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FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 02, 2017 FBO #5670
SOLICITATION NOTICE

D -- 10 Gig Internet Service - Attachments

Notice Date: 5/31/2017
Notice Type: Combined Synopsis/Solicitation
NAICS: 517210 — Wireless Telecommunications Carriers (except Satellite)
Contracting Office: Department of the Air Force, Direct Reporting Units, USAF Academy - 10 CONS, 8110 Industrial Drive, Suite 200, USAF Academy, Colorado, 80840-2315, United States
ZIP Code: 80840-2315
Solicitation Number: FA7000-17-T-0071
Point of Contact: john keith, Phone: 7193338041
E-Mail Address: john.keith.4@us.af.mil
(john.keith.4@us.af.mil)
Small Business Set-Aside: N/A
Description: Environmental Standards Erosion Control Fiber Conduit Map Performance Work Statement Request for Proposal FA7000-17-T-0071 10 Gbps CIRCUIT 30 May 2017 DESCRIPTION OF REQUIREMENT This is a combined synopsis/solicitation for a commercial item 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; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as solicitation number FA7000-17-T-0071, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular Current to FAC 2005-95, 19 Jan 2017. The North American Industry Classification System Code [NAICS] is 517311 and the size standard is 1500. All responsible sources may submit a quote, which if received timely, will be considered by the 10 th Contracting Squadron, USAF Academy (USAFA). The government bares no legal liability for bid cost associated with this request for quote. Vendors should not submit a quote unless they are willing to absorb all cost associated with submitting a quote. a. The United States Air Force Academy (USAFA) has a requirement to obtain a 10 Gbps connection to provide internet and ancillary services in support of the USAFA Academic network. This connection will primarily support internet data transport services for cadet/student and faculty personal devices and computers. b. A clear and complete description for the 10 Gbps Service can be found in the attached Performance Work Statement (PWS) dated 25 Apr 2017. c. The internet data circuit proposed for this requirement is a 10 Gbps circuit, terminating on the South side of USAFA, at 5130 Cathedral Dr. and should be operational no later than 30 Sep 2017. d. Interested parties are reminded to have a current registration in System for Award Management (SAM) and review/ maintain all annual representations and certifications in accordance with the Federal Acquisition Regulations (FAR). e. It is the intent of the USAFA to make monthly service payments via the Government wide Purchase Card (GPC) for this service. This includes amortizing any initial installation or additional cost into the monthly recurring payment for the first year of this effort. Some invoicing actions may be required via Wide Area Workflow (WAWF). Since Government fiscal procedures impact scheduled payments set for the 1 st of each month, a mid-month payment schedule is desired (tentative 1 st payment for this acquisition would occur 15 Oct 17) and should be confirmed in your quote. The following incorporated provisions and clauses as listed below apply and are those in effect through Federal Acquisition Circular: Current to FAC 2005-95. GENERAL REQUIREMENTS Addendum to FAR 52.212-1 INSTRUCTIONS TO OFFERORS (JAN 2017) a. This is a Request for Proposal (RFP) to award a Blanket Purchase Agreement (BPA) in accordance with (IAW) FAR Part 12 and 13 for the USAFA Commercial Internet Services requirement as defined in the PWS, with a five (5) year ordering period. All eligible business are invited to submit a quote, which if received by the deadline specified herein, will be considered. Quotes must be submitted via email to POC listed below. b. To assure timely and equitable evaluation of quotes, the quoter must follow the instructions contained herein. Failure to meet a requirement may result in a quote being ineligible for award. It is the quoter's responsibility to ensure their quote meets all the requirements. Alternative quotes will be accepted. The quote shall consist of two (2) separate volumes; Part I - Price, and Part II -Technical. c. Submitted quote must include: company name, point of contact name, point of contact telephone number, printed name and title of signer, and must be signed by a company representative with the authority to commit their company to the quote. In signing the quote the quoter accedes to the contract terms and conditions as written in the RFQ, with any attachments. Quotes must also contain company DUNS number, CAGE Code and TIN. Prices quoted must be Firm-Fixed Price unless otherwise noted on the Price table below to include shipping and handling charges based on F.O.B. Destination. Quotes received with FOB: Other than Destination will not be considered. The price table found below must be filled out in its entirety and returned with the quote as Part I - Price. The CLIN table will result in the incorporated BPA price list used in execution of the BPA calls. (Calls are orders placed against the BPA price list by authorized callers). d. Late submissions: 1. Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due. 2. Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition. 3. If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. e. Notice to Offeror(s)/Supplier(s): The Government reserves the right to cancel this solicitation, either before or after the closing date. In any event the Government has no obligation to reimburse an offeror for any costs. An award may be made on an all, none or partial basis based on availability of funding and government requirements. Call will continued to be made based on availability of funding. Funds are not presently available for this contract. The Government's obligation under this contract is agreement upon the availability of appropriated funds from which payment for contract purposes can be made. The first call to this contract will not be made until funding becomes available. 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. f. Distributed material will be identified as source selection sensitive and distribution strictly limited to appropriate personnel. Should any contractor object to their proprietary information being transmitted via commercial e-mail as described above, please advise the Contracting Officer. Quotes must be received no later than 9:00 AM Mountain Standard Time on Thursday, 1 July 2017 electronically via the email. Quotes received after the specified date and time will be considered late and may not be evaluated. g. All questions should be addressed in writing and submitted via Email to ALL points of contact listed below: Mr. John Keith by Monday, 12 June 2017, 9:00 AM MST. All Questions and responses received by the stated deadline will be answered and provided to all eligible contract holders. h. Points of Contact: Contract Specialist, Mr. John Keith Phone: 719-333-8041 Email: john.keith.4@us.af.mil Contracting Officer, Ms. Allison Norder Phone: 719-333-3988 Email: allison.norder@us.af.mil i. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Alt I), must be completed. Offerors are HIGHLY ENCOURAGED to complete all representations and certifications electronically on line at: www.sam.gov. If not completed on-line, 52.212-3, with its Alt I shall be completed in hard copy and submitted with proposal. j. Contractors must be registered with sam.gov to conduct business with the Department of Defense. No award will be made to any company without this registration. (www.sam.gov) k. The quoter shall hold the prices in its proposal firm for 60 calendar days after the deadline for submission of proposals and shall include a statement in the quote confirming the quote's validity for 60 calendar days. 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 any quoter for any costs. l. Delivery terms will be FOB Destination. Place of Performance will be: USAFA / A6 TMT Program Office 5130 Cathedral Drive USAF Academy, CO 80840 m. Format for proposal Parts I and II shall be as follows: The proposals will be 8 1/2" x 11" papers except for fold-outs used for charts, tables, or diagrams, which may not exceed 11" x 17". A page is defined as one face of an 8 1/2" x 11" sheet of paper (white or ivory in color) containing information. Charts, tables, or diagrams, may not exceed 11" x 17" and each face will be counted as one page. This includes all appendices, charts, graphs, diagrams, tables, photographs, etc. Typing shall not be less than 12 pt font, with "1 inch" margins. No less than 8 pt font may be used for charts and tables. Elaborate formats, bindings or color presentations are not desired or required. Company name and solicitation number shall be included in the header of each page, with page numbers in the footer. A. Part I - Price. There is no page limit for this factor. The offeror must submit proposed prices in accordance with the price table below, and must be inclusive of all work required in the PWS. All proposals must include a completed copy of this RFQ including the table below with amounts for unit price extended amount and a total price for each period of performance as well as the total price. The unit price multiplied by the quantity must equal the extended price to the nearest whole dollar. The unit price of the offeror's proposal shall control any conflict between the unit price and the extended amount submitted in response to the solicitation. Failure to propose for any item in the table below may cause the offeror's proposal to be rejected as non-responsive. For each annual period the government will divide the proposed price for each period by the number of months of performance to arrive at a monthly rate. Award will be made based on the prices proposed by the offeror initially or as a result of discussions, if conducted. REQUIREMENTS FOR RFP: This is a BPA with a five (5) year ordering period that must be reviewed annually. Therefore offorers are permitted to express their Firm Fixed Price offer in terms of annual increments. Please provide a price for each annual period ( round Unit and Extended Prices to the nearest whole dollar.) PoP Brand Description Qty Unit Price Total Price 30 Sep 17- 29 Sep 18 10 Gbps internet connection and ancillary services (with installation cost if any) 12 Mo 30 Sep 18 - 29 Sep 19 10 Gbps internet connection and ancillary services 12 Mo 30 Sep 19 - 29 Sep 20 10 Gbps internet connection and ancillary services 12 Mo 30 Sep 20 - 29 Sep 21 10 Gbps internet connection and ancillary services 12 Mo 30 Sep 21 - 29 Sep 22 10 Gbps internet connection and ancillary services 12 Mo TOTAL PRICE OF Agreement: FFP periods 1-5 *Period of Performance for Agreement: 30 Sep 2017 - 29 Sep 22 $ ___________ B. Part II - Technical Proposal. The technical proposal shall be no more than 10 pages and will state compliance with requirements, risks, assumptions, and conflict of interest issues. Proposals shall address all proposed teaming arrangements. Technical proposals will include adequate information to detail the quote meets performance objectives outlined in the Performance Work Statement and environmental standards / compliance are addressed. EVALUATION OF QUOTES IAW FAR 52.212-2 Evaluation - Commercial Items (Oct 2014) •· Price •· Meets the minimum performance objectives outlined in the PWS and this RFQ a. Award may be made to the responsible offorer on the basis of the lowest evaluated price of quotes with an Acceptable Technical Rating and has no active exclusions on sam.gov or Federal Awardee Performance and Integrity Information System (FAPIIS). Price analysis will be performed IAW FAR 13.106-2 Evaluation of Quotes and Offers. The quote with the lowest evaluated price from a responsive vendor will be evaluated to determine technical acceptability. If the lowest priced quote is found to meet all RFQ requirements, is technically acceptable, and there are no active exclusions, award can be made to this quoter with no further evaluations. If the lowest priced quote is rated unacceptable in technical or active exclusions are found, the next lowest priced quote will be evaluated the process will continue until a low priced technically acceptable quote is found with no exclusions. b. The government intends to award without discussions to the lowest priced quote that demonstrates it meets the minimum performance objectives outlined in the PWS and this RFQ, but reserves the right at any time during evaluations to enter into discussions if it is determined to be in the government's best interest. CLAUSES INCORPORATED BY REFERENCE 52.202-1 DEFINITIONS (NOV 2013) 52.203-3 GRATUITIES (APR 1984) 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT ALTERNATE I (OCT 1995) 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2016) 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) 52.203-6(ALT I) RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT ALTERNATE I (OCT 1995) 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015) 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) 52.212-1 INSTRUCTION TO OFFERORS (JAN 2017) 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) 52.219-1(ALT I) SMALL BUSINESS PROGRAM REPRESENTATIONS ALTERNATE I (SEP 2015) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016) 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) 52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (OCT 2016) 52.222-3 CONVICT LABOR (JUNE 2003) 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) 52.222-26 EQUAL OPPORTUNITY (SEP 2016) 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016) 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) 52.222-41 SERVICE CONTRACT LABOR STANDARDS (MAY 2014) 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) 52.225-13 RESTRICTION ON CERTAIN FOREIGN PURCHASES (JUN 2008) 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- SYSTEM FOR AWARD MANAGEMENT (JUL. 2013) 52.232-36 PAYMENT BY THIRD PARTY (MAY 2014) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) 52.233-1 DISPUTES (MAY 2014) 52.233-3 PROTEST AFTER AWARD (AUG. 1996) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) 252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (DEC 1991) 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) (JUN 2013) PROVISIONS AND CLAUSES INCORPORATED BY FULL TEXT 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) (a) Definition. As used in this provision-- "Internal confidentiality agreement or statement", "subcontract", and "subcontractor", are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). (End of provision) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (a) Definitions. As used in this clause-- "Internal confidentiality agreement or statement" means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency. "Subcontract" means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. "Subcontractor" means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor. (b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). (c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect. (d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts. (End of clause) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (a) Definitions. As used in this clause-- "Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments. "Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). "Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system. (End of clause) Addendum to FAR 52.212-4(c) Changes Text in paragraph (c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriations data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)). (End of Addendum) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items - Dev 2013-O0019 (JAN 2017) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (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) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (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). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xix) 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). (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) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)-- "Child, domestic partner, and domestic violence" have the meaning given in 29 CFR 13.2. "Employee"- (1) (i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706; and (A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8); (B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions; (C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and (ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (2) (i) An employee performs ''on'' a contract if the employee directly performs the specific services called for by the contract; and (ii) An employee performs ''in connection with'' a contract if the employee's work activities are necessary to the performance of a contract but are not the specific services called for by the contract. "Individual related by blood or affinity whose close association with the employee" is the equivalent of a family relationship has the meaning given in 29 CFR 13.2. "Multiemployer plan" means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer. "Paid sick leave" means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13. "Parent, sexual assault, spouse, and stalking" have the meaning given in 29 CFR 13.2. "United States" means the 50 States and the District of Columbia. (b) Executive Order 13706. (1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the E.O. (2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States. (c) Paid sick leave. The Contractor shall-- (1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked; (2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13; (3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract; (4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account; (5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and (6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR part 13, and this clause. (d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8). (e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR part 13, or this clause, including-- (1) Any pay and/or benefits denied or lost by reason of the violation; (2) Other actual monetary losses sustained as a direct result of the violation; and (3) Liquidated damages. (f) Payment suspension/contract termination/contractor debarment. (1) In the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause. (3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52. (g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13. (h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13. (i) Recordkeeping. (1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor: (i) Name, address, and social security number of each employee. (ii) The employee's occupation(s) or classification(s). (iii) The rate or rates of wages paid (including all pay and benefits provided). (iv) The number of daily and weekly hours worked. (v) Any deductions made. (vi) The total wages paid (including all pay and benefits provided) each pay period. (vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2). (viii) A copy of employees' requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests. (ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor's paid time off policy satisfies the requirements of E.O. 13706 and 29 CFR part 13 as described in 29 CFR 13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O. 13706). (x) A copy of any written responses to employees' requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3). (xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee. (xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave. (xiii) The relevant contract. (xiv) The regular pay and benefits provided to an employee for each use of paid sick leave. (xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4). (2) (i) If the Contractor wishes to distinguish between an employee's covered and noncovered work, the Contractor shall keep records or other proof reflecting such distinctions. Only if the Contractor adequately segregates the employee's time will time spent on noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if the Contractor adequately segregates the employee's time may the Contractor properly refuse an employee's request to use paid sick leave on the ground that the employee was scheduled to perform noncovered work during the time he or she asked to use paid sick leave. (ii) If the Contractor estimates covered hours worked by an employee who performs work in connection with contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(1)(i) or (iii), the Contractor shall keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the Contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. If the Contractor estimates the amount of time an employee spends performing in connection with contracts covered by the E.O., the Contractor shall permit the employee to use his or her paid sick leave during any work time for the Contractor. (3) In the event the Contractor is not obligated by the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, or the Fair Labor Standards Act to keep records of an employee's hours worked, such as because the employee is exempt from the Fair Labor Standards Act's minimum wage and overtime requirements, and the Contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the Contractor is excused from the requirement in paragraph (i)(1)(iv) of this clause and 29 CFR 13.25(a)(4) to keep records of the employee's number of daily and weekly hours worked. (4) (i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of E.O. 13706, whether of an employee or an employee's child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files. (ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents shall also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively. (iii) The Contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law. (5) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (6) Nothing in this contract clause limits or otherwise modifies the Contractor's recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, the Family and Medical Leave Act, E.O. 13658, their respective implementing regulations, or any other applicable law. (j) Interference/discrimination. (1) The Contractor shall not in any manner interfere with an employee's accrual or use of paid sick leave as required by E.O. 13706 or 29 CFR part 13. Interference includes, but is not limited to-- (i) Miscalculating the amount of paid sick leave an employee has accrued; (ii) Denying or unreasonably delaying a response to a proper request to use paid sick leave; (iii) Discouraging an employee from using paid sick leave; (iv) Reducing an employee's accrued paid sick leave by more than the amount of such leave used; (v) Transferring an employee to work on contracts not covered by the E.O. to prevent the accrual or use of paid sick leave; (vi) Disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave; or (vii) Making the use of paid sick leave contingent on the employee's finding a replacement worker or the fulfillment of the Contractor's operational needs. (2) The Contractor shall not discharge or in any other manner discriminate against any employee for-- (i) Using, or attempting to use, paid sick leave as provided for under E.O. 13706 and 29 CFR part 13; (ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under E.O. 13706 and 29 CFR part 13; (iii) Cooperating in any investigation or testifying in any proceeding under E.O. 13706 and 29 CFR part 13; or (iv) Informing any other person about his or her rights under E.O. 13706 and 29 CFR part 13. (k) Notice. The Contractor shall notify all employees performing work on or in connection with a contract covered by the E.O. of the paid sick leave requirements of E.O. 13706, 29 CFR part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any Web site that is maintained by the Contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment. (l) Disputes concerning labor standards. Disputes related to the application of E.O. 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 13. Disputes within the meaning of this contract clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the employees or their representatives. (m) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (m), in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. (End of clause) 52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (JUL 2014) (DEVIATION I - JUL 2014) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President's Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014. (a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour. (b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract. (c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment. (d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act). (e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts. (End of Clause) 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): http://farsite.hill.af.mil (End of Clause) 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) (a) Definition. "Covered DoD official" is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials. (b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2. (End of provision) 252.204-7011 ALTERNATIVE LINE ITEM STRUCTURE (SEP 2011) (a) Line items are the basic structural elements in a solicitation or contract that provide for the organization of contract requirements to facilitate pricing, delivery, inspection, acceptance and payment. Line items are organized into contract line items, subline items, and exhibit line items. Separate line items should be established to account for separate pricing, identification (see section 211.274 of the Defense Federal Acquisition Regulation Supplement), deliveries, or funding. The Government recognizes that the line item structure in this solicitation may not conform to every offeror's practices. Failure to correct these issues can result in difficulties in accounting for deliveries and processing payments. Therefore, offerors are invited to propose an alternative line item structure for items on which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract structure is economically and administratively advantageous to the Government and the Contractor. (b) If an alternative line item structure is proposed, the structure must be consistent with subpart 204.71 of the Defense Federal Acquisition Regulation Supplement and PGI 204.71. A sample line item structure and a proposed alternative structure are as follows: Solicitation: ITEM NO. SUPPLIES/SERVICE QUANTITY UNIT UNIT PRICE AMOUNT 0001 Computer, Desktop with CPU, Monitor, Keyboard and Mouse 20 EA Alternative line item structure offer where monitors are shipped separately: ITEM NO. SUPPLIES/SERVICE QUANTITY UNIT UNIT PRICE AMOUNT 0001 Computer, Desktop with CPU, Keyboard and Mouse 20 EA 0002 Monitor 20 EA (End of provision) 252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014) (a) Contract line item(s) [Contracting Officer insert after negotiations] is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause. (b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s). (c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly. (e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes." (f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause. (g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause. (h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342. (j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule: On execution of contract $ ________ (month) (day), (year) $ ________ (month) (day), (year) $ ________ (month) (day), (year) $ ________ (End of clause) 5352.201-9101 Ombudsman (Jun 2016) (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, James Anderson 8110 Industrial Drive, Ste 103 USAFA, CO 80840 Telephone number 719-333-2074 FAX 719-333-9018 email: james.anderson@us.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/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) ATTACHMENTS: Attachment 1 - Performance Work Statement Attachment 2 - Fiber Map USAFA Attachment 3 - USAFA Environmental Standards Attachment 4 - USAFA Erosion Control Revegetation Tree Care Standards
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