach to the requirements stated in the solicitations Statement of Work. Offeror shall submit signed and dated offer to 24 SOW/PK, Attn: Michael Wenrick, 350 Tully Street, Hurlburt Field FL 32544, by 2 September 2016, 2:00 p.m. CST. Submit signed and dated Offer Schedule marked with solicitation number FA4417-16-T-0039. The offeror may submit an electronic copy of their signed and dated offer via e-mail to 24SOW.PK@us.af.mil with the solicitation number in the subject block. The government reserves the right to evaluate proposals and award a contract without discussions with offerors. Facsimile proposals will not be accepted. Offerors are cautioned that Hurlburt field, FL has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HANDCARRYING PROPOSALS. Any offeror wanting to hand deliver proposal shall contact either Michael Wenrick or Capt Caitlin Harris at 850-884-6007 for procedures on accessing the base at least one (1) week prior to the time specified for receipt of proposals. Offerors should allow sufficient time to obtain a visitor pass and arrive at the bid depository PRIOR to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.212-1(f) "Late submission, modifications, revisions, and withdrawals of offers." FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this base: New Year's Day 1 January Martin Luther King's Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December 52.212-2 EVALUATION -- COMMERCIAL ITEMS (Oct 2014) Addendum to FAR 52.212-2: (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) Technical capability of the service offered to meet the Government requirement; (ii) Price; The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (1) TECHNICAL, and PRICE with Technical being approximately equal to Price when being evaluated. Initially, offers shall be ranked according to price, including option prices. An offeror's proposed prices will be determined by multiplying the quantities identified in the Pricing Schedule by the unit price for each item to confirm the extended amount for each. After being ranked according to price in ascending order, the proposal will be provided to the technical team for technical evaluation. If the lowest priced proposal is deemed technically acceptable, evaluations will conclude at this point. If it is not deemed technically acceptable the next lowest priced proposal will be evaluated. This process will continue until the Government has determined a proposal to be technically acceptable. (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. The Government will award a Firm Fixed Price Purchase Order based on the factors above. The offeror shall submit at a minimum a completed "Offer scheduled"(attachment 2) and the "Contractor Information" (attachment 3) and their technical approach based on this requirement Statement of Work. Price: Complete Offer Schedule (Pricing Information required over multiple tabs within the spreadsheet) attachment 2 Technical acceptability will be determined by the following: 1. Offerors approach to fullfilling the requirements of the statement of Work (Attachment 1). At a minimum the proposal should address contractors approach to paragraph 1.3.2 Tasks. Specifically, the companies approach to Sizing (to include a sample order form), Procurement, Supply Chain Management, Warehousing, Kitting / Packaging, Shipping and Delivery. FAR 52.212-3, Offeror Representations and Certifications (Mar 2015) - Commercial Items and DFARS 252.212-7000 Offeror Representations and Certifications - Commercial Items (June 2005) apply to this Request for Proposal and the offeror must include a completed copy of these provisions with their proposal or indicate (with DUNS Number) that current information is available on the federal government website ORCA (htpps://www.sam.gov) The full text of these clauses and provisions may be accessed electronically at the website: http://farsite.hill.af.mil. Prospective contractors must be registered in the Central Contractor Registration Database prior to award of a government contract. The offeror may access the current replacement site for ORCA, the System for Award Management (SAM), at (https://www.sam.gov/portal/public/SAM/) FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2016) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (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: X___ (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). X___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). X___ (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 2015) (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 (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] X___ (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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). X___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 (Oct 2015) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). X___ (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) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (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 (Feb 2016) (E.O. 13126). X___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X___ (28) 52.222-26, Equal Opportunity (Apr 2015) (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.) X___ (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) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (46) (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. X___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X___ (48) 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). ___ (49) 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). ___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X___ (54) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (55) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (58) (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) 52.222-17, 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) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 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) 52.219-8, 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 $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. (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 (Apr 2015) (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) ____ (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) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 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). (xvii) 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. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 52.216-1 -- Type of Contract (Apr 1984). As prescribed in 16.105, complete and insert the following provision: The Government contemplates award of a Definite Quantity contract resulting from this solicitation. (End of Provision) 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013) 52.232-18 -- Availability of Funds. (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. 252.212-7001 Contract Terms and Conditions Required Implementing Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. AFFARS 5352.201-9101 OMBUDSMAN (NOV 2012) (c) If resolution cannot be made by the contracting officer, the interested party may contact the Center/MAJCOM/DRU or AFISRA ombudsmen, Lt Col Gerald I Ray, HQ AFSOC/A7K, 427 Cody Avenue, Suite 225, Hurlburt Field, FL 32544; Phone: (850) 884-3990, fax: (850) 884-2476.. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA 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) 256-2397, facsimile number (571) 256-2431. List of Attachments: 1. Statement of Work (with attachments) a. STTS Equipment Kit List 2. Offer Schedule (Must be filled in) 3. Contractor Information (Must be filled in)
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