MOARNG - Lease - 5 EA John Deere Excavators
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is W912NS19Q2001 and is issued as a request for quotes (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97. This requirement is NOT set-aside for any small-business preference (UNRESTRICTIVE). A HUBZONE price evaluation preference will be given IAW FAR 19.1307 (noting that any excessive pass-through will not be acceptable). The associated North American Industrial Classification System (NAICS) code for this procurement is 532412 (small business size standard of $3.2M - Non-Applicable as UNRESTRICTIVE). All quotes shall reference the RFQ number and shall be submitted by 1:00 P.M. central time on 16 January 2019. The anticipated award date is no later than 15 February 2019.
The Missouri Army National Guard (MOARNG), 140th Regiment requests a firm-fixed price of an 18 month lease (12 month base with one 6 month option) of 5 EA "Name Brand Only" John Deere 230G, 240G, or 250G Hydraulic Excavators (with attachments) in order to conduct the Horizontal Engineer Reclassification Course.
Attachments Include:
1. Statement of Work (SOW)
2. SOW - Enclosure 1 - Lubrication Order for John Deere 250G as an example of directed student maintenance.
3. SOW - Enclosure 2 - Technical Manual for John Deere 250G as an example of class instruction and maintenance.
4. SOW - Enclosure 3 - 12N Program of Instruction (POI) as an example of class instruction.
5. REDACTED Justification and Approval - Name Brand Only - John Deere Model 230G, 240G, or 250G
6. Value Adjusted Total Evaluated Price Tradeoff Scenario Spreadsheet
IAW the authority of FAR 6.302-1, this supply is restricted to a particular brand-name, product, or feature of a product, peculiar to one manufacturer (exception to fair opportunity). The Missouri Army National Guard (MOARNG), 140th Regiment has a requirement to lease 5 each (EA) John Deere model 230G, 240G, or 250G HYEX only (with stated attachments in the SOW). Commercial and Used are authorized - See RFQ for further details. See enclosed Justification and Approval - Redacted.
The contractor is responsible for all costs related to making the HYEXs available for use, such as transportation, installation, configuration of machines for use, or rehabilitation costs. See enclosed Statement of Work (SOW). Award will be a Firm-Fixed Price (FFP) to meet the needs of the enclosed SOW. The following commercial Supply is requested, please utilize below Contract Line Item Number (CLIN) when submitting a quote:
CLIN 0001: John Deere HYEX (S/N: TBD; Model 230G, 240G or 250G - TBD) with Attachments & Provided Maintenance
FFP
BASE YEAR
Period of Performance: 12 Months from Determined Delivery Date
Quantity: 12
Unit of Measure: Months
Price per Month: ____________
Price per Period: ____________
CLIN 0002: John Deere HYEX (S/N: TBD; Model 230G, 240G or 250G - TBD) with Attachments & Provided Maintenance
FFP
BASE YEAR
Period of Performance: 12 Months from Determined Delivery Date
Quantity: 12
Unit of Measure: Months
Price per Month: ____________
Price per Period: ____________
CLIN 0003: John Deere HYEX (S/N: TBD; Model 230G, 240G or 250G - TBD) with Attachments & Provided Maintenance
FFP
BASE YEAR
Period of Performance: 12 Months from Determined Delivery Date
Quantity: 12
Unit of Measure: Months
Price per Month: ____________
Price per Period: ____________
CLIN 0004: John Deere HYEX (S/N: TBD; Model 230G, 240G or 250G - TBD) with Attachments & Provided Maintenance
FFP
BASE YEAR
Period of Performance: 12 Months from Determined Delivery Date
Quantity: 12
Unit of Measure: Months
Price per Month: ____________
Price per Period: ____________
CLIN 0005: John Deere HYEX (S/N: TBD; Model 230G, 240G or 250G - TBD) with Attachments & Provided Maintenance
FFP
BASE YEAR
Period of Performance: 12 Months from Determined Delivery Date
Quantity: 12
Unit of Measure: Months
Price per Month: ____________
Price per Period: ____________
CLIN 0006: John Deere HYEX per CLIN 0001 (S/N: TBD; Model 230G, 240G or 250G - TBD) with Attachments & Provided Maintenance
FFP
OPTION YEAR (6 Months)
Period of Performance: 6 Months from End of Base - CLIN 0001
Quantity: 6
Unit of Measure: Months
Price per Month: ____________
Price per Period: ____________
CLIN 0007: John Deere HYEX per CLIN 0002 (S/N: TBD; Model 230G, 240G or 250G - TBD) with Attachments & Provided Maintenance
FFP
OPTION YEAR (6 Months)
Period of Performance: 6 Months from End of Base - CLIN 0002
Quantity: 6
Unit of Measure: Months
Price per Month: ____________
Price per Period: ____________
CLIN 0008: John Deere HYEX per CLIN 0003 (S/N: TBD; Model 230G, 240G or 250G - TBD) with Attachments & Provided Maintenance
FFP
OPTION YEAR (6 Months)
Period of Performance: 6 Months from End of Base - CLIN 0003
Quantity: 6
Unit of Measure: Months
Price per Month: ____________
Price per Period: ____________
CLIN 0009: John Deere HYEX per CLIN 0004 (S/N: TBD; Model 230G, 240G or 250G - TBD) with Attachments & Provided Maintenance
FFP
OPTION YEAR (6 Months)
Period of Performance: 6 Months from End of Base - CLIN 0004
Quantity: 6
Unit of Measure: Months
Price per Month: ____________
Price per Period: ____________
CLIN 0010: John Deere HYEX per CLIN 0005 (S/N: TBD; Model 230G, 240G or 250G - TBD) with Attachments & Provided Maintenance
FFP
OPTION YEAR (6 Months)
Period of Performance: 6 Months from End of Base - CLIN 0005
Quantity: 6
Unit of Measure: Months
Price per Month: ____________
Price per Period: ____________
Quote Submission Instructions: Clause 52.212-1 (found in CLAUSES INCORPORATED BY FULL TEXT) provides detailed instructions on what shall be included in an offeror's quote. The preferred submission of an Offeror's questions or proposal is electronic submission by email to forrest.a.hancock.civ@mail.mil. All email subjects shall begin with"19Q2001". Hand carried quotes may be delivered to USPFO for Missouri, Purchasing & Contracting Division, ATTN: Mr. Forrest Hancock; 7101 Military Circle, Jefferson City, MO 65101 prior to the end of the solicitation. All proposal shall be submitted by 1:00 P.M. central time on 16 January 2019.
System for Award Management: Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. PER FAR 4.1202, See 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS.
Payment: Made only in accordance with "DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012" and "DFARS 252.232-7006 Wide Area Workflow Payment Instructions MAY 2013"
Question Submission Deadline: Interested Offerors shall submit any questions concerning the combined synopsis/solicitation at the earliest time possible, but no later than 1:00 P.M. central time on 10 January 2019 to enable the Government time to respond in a FBO posting for fair opportunity to all interested parties. Questions received after this date and time will only be considered if it is determined by the Contracting Officer to be in the best interest of the Government.
Basis of Award: Best Value with be determined by Value Adjusted Total Evaluated Price Tradeoff (VATEP). The government is willing to tradeoff price for an earlier delivery. This is to incentivize industry to the urgent need. That tradeoff will be specific to a percentage price evaluation factor based off the guaranteed delivery date (In other words - when evaluating lowest price, the government will deduct your quoted total price a certain percentage based off your guaranteed delivery date). This is for evaluation purposes only. A FFP contract will be issued for the quoted price to a technically acceptable awardee. See VATEP Attachment for Details and scenario breakdown. Those percentages are as follows:
Deliver Less Than 59 days After Contract Award = 15% Discount Price Evaluation
Deliver 60-89 Days After Contract Award = 10% Discount Price Evaluation
Deliver 90-119 Days After Contract Award = 5% Discount Price Evaluation
Deliver 120-149 Days After Contract Award = 2% Discount Price Evaluation
Deliver 150-180 Days After Contract Award = No Discount Price Evaluation
Deliver Greater than 180 Days After Contract Award = Not Acceptable
EXAMPLES TO SCENERIO ARE GIVEN IN ATTACHMENTS
The government will also evaluate Technical. To be Technically Acceptable the government will also consider a Past Performance minimum to show technical knowledge and ownership of the Brand Name requirement. To be technically acceptable vendor must show capability to meet this requirement within the terms of the Statement of Work, Name Brand Need, and Past Performance
Acceptable: Quote meets needs of SOW, Brand Name, and show Past Performance (Show capability through prior lease of John Deere 230G, 240G, or 250G). Used machines will be considered acceptable, but all the functions of the SOW must work and the machine must be capable of being operational through the life of the contract. It is expected that if a machine is not operational that the vendor will replace said machine or provide timely maintenance to get it operational. Number of current hours must be submitted with each quoted machine. The MOARNG reserves the right to inspect a machine prior to accepting delivery.
Unacceptable: Quote does not meet requirements and contains one or more deficiencies. Quote is un-awardable.
Clause 52.212-2 (found in CLAUSES INCORPORATED BY FULL TEXT) provides detailed criteria on how an offeror's quote will be evaluated in order to be determined technically. The offer with the lowest price, after VATEP, determined to be technically acceptable (IAW SOW, Name Brand, Past Performance) will receive the award.
The Government intends to evaluate offers and award a contract without discussions with offerors.
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I OCT 1995
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015
52.212-3 Alt I Offeror Representations and Certifications-Commercial Items (FEB 2016) Alternate I OCT 2014
52.212-4 Contract Terms and Condition-Commercial Items (JAN 2017)
52.215-20 Alt IV Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data (Oct 2010) - Alternate IV OCT 2010
52.217-5 Evaluation Of Options JUL 1990
52.222-41 Service Contract Labor Standards MAY 2014
52.222-43 Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts) MAY 2014
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013
52.233-1 Disputes MAY 2014
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-1 Site Visit APR 1984
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984
52.245-1 Government Property APR 2012
52.245-9 Use And Charges APR 2012
52.246-4 Inspection Of Services--Fixed Price AUG 1996
52.247-21 Contractor Liability for Personal Injury and/or Property Damage APR 1984
52.249-2 Termination For Convenience Of The Government (Fixed- Price) APR 2012
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011
252.204-7000 Disclosure of Information OCT 2016
252.204-7003 Control of Government Personnel Work Product APR 1992
252.204-7006 Billing Instructions OCT 2005
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016
252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.211-7007 Reporting of Government-Furnished Property AUG 2012
252.215-7007 Notice of Intent to Resolicit JUN 2012
252.215-7008 Only One Offer OCT 2013
252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7000 Buy American--Balance Of Payments Program Certificate--Basic (Nov 2014) NOV 2014
252.225-7001 Buy American And Balance Of Payments Program-Basic (Nov 2014) NOV 2014
252.225-7012 Preference For Certain Domestic Commodities FEB 2013
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
252.225-7048 Export-Controlled Items JUN 2013
252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism OCT 2015
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns SEP 2004
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012
252.232-7006 Wide Area Workflow Payment Instructions MAY 2013
252.232-7010 Levies on Contract Payments DEC 2006
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property APR 2012
252.245-7002 Reporting Loss of Government Property APR 2012
252.245-7003 Contractor Property Management System Administration APR 2012
252.245-7004 Reporting, Reutilization, and Disposal MAR 2015
252.247-7007 Liability and Insurance DEC 1991
252.247-7022 Representation Of Extent Of Transportation Of Supplies By Sea AUG 1992
252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.208-4 - VEHICLE LEASE PAYMENTS
As prescribed in 8.1104(a), insert the following clause in solicitations and contracts for leasing motor vehicles, unless the motor vehicles are leased in foreign countries:
Vehicle Lease Payments (Apr 1984)
(a) Upon the submission of proper invoices or vouchers, the Government shall pay rent for each vehicle at the rate(s) specified in this contract.
(b) Rent shall accrue from the beginning of this contract, or from the date each vehicle is delivered to the Government, whichever is later, and shall continue until the expiration of the contract term or the termination of this contract. However, rent shall accrue only for the period that each vehicle is in the possession of the Government.
(c) Rent shall not accrue for any vehicle that the Contracting Officer determines does not comply with the Condition of Leased Vehicles clause of this contract or otherwise does not comply with the requirements of this contract, until the vehicle is replaced or the defects are corrected.
(d) Rent shall not accrue for any vehicle during any period when the vehicle is unavailable or unusable as a result of the Contractor's failure to render services for the operation and maintenance of the vehicle as prescribed by this contract.
(e) Rent stated in monthly terms shall be prorated on the basis of 1/30th of the monthly rate for each day the vehicle is in the Government's possession. If this contract contains a mileage provision, the Government shall pay rent as provided in the Schedule.
(End of Clause)
52.208-5 - CONDITION OF LEASED VEHICLES
As prescribed in 8.1104(b), insert the following clause in solicitations and contracts for leasing motor vehicles, unless the motor vehicles are leased in foreign countries:
Condition of Leased Vehicles (Apr 1984)
Each vehicle furnished under this contract shall be of good quality and in safe operating condition, and shall comply with the Federal Motor Vehicle Safety Standards (49 CFR 571) and State safety regulations applicable to the vehicle. The Government shall accept or reject the vehicles promptly after receipt. If the Contracting Officer determines that any vehicle furnished is not in compliance with this contract, the Contracting Officer shall promptly inform the Contractor in writing. If the Contractor fails to replace the vehicle or correct the defects as required by the Contracting Officer, the Government may --
(a) By contract or otherwise, correct the defect or arrange for the lease of a similar vehicle and shall charge or set off against the Contractor any excess costs occasioned thereby; or
(b) Terminate the contract under the Default clause of this contract.
(End of Clause)
52.208-6 - MARKING OF LEASED VEHICLES
As prescribed in 8.1104(c), insert the following clause in solicitations and contracts for leasing motor vehicles, unless the motor vehicles are leased in foreign countries:
Marking of Leased Vehicles (Apr 1984)
(a) The Government may place nonpermanent markings or decals, identifying the using agency, on each side, and on the front and rear bumpers, of any motor vehicle leased under this contract. The Government shall use markings or decals that are removable without damage to the vehicle.
(b) The Contractor may use placards for temporary identification of vehicles except that the placards may not contain any references to the Contractor that may be construed as advertising or endorsement by the Government of the Contractor.
(End of Clause)
52.208-7 - TAGGING OF LEASED VEHICLES
As prescribed in 8.1104(d), insert a clause substantially as follows:
Tagging of Leased Vehicles (May 1986)
While it is the intent that vehicles leased under this contract will operate on Federal tags, the Government reserves the right to utilize State tags if necessary to accomplish its mission. Should State tags be required, the Contractor shall furnish the Government documentation necessary to allow acquisition of such tags. Federal tags are the responsibility of the Government.
(End of Clause)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
(a) Definitions. As used in this provision-
"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
"Federal contracts and grants with total value greater than $10,000,000" means-
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
52.211-8 - TIME OF DELIVERY. - Alternate I
As prescribed in 11.404(a)(2), insert the following clause:
Time of Delivery (Jun 1997)
(a) The Government requires delivery to be made according to the following schedule:
SEE "VALUE ADJUSTED TOTAL EVALUATION PRICE" Attachment and RFQ (52.212-1) for required "Guaranteed Delivery Date" - No Later than 180 Days from Contract Award
Alternate I (Apr 1984). If the delivery schedule is expressed in terms of specific calendar dates or specific periods and is based on an assumed date of award, the contracting officer may substitute the following paragraph (b) for paragraph (b) of the basic clause. The time may be expressed by substituting "on or before"; "during the months _________"; or "not sooner than __________ or later than _________" as headings for the third column of paragraph (a) the basic clause.
(b) The delivery dates or specific periods above are based on the assumption that the Government will make award by 1 February, 2019 (Not Later than 15 February, 2019). Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.
(End of Clause)
52.211-9 - DESIRED AND REQUIRED TIME OF DELIVERY - Alternate I
As prescribed in 11.404(a)(3), insert the following clause:
Desired and Required Time of Delivery (Jun 1997)
(a) The Government desires delivery to be made according to the following schedule:
If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows:
SEE "VALUE ADJUSTED TOTAL EVALUATION PRICE" Attachment and RFQ (52.212-1) for required "Guaranteed Delivery Date" - No Later than 180 Days from Contract Award
Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.
Alternate I (Apr 1984). If the delivery schedule is expressed in terms of specific calendar dates or specific periods and is based on an assumed date of award, the contracting officer may substitute the following paragraph (b) for paragraph (b) of the basic clause. The time may be expressed by substituting "on or before"; "during the months _______"; or "not sooner than ______, or later than ______" as headings for the third column of paragraph (a) of the basic clause.
(b) The delivery dates or specific periods above are based on the assumption that the Government will make award by 1 February, 2019 (Not Later than 15 February, 2019). Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails
(End of Clause)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is 532412 with a small business size standard of $3.2M.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. Limit pages of submission to no more than 30 pages, not including the actual solicitation. As a minimum, offers must show-
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) Pricing (shall price each CLIN found in this solicitation and include an itemized list of any LEASE TERMS). Quote shall have a GUARENTEED DELIVERY TIMELINE from date of contract award (example: "No Less Than 45 Days from Contract Award")
(5) Technical [shall address the proposed capability of meeting terms of SOW, Brand Name, and Past Performance (shall show prior lease of John Deere 230G, 240G, 250G to show knowledge and ownership)], Shall address type of each machine (230G, 240G, or 250G only) and the number of current hours.
(6) "Remit to" address, if different than mailing address;
(7) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(8) Acknowledgment of Solicitation Amendments;
(9) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(10) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(e) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 1:00 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(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. Best Value with be determined by Value Adjusted Total Evaluated Price Tradeoff (VATEP). The government is willing to tradeoff price for an earlier delivery. This is to incentivize industry to the urgent need. That tradeoff will be specific to a percentage price evaluation factor based off the guaranteed delivery date (In other words - when evaluating lowest price, the government will deduct your quoted total price a certain percentage based off your guaranteed delivery date). This is for evaluation purposes only. A FFP contract will be issued for the quoted price to a technically acceptable awardee. In order to be determined technically acceptable, the proposal must address the following:
(i) Price. Will be evaluated for reasonableness in accordance with FAR 15.404-1. A discount Price Evaluation will be given as follows (or IAW HUBZONE PRICE EVALUATION):
Guaranteed Delivery Date. In accordance with the "Value Adjusted Total Evaluated Price Tradeoff" (VATEP). The government is willing to tradeoff price for an earlier delivery. This is to incentivize industry as this is an urgent need. That tradeoff will be specific to a percentage price evaluation factor based off the guaranteed delivery date. Those percentages are as follows:
Deliver Less Than 59 days After Contract Award 15% Discount Price Evaluation
Deliver 60-89 Days After Contract Award 10% Discount Price Evaluation
Deliver 90-119 Days After Contract Award 5% Discount Price Evaluation
Deliver 120-149 Days After Contract Award 2% Discount Price Evaluation
Deliver 150-180 Days After Contract Award No Discount Price Evaluation
Deliver Greater than 180 Days After Contract Award Not Acceptable
(ii) Technical. The Missouri Army National Guard (MOARNG), 140th Regiment requires an 18 month lease (12 month base with one 6 month option) of 5 EA "name brand only" John Deere Models 230G, 240G, or 250G with specific attachments and requirements per machine. Must show capability to meet this need within the terms of the Statement of Work, Name Brand Need, and Past Performance
Acceptable: Quote meets needs of SOW, Brand Name, and show Past Performance (Show capability through prior lease of John Deere 230G, 240G, or 250G). Shall address type of each machine (230G, 240G, or 250G only) and the number of current hours. Used machines will be considered acceptable, but all the functions of the SOW must work and the machine must be capable of being operational through the life of the contract. It is expected that if a machine is not operational that the vendor will replace said machine or provide timely maintenance to get it operational. Number of current hours must be submitted with each quoted machine. The MOARNG reserves the right to inspect a machine prior to accepting delivery.
Unacceptable: Quote does not meet requirements and contains one or more deficiencies. Quote is un-awardable.
(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). 100% of the 6 month option proposed price will be evaluated for the purposes of clause 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999).
(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.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (FEB 2016)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware,
Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
__X_(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Nov 2016) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
_X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (55) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (56) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).
___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware,
Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
52.217-8 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 60 days.
(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 30 days; 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 2 YEARS.
(End of clause)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Ms. Kerrey Renkemeyer, 573-638-9550, kerrey.a.renkemeyer.civ@mail.mil, USPFO-MO P&C, 7101 Military Circle, Jefferson City, MO 65101-1200
(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)
52.252-2 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 address:
http://farsite.hill.af.mil
(End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated
