MOD | D | SAG II | 08-Jul-11

FBO DAILY ISSUE OF JULY 08, 2011 FBO #3513
MODIFICATION

D -- SAG II

Notice Date: 7/6/2011
Notice Type: Modification/Amendment
NAICS: 541519 — Other Computer Related Services
Contracting Office: Department of the Air Force, Air Combat Command, 55 CONS, 101 Washington Sq Bldg 40, Offutt AFB, Nebraska, 68113-2107, United States
ZIP Code: 68113-2107
Solicitation Number: F3HSE1SAG2OFFUTT
Archive Date: 10/3/2011
Point of Contact: Michael J. Breault, Phone: 4022949811, Jeffrey A Kasza, Phone: 402-294-8940
E-Mail Address: michael.breault@offutt.af.mil, jeffrey.kasza@offutt.af.mil
(michael.breault@offutt.af.mil, jeffrey.kasza@offutt.af.mil)
Small Business Set-Aside: Total Small Business
Description: The purpose of this amendment is to correct verbiage in paragrpah 2 page 1. The first sentence is changed FROM: GSA and Non-GSA pricing is acceptable; TO: GSA or Non-GSA pricing is acceptable The purpose of this amendment is to correct the Offers Due Date and Solicitation Number indicated in section LOCAL-BZ (Oct 2009) Bullet C. (CCR REGISTRATION) last paragraph. The Offers Due Date should read 1600hrs Central Standard Time 2 August 2011 and the Solicitation Number should read F3HSE1SAG2OFFUTT. This is a small business set-aside combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice and will be evaluated using Lowest Price Technically Acceptable procedures. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number F3HSE11103A001 is issued as a request for quotation. Quote must be good for 90 days after the closing post date. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-50. The North American Industry Classification System (NAICS) code is 541519. The business size standard is $25.0 million. This constitutes the only solicitation, proposals are being requested and a separate written solicitation will not be issued. GSA or Non-GSA pricing is acceptable. If the Offeror utilizies GSA pricing, the Government is requesting a discount from the published prices. At a minimum please include the following information within the Quote you submit in response to this Request for Quote (RFQ): 1. Company Name 8. E-Mail Address 2. Street Address/PO Box Number 9. DUNS Number 3. City/State/Zip 10. CAGE Code 4. Web Site 11. Federal Tax ID Number 5. Point of Contact 12. GSA Contract Number & Expiration Date 6. Phone Number 13. "Remit to" Address 7. Fax Number 14. Company Size (Large, Small, 8a, SDB, Emerging Small Business, HUBZone, Veteran Owned, Woman Owned) ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 SAG SERVICE SUPPORT 1 YR JOB tiny_mce_marker_________ tiny_mce_marker__________ Base Period 30 Sep 11 - 29 Sep 12 Firm Fixed Price 1001 SAG SERVICE SUPPORT 1 YR JOB tiny_mce_marker_________ tiny_mce_marker__________ Option Period One 30 Sep 12 - 29 Sep 13 Firm Fixed Price 2001 SAG SERVICE SUPPORT 1 YR JOB tiny_mce_marker_________ tiny_mce_marker__________ Option Period Two 30 Sep 13 - 29 Sep 14 Firm Fixed Price 3001 SAG SERVICE SUPPORT 1 YR JOB tiny_mce_marker_________ tiny_mce_marker__________ Option Period Three 30 Sep 14 - 29 Sep 15 Firm Fixed Price 4001 SAG SERVICE SUPPORT 1 YR JOB tiny_mce_marker_________ tiny_mce_marker__________ Option Period Four 30 Sep 15 - 29 Sep 16 Firm Fixed Price 5001 SAG SERVICE SUPPORT 6 MO JOB tiny_mce_marker_________ tiny_mce_marker__________ Six Month Extension of Service 30 Sep 16 -31 Mar 17 GRAND TOTAL tiny_mce_marker__________ IMPORTANT INFORMATION CLAUSES INCORPORATED BY REFERENCE 52.212-1 Instructions to Offerors-Commercial Items JUN 2008 52.212-4 Contract Terms and Conditions--Commercial Items JUN 2010 52.217-5 Evaluation Of Options JUL 1990 52.222-54 52.223-18 Employment Eligibility Verification Contractor Policy to Ban Texting Messaging While Driving JAN 2009 SEP 2010 52.232-18 Availability Of Funds APR 1984 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.209-7004 Subcontracting With Firms That Are Owned or Controlled by The Government of a Terrorist Country DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 CLAUSES INCORPORATED BY FULL TEXT ADDENDUM TO 52.212-1 Instructions to Offerors - Commercial Items 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 90 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 cost information 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 information other than cost or pricing data to support a determination of price reasonableness. C. Specific Instructions: 1. PART I - PRICE PROPOSAL - Submit original and one (1) copy a. By submitting a price and technical proposal, the offeror accedes to the contract terms and conditions as written in the SOLICITATION, with attachments. b. Insert proposed unit and extended prices in the Pricing Schedule. The proposal(s) must be submitted for a base year plus four (4) Option Years and the six-month Extension of Services (FAR Clause 52.217-8). 2. PART II - TECHNICAL PROPOSAL - Submit original and one (1) copy-The Technical Proposal shall not exceed five (5) pages. All Technical Factors and Sub-Factors will be evaluated on a pass/fail basis, assigning ratings of Acceptable or Unacceptable. By your proposal submission you are representing that your firm will perform all the requirements specified in the RFP. Submit your technical proposal addressing the following: a. Program Management (Subfactor 1, Acceptable/Unacceptable). The Offeror shall provide a program management plan outlining their approach, including the following: (1) The offeror shall propose a staffing approach that adequately provides qualified personnel resources, retention of personnel, organizational structure, and experience necessary to manage contract support to include any subcontracting and teaming arrangements. Supporting DoD senior executives/flag officers and the understanding of the organization, structure, and relationships of senior levels of the Government and Unified Command/USSTRATCOM roles and responsibilities. Ability to ensure to ensure there is no disruption of services at contract start. (2) The offeror shall demonstrate the ability to provide a staff with all necessary security clearances and technically certified personnel IAW PWS 1.4.9-1.4.10 to assure task coverage and performance. The contractor shall provide qualification statements for the verification of proposed personnel skill sets. b. Technical Expertise and Approach. (Subfactor 2, Acceptable/Unacceptable) (1) The offeror shall demonstrate an offeror's understanding, expertise and experience in: (a) Providing effective technical and creative support to briefing development using leading edge graphics and animation techniques/technologies based upon verbal concepts and/or rough sketches. Build and update briefings for Command and designated staff. Identify workload quantities and develop, build, maintain and update SAG administrative materials. (b) Providing technical presentation conference room support to both on and off site locations. (c) Providing timely technical recommendations and assistance to IT hardware and software problems. (d) Experience and knowledge updating web documents on unclassified, classified and releasable websites to include Microsoft SharePoint website software. (e) Maintaining archives in accordance with the Federal Advisory Committee Act. (f) Ability to support Video Teleconferencing requirements to include VTCs are configured, displayed, and terminated correctly and in accordance with DISN Video Services standards. General Information INFORMATION REGARDING SUBMISSION OF PROPOSAL: Proposals are due by1600 hrs Central Standard Times, 2 August 2011. Proposals can either be sent or hand carried to the 55th Contracting Squadron Office, 101 Washington Square, Building 40, Offutt AFB, NE 68113, or sent via e-mail to michael.breault@offutt.af.mil and jeffrey.kasza@offutt.af.mil. The sealed envelope or package used to submit your proposal must show the time and date specified for receipt, the Solicitation Number, and the name and address of the offeror. Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal and (for paper copies) will not be returned to the offeror. Excess pages shall be destroyed along with all unsuccessful proposals (see paragraph 2.1.5). Page limitations may also be placed on responses to Evaluation Notices (ENs). The page limitations for ENs, if any, will be identified in the correspondence forwarding the ENs to the offerors. When both sides of a sheet of paper display printed material, it shall be counted as two pages. Each page shall be counted except cover pages, tables of contents, cross reference matrix, tabs, and glossaries. Page size shall be 8.5 x 11 inches, not including foldouts. Pages shall be single-spaced. Except for the reproduced sections of the solicitation document, the text size shall be no less than 10 point. Use at least 1-inch margins on all sides of each page. Pages shall be numbered sequentially by volume. Page limitations apply to electronic proposals, as well; see also section 2.4. If there are discrepancies in page counts between paper and electronic volumes, the paper version shall take precedence (e.g., if the paper version of a volume is 51 pages, and the electronic version of the same volume is 48 pages, the Government will treat the volume as having 51 pages). Legible tables, charts, graphs and figures should be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays should be uncomplicated, legible and shall not exceed 11 by 17 inches in size. Foldout pages shall fold entirely within the volume, and count as two pages. Foldout pages may only be used for large tables, charts, graphs, diagrams and schematics, and not for pages of text. For tables, charts, graphs and figures, the text shall be no smaller than 8 point. These limitations shall apply to both electronic and paper proposals. Offerors are cautioned that Offutt AFB, NE 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. Offerors should allow sufficient time to obtain a visitor pass and arrive at the Contracting Office 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." (End of provision) THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY REFERENCE. 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (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 Government will utilize Lowest Price Technically Acceptable procedures. The following factors shall be used to evaluate offers: (i) Price (ii) Mission Capability/Technical (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) 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. ADDENDUM TO FAR 52.212-2: Basis for Contract Award This is a competitive selection in which competing offerors technical proposal and price will be evaluated. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices and performance records. The evaluation process shall proceed as follows: (a). Initially offers shall be ranked according to price, including option period 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. Copies of the Pricing Schedule will be necessary in order to submit a proposal for the Base Period and each Option Period. (b). Price 1. All technically acceptable proposals will be evaluated for reasonableness and affordability. 2. The Government will evaluate offers for award purposes by adding the total price for the base period and all options (including the six month extension of services) to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). 3. The Offeror's proposal shall represent the Offeror's best efforts to respond to the solicitation. (c). Technical Proposal 1. Program Management (FACTOR 1, Acceptable/Non-Acceptable). The government technical evaluation team shall evaluate the technical proposals on a pass/fail basis, assigning ratings of Acceptable or Unacceptable for each sub-factor under the Technical Factor. An Offeror must be acceptable in all sub-factors in order to be rated technically acceptable for award. The proposals shall be evaluated against the following sub-factor criteria: a. Program Management (Sub-factor 1, Acceptable/Unacceptable). An acceptable proposal shall demonstrate a program management plan that has an understanding of and sound approach including: (i) A staffing approach that adequately provides qualified personnel resources, retention of personnel, organizational structure, and experience necessary to manage contract support to include any subcontracting and teaming arrangements. Supporting DoD senior executives/flag officers and the understanding of the organization, structure, and relationships of senior levels of the Government and Unified Command/USSTRATCOM roles and responsibilities. Ability to ensure to ensure there is no disruption of services at contract start. (ii) Demonstrates ability to provide a technically qualified and cleared staff IAW PWS 1.4.9-1.4.10 to ensure proficient performance in the following areas: (a) Must possess formal education in Graphics Arts to support "from-scratch" development of executive level, commercial quality printed and presentation materials for senior executives in government and commercial leadership positions. The contractor must possess experience in working directly with senior executives in government and commercial leadership positions developing finish quality presentations from attendance at meetings or handwritten notes. (b) Must possess formal certification as a MCSE or relevant MCIPT to support the collaboration and technology requirements of committees and staff in a broad spectrum of IT intensive graphic and desktop publishing environments, presentation platforms, and standalone and networked workstations used by SAG membership and in SAG forums at government and commercial locations. (c) Must possess formal training and experience in technical drafting and 2 or more years' experience in technical drawing to produce accurate and complex renderings of systems and information from a combination of verbal instructions and technical specifications. (d) Must have completed Defense Information System Agency (DISA) Level 1 and Level 2 training, and be certified by DISA to schedule and operate Video Teleconferences (VTCs) on DISA's Defense Information System Network Video Services (DVS) Networks. 3 years or more experience as a DISN VTC facilitator/coordinator required. (e) Must possess 2 or more years' experience in commercial print layout and support in order to provide professional consultation and services for plenary staff and SAG committees, their distinguished guests, and the high visibility of their products. (f) Must possess 10 or more years military Wing/MAJCOM/COCOM-level experience with significant breadth and depth of military background to demonstrate a complete understanding of the systems, missions, personnel, and capabilities of a broad spectrum of military weapons, vehicles, and organizations in order to accurately research and identify supporting images relevant to discussion of military topics of interest. (g) The individual(s) assigned to this task must hold at contract award a minimum of a Top Secret/NC2 security clearance with SCI access. This requires a Top Secret-Special Background Investigation (TS-SBI). Contractor personnel are also required to have access to CNWDI, NATO and SCI information. (d). Technical Expertise and Approach. (Subfactor 2, Acceptable/Non-Acceptable). An acceptable proposal shall: (1) Demonstrate offeror's understanding, experience and ability to: (a) Provide effective technical and creative support to briefing development using leading edge graphics and animation techniques/technologies based upon verbal concepts and/or rough sketches. Build and update briefings for Command and designated staff. Identify workload quantities and develop, build, maintain and update SAG administrative materials. (b) Provide technical presentation conference room support to both on and off site locations. (c) Provide timely technical recommendations and assistance to IT hardware and software problems. (d) update web documents on unclassified, classified and releasable websites to include Microsoft SharePoint website software. (e) Maintain archives in accordance with the Federal Advisory Committee Act. (f) Support of Video Teleconferencing requirements to include VTCs are configured, displayed, and terminated correctly and in accordance with DISN Video Services standards. (e). The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest. (End of provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2011) ALTERNATE I (APR 2011) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision. (a). Definitions. As used in this provision: "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Service-disabled veteran-owned small business concern-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, which are independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. Veteran-owned small business concern means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned small business concern" means a small business concern-- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or (2) Whose management and daily business operations are controlled by one or more women. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women. (b). Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (1) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------. (Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c). Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern. (2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern. *Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-- (i) It * is, * is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It * is, * is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture:]. Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-- (i) It * is, * is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It * is, * is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(ii) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: ____________. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-ownedbusiness concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: (10) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.) (i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business. (ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows: (A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Average Annual Number of Employees Gross Revenues ___ 50 or fewer ___ $1 million or less ___ 51 - 100 ___ $1,000,001 - $2 million ___ 101 - 250 ___ $2,000,001 - $3.5 million ___ 251 - 500 ___ $3,500,001 - $5 million ___ 501 - 750 ___ $5,000,001 - $10 million ___ 751 - 1,000 ___ $10,000,001 - $17 million ___ Over 1,000 ___ Over $17 million (11) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.) (i) General. The offeror represents that either-- (A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.) (12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) (The offeror shall check the category in which its ownership falls): ____Black American. ____Hispanic American. ____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____Individual/concern, other than one of the preceding. Certifications and representations required to implement provisions of Executive Order 11246-- (1) Previous Contracts and Compliance. The offeror represents that-- (i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and (ii) It ( ) has, ( ) has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-- (i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or (ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (iii) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (iv) Buy American Act--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--Supplies, is included in this solicitation.) (3) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Supplies." (4) Foreign End Products: Line Item No.:--------------------------------------------------------- Country of Origin:----------------------------------------------------- [List as necessary] (5) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (i) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. -------------------- -------------------- -------------------- [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) ( ) Are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and (2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) ( ) Are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ballot] Have, [ballot] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).) (1) Listed End Product Listed End Product • Listed Countries of Origin: • • • • • • (2) Certification. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) ( )In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( ) Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.) ( ) (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ) does ( ) does not certify that-- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. ( ) (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ) does ( ) does not certify that-- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies-- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (2) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (3) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). ( ) TIN: --------------------. ( ) TIN has been applied for. ( ) TIN is not required because: ( ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ( ) Offeror is an agency or instrumentality of a foreign government; ( ) Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. ( ) Sole proprietorship; ( ) Partnership; ( ) Corporate entity (not tax-exempt); ( ) Corporate entity (tax-exempt); ( ) Government entity (Federal, State, or local); ( ) Foreign government; ( ) International organization per 26 CFR 1.6049-4; ( ) Other ----------. (5) Common parent. ( ) Offeror is not owned or controlled by a common parent; ( ) Name and TIN of common parent: Name --------------------. TIN --------------------. (l) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (m) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2011) (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: 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) _x__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). _X_ (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). _X_ (12) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)). _X_ (20) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)). _X_ (21) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). _X_ (22) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126). _X_ (23) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). _X_ (24) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). _X_ (25) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). _X_ (26) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). _x__ (28) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). _X ___ (27) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). _x__ (29) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) _x__ (33) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513). _X_ (37) 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). _X_ (42) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). (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.) (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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) Reserved. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (ix) 52.222-54, Employment Eligibility Verification (JAN2009). (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) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of contract expiration. (End of clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days of contract expiration, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months. (End of clause) 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2011) - ALTERNATE I (APR 2011) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541519. (2) The small business size standard is $25.0 million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern. (2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern. (4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that-- (i) It * is, * is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It * is, * is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: ----.] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation. (5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that-- (i) It * is, * is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It * is, * is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: ------------------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern. (7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern. (8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________). Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (9) (Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.) The offeror shall check the category in which its ownership falls: ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. (c) Definitions. As used in this provision-- Service-disabled veteran-owned small business concern-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern," means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. Veteran-owned small business concern means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned small business concern," means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; or (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision) 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) The offeror represents that-- (a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (End of provision) 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) The offeror represents that -- (a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; (b) ( ) It has, ( ) has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Mr. Jeffrey Kasza 101 Washington Square, Bldg 40 Offutt AFB, NE 68113 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/farsites.html (End of provision) 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/farsites.html (End of clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAR 2011) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. _x__ 52.203-3, Gratuites (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (19) _x___ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). (22) _x___ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). (25)(i) _x___ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 5352.201-9101 OMBUDSMAN (10 AUG 2005) (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 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 OMBC A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, Mr. Eric Thaxton 129 Andrews Street Langley AFB, VA 23665, Phone Number: (757)764-5372, Fax Number:(757)764-4400, Email Address: eric.thaxton@langley.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned 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 (703) 588-7004, facsimile number (703) 588-1067. (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) 5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP SECURITY AGREEMENTS (APR 2003) This contract contains a DD Form 254, DOD Contract Security Classification Specification, and requires performance at a government location in the U.S. or overseas. Prior to beginning operations involving classified information on an installation identified on the DD Form 254, the contractor shall take the following actions: (a) At least thirty days prior to beginning operations, notify the security police activity shown in the distribution block of the DD Form 254 as to: (1) The name, address, and telephone number of this contract company's representative and designated alternate in the U.S. or overseas area, as appropriate; (2) The contract number and military contracting command; (3) The highest classification category of defense information to which contractor employees will have access; (4) The Air Force installations in the U.S. (in overseas areas, identify only the APO number(s)) where the contract work will be performed; (5) The date contractor operations will begin on base in the U.S. or in the overseas area; (6) The estimated completion date of operations on base in the U.S. or in the overseas area; and (7) Any changes to information previously provided under this clause. This requirement is in addition to visit request procedures contained in DOD 5220.22-M, National Industrial Security Program Operating Manual. (b) Prior to beginning operations involving classified information on an installation identified on the DD Form 254 where the contractor is not required to have a facility security clearance, the contractor shall enter into a Visitor Group Security Agreement (or understanding) with the installation commander to ensure that the contractor's security procedures are properly integrated with those of the installation. As a minimum, the agreement shall identify the security actions that will be performed: (1) By the installation for the contractor, such as providing storage and classified reproduction facilities, guard services, security forms, security inspections under DOD 5220.22-M, classified mail services, security badges, visitor control, and investigating security incidents; and (2) Jointly by the contractor and the installation, such as packaging and addressing classified transmittals, security checks, internal security controls, and implementing emergency procedures to protect classified material. (End of clause) 5352.215-9000 FACILITY CLEARANCE (MAY 1996) The offeror must possess, or acquire prior to award of a contract, a facility clearance equal to the highest classification stated on the Contract Security Classification Specification (DD Form 254) attached to this solicitation. 5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUN 1997) (a) In performing work under this contract on a Government installation, the contractor shall: (1) Comply with the specific health and safety requirements established by this contract; (2) Comply with the health and safety rules of the Government installation that concern related activities not directly addressed in this contract; (3) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and (4) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes. (b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health Standards (AFOSH) and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract. (c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract. 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUN 2002) (a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. (b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional requirements to comply with local security procedures] to obtain a vehicle pass. (c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, as applicable. (e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. (f) Failure to comply with these requirements may result in withholding of final payment. (End of clause) 5352.242-9001 COMMON ACCESS CARDS (CACs) FOR CONTRACTOR PERSONNEL (AUG 2004) (a) For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel who meet one or both of the following criteria: (1) Require logical access to Department of Defense computer networks and systems in either: (i) the unclassified environment; or (ii) the classified environment where authorized by governing security directives. (2) Perform work which requires the use of a CAC for installation entry control or physical access to facilities and buildings. (b) Contractors and their personnel shall use the following procedures to obtain CACs: (1) Contractors shall provide a listing of personnel authorized a CAC to the contracting officer. The contracting officer will provide a copy of the listing to the government representative in the local organization designated to authorize issuance of contractor CACs (i.e., "authorizing official"). (2) Contractor personnel on the listing shall each complete and submit a DD Form 1172-2 or other authorized DoD electronic form to the authorizing official. The authorizing official will verify the applicant's name against the contractor's listing and return the DD Form 1172-2 to the contractor personnel. (3) Contractor personnel will proceed to the nearest CAC issuance workstation (usually the local Military Personnel Flight (MPF) with the DD Form 1172-2 and appropriate documentation to support their identification and/or citizenship. The CAC issuance workstation will then issue the CAC. (c) While visiting or performing work on installation(s)/location(s), contractor personnel shall wear or prominently display the CAC as required by the governing local policy. (d) During the performance period of the contract, the contractor shall: (1) Within 7 working days of any changes to the listing of the contract personnel authorized a CAC, provide an updated listing to the contracting officer who will provide the updated listing to the authorizing official; (2) Return CACs in accordance with local policy/directives within 7 working days of a change in status for contractor personnel who no longer require logical or physical access; (3) Return CACs in accordance with local policy/directives within 7 working days following a CACs expiration date; and (4) Report lost or stolen CACs in accordance with local policy/directives. (e) Within 7 working days following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the issuing office or the location specified by local policy/directives. (f) Failure to comply with these requirements may result in withholding of final payment. (End of clause) LOCAL-BZ (Oct 2009) A. INVOICE SUBMISSION AND PAYMENT ELECTRONIC SUBMISSION OF INVOICES AND RECEIVING REPORTS IS MANDATORY in accordance with DFARS 252.232-7003 1. ELECTRONIC SUBMISSION VIA WIDE AREA WORKFLOW (WAWF): Contractors must register and begin submitting electronic invoices immediately through the Wide Area Workflow Receipt and Acceptance Internet site: https://wawf.eb.mil/. On line training is available at http://www.wawftraining.com unless unable to do so. Use the following data elements to invoice for services or supplies procured via this contract. The award document number is located in the lower right-hand corner. Invoice Type: Invoice and Receiving Report: Combo Description SF1449 DD1155 Located in Block Contract Number 2 1 Delivery Order 4 2 Cage Code 17a 9 Paying Office 18a 15 Inspection See Schedule: INSPECTION AND ACCEPTANCE Acceptance See Schedule: INSPECTION AND ACCEPTANCE Issue Date 3 3 Issue By DoDAAC 9 6 Admin DoDAAC 16 7 Ship to Code 16 7 Ship to Code Extension 15 14 Services or Supplies Based on majority of requirement as determined by monetary value Shipment Number Contractor Shipment Number, Invoice Number (supplies) or period of performance (service). Limitation: 13 characters Final Invoice? Changing "N" (no) to "Y" (yes) will terminate your ability to invoice against this contract and deobligate remaining funds. Change "N" to "Y" for the final invoice ONLY. Send Additional Email Notification To: Finance: sudduthb@stratcom.mil 2. PAYMENT WILL BE MADE BY: Defense Finance and Accounting Service DFAS-FVB/LI 27 Arkansas Road Limestone, ME 04751-1500 Contact DFAS-FVB/LI to check payment status at (800) 390-5620 or (207) 328-5620 or via website www.dfas.mil: (Commercial Pay, then Vendor Pay Inquiry System (VPIS), then Non-MOCAS System: then Query by Contract Number, EFT Trace Number, DUNS Number or Cage Code). B. CHANGES TO THIS CONTRACT/PURCHASE ORDER/DELIVERY ORDER The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the Contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. Contractual problems, of any nature, which might occur during the life of the contract must be handled in conformance with public laws and regulations and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the Contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO. Any request for contract changes/modification shall be submitted to the CO. C. CCR REGISTRATION Invoice payment cannot be made if a contractor's Central Contractor Registration (CCR) is inactive. Invoices received from a contractor who fails to maintain active CCR registration are considered to be improper and may be returned. The contractor is responsible to maintain active CCR registration until final payment has been made. CCR registration must be updated and renewed annually. A 100% Base Pass check is required for all contractors (even if a passenger in an authorized vehicle) and contract vehicles entering the installation. Contractors are not authorized to bring guests or other contract employees onto the installation unless those individuals are personally in possession of a base pass or Government Identification card. (End of Clause) Offers are due by 1600 hrs Central Standard Time, 2 August 2011. Quotes must be valid for 90 calendar days after the closing post date. Quotes shall be submitted via email to: Michael.Breault@offutt.af.mil or Jeffrey.kasza@offutt.af.mil; please type the solicitation number F3HSE1SAG2OFFUTT in the Subject Line. Contractors are solely responsible to confirm receipt of their responses. Address any questions to Michael Breault at (402) 294-9811 or Jeff Kasza at (402) 294-4098. 2. CONTRACTING OFFICER'S REPRESENTATIVE The Contracting Officer will designate the Contracting Officer Representative (COR) who will be responsible for technical assistance to the Contracting Officer in administration of this task order. Duties will involve quality control and inspection/surveillance reporting. The COR's will maintain performance records. When deficiencies are recorded by the COR or Alternate COR, the Contractor (or the authorized representative) will acknowledge deficiency notification by placing his/her initials on the performance records. 3. THE FOLLOWING LEGAL HOLIDAYS ARE OBSERVED: *New Years Day 1 January Martin Luther King's Birthday Third Monday in January President's 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 *Holidays that fall on Saturday are observed on Friday and holidays that fall on Sunday are observed on Monday. INSPECTION & ACCEPTANCE TERMS QUALITY ASSURANCE: (IAW FAR 46.401(b) and 46.503) a. The Government will designate, in writing, a Program Manager (PM) within USSTRATCOM who will be the focal point for all requirements specified under this task order. b. Inspection and acceptance, of all items, shall be approved by the PM or the designated alternate. (The Contractor Data Requirements List (CDRL) shows deliverables). The PM will ensure that deliverables due from the Contractor are received prior to payment. This clause does not authorize anyone other than the Contracting Officer to commit the Government to changes in the terms of the task order. c. The Contracting Officer's Representative (COR) will provide technical assistance to the Contracting Officer in administration of this contract. Duties will involve quality control, inspection/surveillance, and certification of contractor performance. d. The COR will conduct an inspection of the Contractor using the Performance Assessment Report (PAR), PWS and Services Summary for subject contract. In the event the COR finds that the Contractor is not performing in accordance with the contract, the COR will contact the Contractor's Manager (or on-site representative) and inform them by providing information as to the deficiency using the PAR. e. At a minimum, the COR will submit to the Contract Administrator, a PAR on a quarterly period for the contract. When deficiencies in the PAR are identified, the Contract Administrator will submit this form to the Contractor. The Contractor shall enter corrective action taken or to be taken to correct such deficiencies in Part III of the PAR. In addition, the Contractor shall state what measures were taken or shall be taken to prevent recurrence. Quality checks by the Government do not relieve the Contractor from establishing their own quality assurance procedures (Reference Clause FAR 52.246-4). If a customer has a complaint, they will complete a Customer Complaint Record (CCR) form, which will be validated by the COR. The contractor will respond using a Corrective Action Report (CAR). CONTRACTING OFFICER'S REPRESENTATIVE: The Contracting Officer will designate the COR who will be responsible for technical assistance to the Contracting Officer in administration of the contract. Duties will involve quality control and inspection/surveillance reporting and quarterly or semiannual certification of Contractor performance using the PAR. The CORs will maintain performance records. When deficiencies are recorded by the COR or Alternate COR, the Contractor (or the authorized representative) will acknowledge deficiency notification by completion of Part III of the PAR performance records. QUALITY CONTROL: Appointed COR from USSTRATCOM will participate in the administration of this contract. Duties will involve quality assurance, inspection/surveillance, review of metrics or other performance measures, and certification of Contractor performance. Designation of CORs does not include authority to direct and/or authorize the Contractor to make changes in the scope or terms of the contract without the written authority of the Contracting Officer. The Contractor will be notified by the Contracting Officer of the name, duties, and limitations of the COR. CONTRACTOR QUALITY CONTROL PLAN: The contractor shall develop and maintain a quality program to ensure services are performed in accordance with commonly accepted practices. At a minimum, the contractor shall develop quality control procedures that address the areas identified in the PWS, section 10, Services Summary. The contractor's quality control plan shall be submitted to the Government within 30 days of contract award. DD FORM 1423, DATA INSPECTION AND ACCEPTANCE: (IAW FAR 46.401(b) and 46.503) a. The inspection and acceptance for data items are as shown on the CDRLs, DD Form 1423, Exhibit A. All deliverable data under the contract will be specified on a DD 1423, CDRL, attached to the order. The Program Management Plan, CDRL A001is a mandatory submission. Government users may add others, as required, to the contract. b. Payments may be withheld under the contract for failure to provide data requirements identified in the CDRL. ADDENDUM CLAUSES **CLAUSES INCORPORATED BY REFERENCE (FEB 1998)(FAR 52.252-2) 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. 1. REQUIRED INSURANCE (Ref FAR 52.228-5) A. Reference FAR clause entitled "Insurance..." the Contractor shall, at their own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under this contract. (1) Workmen's Compensation and Employers Liability Insurance as required by law except that if this purchase order is not be performed in a state which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workmen's Compensation Insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000. (2) General Liability Insurance. Bodily injury liability insurance in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy. (3) Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required. 2. CONTRACT TYPE: This is a Firm Fixed Price Purchase Order. 3. BASE ENTRY A. The Contractor shall be required to contact the PM/TM to obtain the necessary base entry procedures. B. All personal vehicles of contractor employees will require liability insurance to the levels established by the State of Nebraska. Contractor personnel will comply with all safety and security regulations while on base to include reporting problems to the Contracting Officer and/or Security Police Desk. All contractors on-base, are required to follow the base vehicle regulations, e.g., speed, seat belt requirements and other normal safety-related functions. Contractors are reminded that no weapons are allowed on base. Copies of the regulations will be available to the Contractor at the Air Force installation. 4. COMSEC NOTICE: All communications with DoD organizations are subject to communications security (COMSEC) review. Contractor personnel will be aware that telecommunications networks are continually subject to intercept by unfriendly intelligence organizations. The DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, civilian contractor personnel are advised that any time they place a call to, or receive a call from, an USAF organization, they are subject to COMSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DoD information. 5. USE OF TOBACCO IN DOD FACILITIES: Contractors are advised that the Department of Defense has banned smoking and the use of smokeless tobacco in Government facilities. Contractor employees and visitors are subject to the same restrictions as are Government personnel. Smoking and the use of smokeless tobacco are only permitted outdoors in designated areas. 6. ASSOCIATE CONTRACTOR RELATIONSHIP PROVISION: In performance of its responsibilities for the Strategic Command Program and Technical Support as described elsewhere in this contract, the Contractor shall enter into agreements with other contractors (hereinafter called "associate contractors (ASCONs)", to facilitate timely exchanges of information necessary to the performance of this contract. Accordingly: A. The Contractor shall execute written agreements with companies, individuals, and organizations identified by the Government as ASCONs. The agreements shall provide for the timely, free, and direct exchange of information and data necessary to the performance of this PO and shall be structured to ensure effective communication between counterparts at all levels from senior corporate management to working engineers. The agreements shall include the provision that any proprietary information furnished by an ASCON pursuant to the work under this PO will be protected from unauthorized release or disclosure beyond the scope of the agreements. Further, the agreements shall hold the Government harmless from liability for the unauthorized disclosure by the Contractor of ASCON proprietary information. B. If the Contractor requires technical information from an ASCON, the Contractor shall request and obtain any and all such information directly from the ASCON, pursuant to the written agreement with the Contractor. C. The Contractor shall freely and directly exchange technical information and data on the performance of its efforts. The Government may conduct meetings to facilitate the exchange of technical information and data between and among ASCONs and other Government personnel. The Contractor shall participate in such meetings, and provide program technical information and data. In the event of a disagreement as to what constitutes a permissible exchange of information or data under agreements, the matter shall be brought to the attention of the Contracting Officer for resolution. 7. CONTRACTOR PERFORMANCE IN SUPPORT OF WARTIME CONTINGENCY OPERATIONS A. The contractor shall be responsible for performing all or any specifically designated portions of the functions accomplished under this PO during any wartime operations. Wartime operations are those actions, including contingency planning, which would be required to support current or any future United States Air Force wartime requirement. Contractor personnel will be advised of those functions, which will be continued during wartime-related contingencies through their involvement in the contingency planning process. B. The contractor further agrees to: (1) Assure that formal company policies and procedures effectively address the obligations in this clause, and that all employees associated with this PO are fully aware of those specific policies, procedures and obligations. (2) Obtain from each employee engaged in any wartime effort connected with performance of this PO a written agreement which states that such employee agrees to the obligations imposed by this clause. (3) Provide copies of any and all employment agreements to the Government upon request. C. Notwithstanding any other provision of this PO, the contractor agrees that, in the event of the occurrence of any wartime-related contingency, the Government shall have the unilateral right to extend performance of this PO as long as the wartime contingencies exist. PO payment will be the existing rate and equitable adjustment as specified in the succeeding paragraph. D. The United States Government recognizes that PO costs may increase or decrease as a result of this commitment and herein agrees to negotiate an equitable settlement when any such contingency arises and if such action is otherwise appropriate. 8. CONTRACTOR REIMBURSEMENT FOR EMPLOYEE TRAVEL EXPENSES FOR TEMPORARY DUTY Contractor employees may have occasion under this contract to travel from their regular duty locations to a temporary duty location. Payment shall be made as follows: A. Transportation, per diem, and lodging expenses required in the performance of temporary duty shall be reimbursed to the Contractor in accordance with the Federal Acquisition Regulations (FAR) 31.205-46. Travel expenses shall be reimbursed under the ODCs & Travel Contract Line Item in Section B of the contract. Reimbursement for travel shall be limited to those expenses specifically authorized by the above-referenced regulations. When commercial air travel is authorized, the Contractor shall utilize coach, tourist, or similar accommodations. B. The Contractor shall be paid a per diem allowance for each day an employee is required to remain away overnight from his/her normal duty station while on official temporary duty status. Payment of per diem allowance and related rates shall be in accordance with the current Join Travel Regulation (JTR). When Government quarters are available, the Contractor employee shall use them. C. The Contractor shall be reimbursed for travel and per diem expenses in accordance with the regulations cited above, not to exceed amounts allowable under the JTR, but excluding overhead and profit. Payment shall be made directly to the Contractor on a cost-reimbursable basis, upon submission of proper invoices and supporting documentation. 9. CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (MAY 1996) (AFFARS 5352.242-9000) A. The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. B. The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass. C. During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. D. When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-209, the Air Force Resource Protection Program, and AFI 31-501, Personnel Security Program Management, as applicable. E. Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. F. Prior to submitting an invoice for final payment, the prime contractor shall obtain a clearance certification from the issuing office which states all base identification passes have been turned in, accounted for, or transferred to a follow-on contract. This certification shall be submitted to the contracting officer prior to submission of the final invoice for payment. G. Failure to comply with these requirements may result in withholding of final payment. 10. PLACE OF PERFORMANCE (IAW FAR 11.401(a)) The primary place of performance under this contract is the USSTRATCOM, Offutt AFB NE. 11. BASE ENTRY The contractor shall be required to contact the COR to obtain the necessary base entry procedures. All personal vehicles will require liability insurance to the levels established by the state of Nebraska. Contractor personnel shall comply with all safety and security regulations while on base to include reporting problems to the Contracting Officer and Security Desk. Copies of these regulations will be available to the contractor at the Air Force installation. 12. COMPLIANCE WITH APPLICABLE STATE AND FEDERAL REQUIREMENTS This contract is subject to all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and state (or other public authority). The Contractor shall observe and comply with all applicable state and federal requirements as to Social Security, Workmen's Compensation and employment, and any other matter concerning employment applicable to contract performance. The Contractor shall also abide by and comply with such rules and regulations, directions, or orders, not inconsistent herewith, as may from time to time be issued by the Government. 13. CONTRACTOR PERSONNEL ADMINISTRATION When Contractor personnel are working on a Government installation: A. It is the Contractor's responsibility to supervise the techniques used by all personnel assigned to this contract, and to inform personnel of all improvements, changes, and methods of operation to be employed. B. The Contractor shall have the right to replace, transfer or substitute personnel. Contractor personnel replacement shall be accomplished without causing delays in the performance of this contract. Any replacement personnel must meet the contract requirements, be able to comply with all security requirements, and replacement must be at no additional cost to the Government. The Contracting Officer shall be notified of any key personnel change in writing prior to such change. Contractor is required to find a qualified replacement. C. The Contractor shall ensure that personnel are not placed in a position: (1) Where they appear to be appointed or employed by Government personnel, or are under the supervision, direction, or evaluation of Government personnel. (2) Of command, supervision, administration or control over military or civilian personnel, employees of other Contractors on other contracts, or become part of a Government organization. (3) To establish requisitioning objectives, station stock lists, or direct supply channels to a manufacturer, or otherwise circumvent established Department of the Air Force supply channels. D. The services performed under this contract do not require the Contractor or the Contractor's employees to exercise personal judgment and discretion on behalf of the Government, but rather the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor. E. Rules, regulations, direction, and requirements issued by command authorities under their responsibility for good order, administration, and security apply to all personnel who enter the installation or who travel by Government transportation. The Contractor shall not construe or interpret this to establish any degree of Government control inconsistent with a non-personal services contract. 14. LIABILITY A. The Government will not be held responsible for damages to property or for injuries or death to persons, which might occur without fault on the part of the Government as a result of, or incident to, performance of the contract. B. The Contractor shall not be liable for any injury to Government personnel or damage to Government property arising from the use of products provided by the Contractor, unless such injury or damage is due to the fault or negligence of the Contractor. 15. PERFORMANCE OF WORK ON GOVERNMENT PREMISES A. Any work under this contract which is performed by the Contractor or any of its subcontractors on premises under Government control is subject to all requirements of this contract governing such work, and the following: (1) All Contractor and subcontractor personnel shall, at all times, conspicuously display a distinctive badge provided by the Contractor, identifying such personnel as employees of the Contractor and shall observe and otherwise be subject to such security regulations as are in effect for the particular premises involved. (2) All Contractor and subcontractor personnel shall be easily recognized by wearing Government provided security badges while working in any of the USSTRATCOM facility, or any other Air Force building on Offutt Air Force Base used by the Contractor's employees. (3) The Contractor shall provide direct supervision of its own employees but shall not supervise or accept supervision from any Government personnel. (4) The Contractor shall designate to the Contracting Officer in writing an on-the-premises representative to serve as point of contact for the Contractor with the Contracting Officer or their duly authorized representative. (5) All Contractor and subcontractor employees shall dress appropriately for a professional work environment. 16. USE OF TOBACCO IN DOD FACILITIES The Department of Defense has banned smoking and the use of smokeless tobacco in Government facilities. Contractor employees and visitors are subject to the same restrictions as are Government personnel. Smoking and the use of smokeless tobacco are permitted outdoors only in designated areas. 17. WORK ON A GOVERNMENT INSTALLATION: Whenever the clause 52.228-5, Insurance--Work on a Government Installation, is included in a contract, prime Contractors shall be required to either provide copies of insurance certificates or certify in writing that the required insurance has been obtained before commencing work on the installation. If the Contractor's certification is used in lieu of submission of insurance certificates to the contracting officer, a Certificate of Compliance with Insurance Requirements shall be used for the prime Contractor. After certification by the Contractor, the Certificate of Compliance shall become part of the official contract file. 18. MOTOR VEHICLE OPERATION ON BASE 1. Contractor personnel are advised that seat belt usage is mandatory at all times on Offutt AFB. Nebraska state law requires the use of restraints in a vehicle. Offutt AFB Instruction 31-204, 20 October 2010, Security, Motor Vehicle Traffic Supervision states that failing to utilize seat belts or other restraints while moving will result in the issuance of a 7-day driving suspension and the individual's traffic history on Offutt AFB being assessed points for the first offense. Repeated offenses on Offutt AFB will result in the loss of on-base driving privileges and could have an adverse affect on your ability to perform your contract. Air Force Instruction 31.204, Air Force Motor Traffic Supervision, prescribes that installation commanders must ensure drivers comply with state and local traffic laws both on and off base. Accordingly, while on Offutt AFB, operators and passengers must wear restraints and may be ticketed by Offutt security personnel for failure to comply. In addition, the following administrative penalties, as a minimum, will be imposed on drivers who are cited for speeding 10 mph - 15 mph over base housing posted speed limits: the first offense will result in the issuance of a 7-day driving suspension and the individual's traffic history being assessed points. Repeated offenses on Offutt AFB will result in the loss of on-base driving privileges and could have an adverse affect on your ability to perform your contract. 2. Contractor personnel are advised that vehicle operators on a DoD installation and operators of Government owned vehicles will not use cell phones unless the vehicle is safely parked or unless they are using a hands-free device. The wearing of any other portable headphones, earphones, or other listening devices (except for hands-free cellular phones) while operating a motor vehicle is prohibited (DoD Joint Motor Vehicle Traffic Supervision Regulation, paragraph 4-2). Using a cell phone while driving, without a hands free device will be considered a "primary offense", meaning that violators are subject to being stopped and ticketed solely for this offense and the individual's traffic history on Offutt AFB being assessed points for the first offense. Repeated offenses on Offutt AFB will result in the loss of on-base driving privileges and could have an adverse affect on your ability to perform your contract.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USAF/ACC/55CONS/F3HSE1SAG2OFFUTT/listing.html)
Place of Performance: Address: USSTRATCOM, OFFUTT AFB, Nebraska, 68113, United States; Zip Code: 68113
Record: SN02490965-W 20110708/110706235206-0a0fc13bf636834b65bec6953de6aae0 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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