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100LL AVGAS


Idaho, United States
Government : Military
RFQ
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Combined Synopsis/Solicitation
Supply of 100LL AVGAS

Mountain Home AFB, Idaho

17 July 2019


This is a combined synopsis/solicitation (COMBO) for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.


Solicitation number FA489719Q0194 is solicited as a request for quotation (RFQ).


The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-03, Effective 12 July 2019.

This is a set-aside for 100% Small Business.

 

The North American Industry Classification System (NAICS) code for this project is 324110 with a size standard of 1500 Employees.

 

The purpose of this COMBO is for the supply of 5500 Litres of 100LL AVGAS in accordance with the attached Salient Characteristics.

 

The bid schedule and contract CLIN schedule are below:

 





CLIN



Description



Quantity



Unit



Cost per Unit



Total


 



(USD $)



(USD $)


 



0001



100LL AVGAS



5500



Litres




 




 


 



0002



Delivery/Pick-up

(include all delivery and pick-ups)



1



Job




 




 


 



(US Dollars $)                                           TOTAL



$


 




FBO Destination


Period of Performance:


12 Sept 19 - 9 Oct 19




 


Place of Delivery:      

366 Logistics Readiness Squadron

POL Storage area

Mountain Home AFB, ID  83648


 


 



 

Vendor Information

 





Ordering Address



Point of Contact



Phone Number



Fax Number





 



 



 



 





E-Mail Address



Quote Date



Cage Code



Web Address





 



 



 



 





 

Salient Characteristics; (See attached document)

Specifications: (See attached)

 

Place of Delivery:  366 Logistics Readiness Squadron

                               POL Storage area

                               Mountain Home AFB, ID 83648

 

*FAR Provision 52.212-1, Instructions to Offerors - Commercial Items (Oct 2018) applies to this acquisition and the following addendum applies:

 

FAR 52.212-1 Addenda:

 

Offeror must provide the following certifications with their quote:

 


Offerors' quotation shall conform to the required CLIN structure as referenced above. Any offeror not conforming to the required PWS and to this solicitation shall be deemed non-responsive and therefore ineligible for award.


 

For either the site visit (if required) or submission of quotes, all personnel requesting access to Mountain Home Air Force Base, ID must possess a valid State or Government picture identification card. Furthermore, individuals presenting identification cards from a state that is non-compliant with the REAL ID Act will require additional documentation to gain unescorted base access. Additional documentation include a valid U.S. or foreign government issued passport, an employment authorization document that contains a photograph, or identification cards issued by federal, state or local government agencies that includes a photo and biographic information.  A full list of REAL ID Act compliant and non-compliant states can be found at https://www.dhs.gov/current-status-states-territories. Personnel requesting vehicle access to Mountain Home Air Force Base, ID must provide a valid driver's license, current vehicle registration, and valid vehicle insurance. 


Prospective offerors shall be registered in the System for Award Management (SAM) database when submitting an offer or quotation, and shall continue to be registered until time of award, during performance and through final payment of any contract, basic agreement, basic ordering agreement or blanket purchasing agreement resulting from this solicitation. SAM must be current at the time of award and have completed the annual representations and certifications section IAW FAR 4.1102. Notice: Effective 11 June 2018, entities registering in SAM (and those renewing expired registrations) will be required to submit a notarized letter appointing their authorized Entity Administrator. Information regarding this requirement can be found at the following link: https://www.fsd.gov/fsd-gov/answer.do?sysparm_kbid=d2e67885db0d5f00b3257d321f96194b&sysparm_search=kb0013183

 

The vendor must agree to hold the prices in its quote firm FOR THE REMAINDER OF THE FISCAL YEAR.

 

***** Notice to Vendor(s)/ Supplier(s): Funds are not presently available for this effort. No award will be made under this RFQ until funds are available. The Government reserves the right to cancel this RFQ, either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse a vendor for any costs*****

 

RFQ due date: 23 July 2019

RFQ due time:  2:00 P.M. MST

Email to tammie.morlock@us.af.mil and jeffrey.corey.1@us.af.mil

 

THIS MUST BE SENT TO tammie.morlock@us.af.mil and jeffrey.corey.1@us.af.mil AS STATED BELOW. ANYTHING OTHERWISE CAN AND WILL BE CONSIDERED NONRESPONSIVE.  YOU MAY WISH TO PLACE A READ/DELIVERY RECEIPT.

 

Note:  .zip files are not an acceptable format for the Air Force Network and will not go through our email system.

 

All questions regarding this RFQ must be email to tammie.morlock@us.af.mil and jeffrey.corey.1@us.af.mil by 2:00 P.M. MST on 19 July 2019. 

 

Please provide the following information with your quote:

Company Name: ____________

DUNS Number: ____________

Cage Code: _______________

*Number of Employees ____________

*Total Yearly Revenue_______________

*Information required determining size of business for the NAICS referenced above

 

Estimated Delivery Time: ____________

Payment Terms: _________________________

Warranty:  ________________

FOB (Select):  __X__ Destination                 _____ Origin

Shipping Cost must be included in quotation.

 

(End of FAR Provision 52.212-1 Addenda)

 

*FAR Provision 52.212-2, Evaluation - Commercial Items (Oct 2014) applies to this acquisition and the following addendum applies:

 

All companies must be registered in the System for Award Management at https://www.sam.gov/portal/public/SAM/ to be considered for award.  The Government will not provide contract financing for this acquisition.  Invoice instruction shall be provided at time of award.

 

*FAR Provision 52.212-2, Evaluation - Commercial Items (Oct 2014) applies to this acquisition and the following addendum applies:

(a) The Government will award a contract resulting from this RFQ to the responsible vendor whose quote conforming to the RFQ will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

 (i) technical capability of the item offered to meet the Government requirement ;( list)

(ii) price;

The following procedures will be used by the Government during evaluation:

Step One: Evaluate all quotations for responsiveness.

Step Two: Rank all responsive quotations based upon offeror's Total Evaluated Price (TEP) in ascending order from lowest price to highest price.

Step Three: Evaluate lowest price offeror's technical acceptability. If technically acceptable, move to step four. If not technically acceptable, evaluate the next lowest priced vendor's quote. Continue evaluating technical acceptability until a rating of technically acceptable is achieved.

Step Four: Make a Best-Value decision based on technical, performance evaluation and a determination that the price is fair and reasonable.

(End of FAR Provision 52.212-2 Addenda)

Discussions: The government intends to award a purchase order without discussions with respective vendors/quoters.  The government however, reserves the right to conduct discussions if deemed in its best interest.

CLAUSES INCORPORATED BY REFERENCE

 





CLAUSE NO.



CLAUSE TITLE



YEAR-MO



SECTION





 



 



VARIATION





 



 



NAME



DATE





 



 



 



 





252.203-7000



Requirements Relating to Compensation of Former DoD Officials



2011-09



SEC I





252.203-7002



Requirement to Inform Employees of Whistleblower Rights.



2013-09



SEC I





252.203-7005



Representation Relating to Compensation of Former DoD Officials. As prescribed in 203.171-4(b), insert the following provision:



2011-11



SEC K





252.204-7003



Control of Government Personnel Work Product.



1992-04



SEC I





252.204-7015



Notice of Authorized Disclosure of Information for Litigation Support.



2016-05



SEC I





252.215-7013



Supplies and Services Provided by Nontraditional Defense Contractors.



2018-01



SEC L





252.223-7006



Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.



2014-09



SEC I





252.223-7008



Prohibition of Hexavalent Chromium.



2013-06



SEC I





252.225-7001



Buy American and Balance of Payments Program.



2017-12



SEC I





252.225-7002



Qualifying Country Sources as Subcontractors.



2017-12



SEC I





252.225-7028



Exclusionary Policies and Practices of Foreign Governments.



2003-04



SEC I





252.225-7048



Export-Controlled Items.



2013-06



SEC I





252.232-7003



Electronic Submission of Payment Requests and Receiving Reports.



2018-12



SEC G





252.232-7010



Levies on Contract Payments.



2006-12



SEC I





252.243-7001



Pricing of Contract Modifications.



1991-12



SEC I





252.244-7000



Subcontracts for Commercial Items



2013-06



SEC I





52.219-6



Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003)



2011-11



SEC I





 



 



Deviation





 



 



2019-O0003



2018-12





52.203-18



Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.



2017-01



SEC I





52.204-16



Commercial and Government Entity Code Reporting.



2016-07



SEC K





52.204-18



Commercial and Government Entity Code Maintenance.



2016-07



SEC I





52.204-22



Alternative Line Item Proposal.



2017-01



SEC I





52.204-7



System for Award Management.



2018-10



SEC L





52.222-19



Child Labor-Cooperation with Authorities and Remedies.



2018-01



SEC I





52.222-21



Prohibition of Segregated Facilities.



2015-04



SEC I





52.223-18



Encouraging Contractor Policies to Ban Text Messaging While Driving.



2011-08



SEC I





52.225-13



Restrictions on Certain Foreign Purchases.



2008-06



SEC I





52.232-33



Payment by Electronic Funds Transfer-System for Award Management.



2018-10



SEC I





52.232-40



Providing Accelerated Payments to Small Business Subcontractors.



2013-12



SEC I





52.209-11



Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.



2016-02



SEC I





 

 

CLAUSES IN FULL TEXT

 





CLAUSE NO.



CLAUSE TITLE



(MONTH YEAR)



VARIATION





NAME



DATE





CLAUSE TEXT





 





52.222-26



Equal Opportunity.



(SEP 2015)



 



 





 



 



 



 



 





 

Equal Opportunity (Sept 2015)

 (a) Definition. As used in this clause.

 "Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

 "Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

 "Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-

 (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

 (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

 "Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

 "Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

 "United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

 (b)

 (1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

 (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

 (c)

 (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.

 (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-

 (i) Employment;

 (ii) Upgrading;

 (iii) Demotion;

 (iv) Transfer;

 (v) Recruitment or recruitment advertising;

 (vi) Layoff or termination;

 (vii) Rates of pay or other forms of compensation; and

 (viii) Selection for training, including apprenticeship.

 (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

 (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

 (5)

 (i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

 (ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-

 (A) Incorporation into existing employee manuals or handbooks; and

 (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.

 (6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

 (7) The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

 (8) The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

 (9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.

 (10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

 (11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

 (12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

 (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.

(End of Clause)





 



 



 



 



 





52.212-1



Instructions to Offerors-Commercial Items.



(OCT 2018)



 



 





 



 



 



 



 





 

As prescribed in 12.301(b)(1), insert the following provision: Instructions to Offerors-Commercial Items (Oct 2018)

 (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

 (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. 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) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

 (5) Terms of any express warranty;

 (6) Price and any discount terms;

 (7) "Remit to" address, if different than mailing address;

 (8) 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);

 (9) Acknowledgment of Solicitation Amendments;

 (10) 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

 (11) 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) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

 (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

 (f) 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 4:30 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 Part101-29, 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) Unique entity identifier. (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).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

 (k) [Reserved]

 (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)

(End of Clause)





 



 



 



 



 





52.222-36



Equal Opportunity for Workers with Disabilities.



(JUL 2014)



 



 





 



 



 



 



 





Equal Opportunity for Workers with Disabilities (Jul 2014)

 (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

 (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)





 



 



 



 



 





52.222-50



Combating Trafficking in Persons.



(JAN 2019)



 



 





 



 



 



 



 





Combating Trafficking in Persons (Jan 2019)

 (a) Definitions. As used in this clause-

 "Agent" means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

 "Coercion" means-

 (1) Threats of serious harm to or physical restraint against any person;

 (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

 (3) The abuse or threatened abuse of the legal process.

 "Commercial sex act" means any sex act on account of which anything of value is given to or received by any person.

 "Commercially available off-the-shelf (COTS) item" means-

 (1) Any item of supply (including construction material) that is-

 (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

 (ii) Sold in substantial quantities in the commercial marketplace; and

 (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

 (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

 "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

 "Employee" means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

 "Forced Labor" means knowingly providing or obtaining the labor or services of a person-

 (1) By threats of serious harm to, or physical restraint against, that person or another person;

 (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

 (3) By means of the abuse or threatened abuse of law or the legal process.

 "Involuntary servitude" includes a condition of servitude induced by means of-

 (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

 (2) The abuse or threatened abuse of the legal process.

 "Recruitment fees" means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

 (1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-

 (i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

 (ii) Advertising

 (iii) Obtaining permanent or temporary labor certification, including any associated fees;

 (iv) Processing applications and petitions;

 (v) Acquiring visas, including any associated fees;

 (vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

 (vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

 (viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

 (ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

 (x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

 (xi) Transportation and subsistence costs-

 (A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

 (B) From the airport or disembarkation point to the worksite;

 (xii) Security deposits, bonds, and insurance; and

 (xiii) Equipment charges.

 (2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is-

 (i) Paid in property or money;

 (ii) Deducted from wages;

 (iii) Paid back in wage or benefit concessions;

 (iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

 (v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to-

 (A) Agents;

 (B) Labor brokers;

 (C) Recruiters;

 (D) Staffing firms (including private employment and placement firms);

 (E) Subsidiaries/affiliates of the employer;

 (F) Any agent or employee of such entities; and

 (G) Subcontractors at all tiers.

 "Severe forms of trafficking in persons" means-

 (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

 (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

 "Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

 "Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

 "Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

 "United States" means the 50 States, the District of Columbia, and outlying areas.

 (b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not-

 (1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

 (2) Procure commercial sex acts during the period of performance of the contract;

 (3) Use forced labor in the performance of the contract;

 (4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

 (5)

 (i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

 (ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

 (6) Charge employees or potential employees recruitment fees;

 (7)

 (i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-

 (A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

 (B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that-

 (ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-

 (A) Legally permitted to remain in the country of employment and who chooses to do so; or

 (B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

 (iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

 (8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

 (9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

 (c) Contractor requirements. The Contractor shall-

 (1) Notify its employees and agents of-

 (i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and

 (ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

 (2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

 (d) Notification.

 (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of-

 (i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

 (ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

 (2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

 (e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in-

 (1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

 (2) Requiring the Contractor to terminate a subcontract;

 (3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

 (4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

 (5) Declining to exercise available options under the contract;

 (6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

 (7) Suspension or debarment.

 (f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

 (1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

 (2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

 (g) Full cooperation.

 (1) The Contractor shall, at a minimum-

 (i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

 (ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

 (iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

 (iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

 (2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not-

 (i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

 (ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

 (iii) Restrict the Contractor from-

 (A) Conducting an internal investigation; or

 (B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

 (h) Compliance plan.

 (1) This paragraph (h) applies to any portion of the contract that-

 (i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

 (ii) Has an estimated value that exceeds $500,000.

 (2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate-

 (i) To the size and complexity of the contract; and

 (ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

 (3) Minimum requirements. The compliance plan must include, at a minimum, the following:

 (i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

 (ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

 (iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employees or potential employees and ensures that wages meet applicable host-country legal requirements or explains any variance.

 (iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.

 (v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

 (4) Posting.

 (i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

 (ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

 (5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that-

 (i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

 (ii) After having conducted due diligence, either-

 (A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

 (B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.

 (i) Subcontracts.

 (1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that-

 (A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

 (B) Has an estimated value that exceeds $500,000.

 (2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

(End of Clause)





 



 



 



 



 





252.211-7003



Item Unique Identification and Valuation.



(MAR 2016)



 



 





 



 



 



 



 





ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

 (a) Definitions. As used in this clause

 Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

 Concatenated unique item identifier means

 (1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

 (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

 Data matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

 Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

 DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

 DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

 Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

 Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

 Governments unit acquisition cost means

 (1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

 (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractors estimated fully burdened unit cost to the Government at the time of delivery; and

 (3) For items produced under a time-and-materials contract, the Contractors estimated fully burdened unit cost to the Government at the time of delivery.

 Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

 Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.

 Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

 Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

 Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

 Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

 Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

 Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used agai

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