Polygraph Services for Military Correctional Complex (MCC), Fort Leavenworth, Kansas
This is a Notice to Vendors stating the Government's intent to enter into a Blanket Purchase Agreement (BPA) for Polygraph services with qualified vendors under the parameters listed in this document. This information is prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only notice of the Governments intent to establish this Blanket Purchase Agreement. Proposals from qualified vendors detailing their company's ability to fulfill the requirements stated in the body of this document are being requested and a written solicitation will not be issued.
This solicitation is for professional Polygraph services from an examiner who is accredited by the American Polygraph Association and meets professional credentialing standards for conducting sex offender polygraphs. It is estimated that 40 polygraph exams will be needed during the base year of this BPA. The vendor chosen for this BPA will be required to conduct examinations according to American Polygraph Association standards for inmates of the Military Correctional Complex (MCC), Fort Leavenworth, Kansas during the course of a year. The MCC consists of the United States Disciplinary Barracks (USDB) and the Joint Regional Confinement Facility (JRCF). This BPA is being solicited under the North American Industry Classification System Code (NAICS) 561611: Polygraph services.
If a Blanket Purchase Agreement is entered into with a qualified business it is expected to be awarded as a one (1) year Blanket Purchase Agreement (BPA) with four (4) option years, re-evaluated annually. This acquisition is for Polygraph service and supports the continued operational efforts at Fort Leavenworth, KS.
This solicitation is being issued as a Sources Sought. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-71.
The Blanket Purchase Agreement does not state or imply any agreement by the Government to place future contracts or orders with the contractor or be used in any manner to restrict competition. The Government is only obligated to the extent of authorized calls placed against the Blanket Purchase Agreement.
REQUIREMENTS:
1. SCOPE OF WORK: An examiner who is accredited by the American Polygraph Association and meets professional credentialing standards for sex offender polygraphs shall conduct an estimated 40 polygraph examinations according to American Polygraph Association standards for inmates of the Military Correctional Complex (MCC), Fort Leavenworth, Kansas during the course of a year. The MCC consists of the United States Disciplinary Barracks (USDB) and the Joint Regional Confinement Facility (JRCF).
1.1 SECURITY. Examiners will meet MCC security policies as outlined in paragraph 2 below.
1.2 RESPONSIBILITIES. The contractor shall perform Polygraph examinations as requested by the Directorate of Treatment Programs (DTP) in preparation for sex offender treatment groups (SOT). The contractor shall provide the polygraph instruments to include recording devices with which to conduct the examinations. The MCC shall provide a private office, desk, electricity, and two desk chairs.
1.3 POLYGRAPH QUESTIONS. The contractor shall coordinate with representatives from DTP to establish the questions to be asked for polygraph sexual histories.
1.4 VIDEO RECORDINGS. The contractor shall video record all Polygraph examinations retain them for a period of 10 years. The examiner shall provide to DTP any videos upon request. DTP shall return videos to the contractor immediately after use.
1.5 WRITTEN REPORTS. The contractor shall provide a written report of polygraph results to the MCC to include:
1.51 a brief description of the procedure
1.52 details concerning the sexual behaviors admitted by inmate during interview
1.53 lists of relevant questions asked during the polygraph
1.54 the inmate's responses
1.55 statement of examiner's opinion regarding the veracity of responses
1.56 subsequent admissions made by inmate during post-examination interview.
1.6 The contractor shall provide the written report for each completed polygraph to DTP no later than the second business day after the examination.
1.7 GOVERNMENT COORDINATION AND NUMBER OF POLYGRAPHS. DTP will coordinate with the examiner to schedule polygraph exams at least three weeks prior to the desired testing dates. Testing may occur at either the USDB or the JRCF. Normally, on testing days, the polygraph examiner will test one subject each morning and one subject each afternoon. It is however noted that on occasion a particularly extensive or complicated sexual history will require an entire day of testing. A total number of 15 tests will be completed over the course of the contract.
1.8 POLYGRAPH EXCEPTIONS. On occasion DTP may require re-testing or initial testing that will not correspond with the work outlined above. If an examiner is available, the examiner will remain open to providing additional work during such times.
1.9 BRIEFING INMATES AND CONSENT FORMS. The examiner will provide a briefing about the polygraph examination to inmates being screened for participation in sex offender treatment. The briefing will consist of informing the eligible inmates of the nature and purpose of the polygraph procedure, answering inmate's questions regarding the polygraph, and obtaining a signed consent form from those inmates agreeing to participate in the procedure.
2. GENERAL INFORMATION TO ALL CONTRACTORS:
2.1. THE MILITARY CORRECTIONAL COMPLEX AT FORT LEAVENWORTH, KANSAS. The Military Correctional Complex (MCC) at Fort Leavenworth, Kansas consists of the United States Disciplinary Barracks (USDB), its satellite Trusty Unit (TU) and the Joint Regional Correctional Facility (JRCF). The USDB is a Level III maximum security military prison. The JRCF is a Level II medium security military prison.
2.2. FINAL DECISION AUTHORITY. The Commander, 15th Military Police Brigade serves as the final decision authority on all matters pertaining to both prisons of the MCC.
2.21. REMOVAL AND DISMISSAL. The Commander, 15th Military Police Brigade may temporarily suspend and/or bar Contractors or Contractor employees from MCC facilities for reasonable cause. Reasonable cause includes actual or attempted violations of MCC, USDB or JRCF policies and/or security procedures; and actions the Commander deems may threaten or compromise the security of the MCC, including the results of a Criminal History Background Check.
2.211. If a Contractor or Contractor employees are temporarily suspended pending review, their access to MCC facilities and/or grounds is denied. Their badge is confiscated and turned into the Information System Security Office and the individual's picture, name, rank, organization, effective date, and badge number (if applicable) is entered into the MCC Gate Program and added to the USDB/JRCF Bar Roster. Upon completion of the review by the Commander, notification will be made in writing of the results.
2.2111. If the review determines the Contractor or Contractor employees shall be permanently barred from MCC facilities in the best interest of the MCC, the Contractor will be notified and the individual concerned will be permanently barred from MCC facilities and/or grounds. As applicable, the relevant licensing body shall be notified.
2.2112. If the review determines the infraction does not warrant permanently barring the individual from MCC facilities but re-training is required, the Contractor will be notified and the individual will be re-instated once the training is completed.
2.3. RULES AND RESTRICTIONS. Access to and work inside the MCC is subject to the below restrictions:
2.31. PRISON RAPE ELIMINATION ACT (PREA). All Contractors or Contractor employees shall comply with all MCC PREA Regulations, Standing Operating Procedures (SOPs), and policies. Any disclosure of sexual abuse or sexual harassment by inmates or staff on inmates will be reported to the nearest security staff member. The security and safety of all concerned parties shall be paramount.
2.32. SAFETY. All Contractors or Contractor employees shall comply with all MCC Safety Regulations, SOPs, and policies. All Contractors or Contractor employees shall immediately notify MCC staff when they observe, or are subject to safety violations. The security and safety of all concerned parties shall be paramount.
2.33. PHYSICAL SECURITY. The Contractor shall submit an employee access roster to the Contracting Officer's Representative (COR). The access roster shall be a list of all Contractor employees to include names, social security numbers and birth dates; and/or Contractor vehicles (if applicable), to include types of vehicles, color and license plates. The Contractor shall submit access rosters to the COR at least ten working days before their employees begin work to allow the MCC Information Systems Security Office time to conduct Criminal History Background Checks. Criminal History Background Checks will be conducted each time the contract is renewed or an option year is awarded. The Contractor shall notify the COR in writing a minimum of ten working days in advance to add employees or equipment to the work force. The Contractor shall immediately notify the COR in writing should a Contract employee(s) need to be removed from the work force.
2.331 BACKGROUND CHECKS. The Government reserves the right to deny Contractors or Contractor employees access to the USDB or the JRCF, should the results of a security investigation or Criminal History Background Check determine them a security risk.
2.3311. Neither the MCC nor the Contractor shall hire or promote anyone who may have contact with inmates, and shall not enlist the services of any sub-contractor or employee who may have had contact with inmates, who -
2.3312. Has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997;
2.3313. Has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or
2.3314. Has been civilly or administratively adjudicated to have engaged in the activity described in paragraph 2.3313.
2.3315. The Contractors shall not omit material instances of sexual misconduct described in 2.3311, 2.3312, 2.3313, or 2.3314 above, nor provide materially false information with respect thereto. Material omissions regarding such misconduct, or the provision of materially false information, shall be grounds for termination.
2.332. INSPECTION AND SEARCH. All Contractors or Contractor employees, vehicles and materials shall be subject to inspection and search upon entry into and exit from the USDB or the JRCF. Except for emergency vehicles (fire trucks and ambulances), Contractors or Contractor employees and vehicles shall be given first priority in entering and departing the USDB or the JRCF. All Contractors or Contractor employees shall obey special handling or parking instructions for equipment that could be used to breach security when idle. When USDB or JRCF Corrections Specialists search Contractor vehicles entering or leaving the USDB or the JRCF, all Contractors or Contractor employees shall exit their vehicle, shut the engine off, and open all doors and compartments.
2.4. RULES OF CONDUCT. All Contractors or Contractor employees shall read and comply with ACC Policy Letter #17, Standards of Conduct; 15th Military Police Brigade Regulation 190-3, Rules of Conduct; and MCC Regulation 1-2, Prison Rape Elimination Act (PREA) in its entirety, and sign a Statement of Understanding (SOU) prior to beginning work.
2.41. SOU PROCESSING. The Contractor shall attach Contractor employees' SOU to the access rosters submitted to the Physical Security Officer in accordance with paragraph 2.33 above in order to process individual Contractor or Contractor employees for clearance.
2.42. ENTRY AND EXIT POINTS. Contractors or Contractor employees shall enter and exit the USDB or JRCF through either the Main Entrance or the West Gate.
2.43. BADGES. Contractors or Contractor employees will either be issued Special Staff Badges, Black Contractor Badges, or Red Visitor Badges. The badge shall be worn on the outer garment at all times. Contractors or Contractor employees who lose a badge must immediately report the loss to the Physical Security Officer.
2.431. SPECIAL STAFF BADGES. Contractors or Contractor employees who require a Special Staff Badge to perform their duties shall attend the 15th Military Police Brigade Pre-Service and any required follow-on training before receiving their Special Staff Badge. Contractors or Contractor employees shall pick up and turn in their Special Staff Badge at the main entrance of either the USDB or the JRCF. Special Staff Badges require one form of photo identification.
2.432. BLACK CONTRACTOR BADGES. Contractors or Contractor employees will sign for Black Contractor badges when entering and leaving the USDB or JRCF. Black Contractor Badges require one form of photo identification.
2.433. RED VISITOR BADGES. Contractors or Contractor employees who do not have a Special Staff Badge or Black Contractor Badge, will report to the main entrance of either the USDB or the JRCF and provide two forms of identification; one must be a photo identification to receive a red numbered badge. All Contractors or Contractor employees who receive a red badge will be escorted at all times while inside either facility.
2.44. VEHICLES. Contractor vehicles will not be permitted to enter or depart the USDB or JRCF West Gates between 1100 and 1230, except those deemed necessary to complete ongoing work. Privately-owned vehicles will not be allowed in the secure perimeter of the USDB or JRCF. Contractor or Contractor employees will not leave vehicle keys in the ignition switch at any time the vehicle is unoccupied. Contractor or Contractor employees will lock all unattended Contractor vehicles. Contractors or Contractor employees will render inoperable all idle contractor vehicles, or equipment without key ignitions.
2.45. CONDUCT INSIDE THE MCC. Once inside the secure perimeter of the USDB or JRCF, Contractors or Contractor employees shall travel only from the Main Gate entrance or the West Gate entrance to the Contractor's work site. All Contractors or Contractor employees will remain at designated work sites. Correctional Specialists will escort Contractors or Contractor employees who require access to additional work sites.
2.46. INTERACTION WITH INMATES. Contractor or Contractor employees are not permitted to talk with inmates, except as actual work may require. Contractor or Contractor employees shall not give or accept any items from inmates at any time. If there are problems with inmates, a Correctional Specialist or the Physical Security Officer will be notified.
2.47. CONTRABAND ITEMS. The following items are contraband, and Contractor or Contractor employees will not bring them through the Main Entrance or West Gate of the USDB or JRCF:
Guns or firearms of any type, and their component parts, including, but not limited to, ammunition clips or magazines.
Explosives and ammunition.
Incendiary devices or mechanical or chemical components thereof.
Knives (including pocketknives).
Razor blades or blades of any type.
Narcotics and nonprescription drugs. This does not include a limited supply of over the counter medications (e.g., aspirin, acetaminophen, ibuprofen, cold medicines), stored in their original containers.
Intoxicants or alcoholic beverages.
Currency not carried on the person or contained in a purse or handbag accompanying the person.
Cellular phones and radio transmitters (not specifically authorized by the USDB Deputy Commandant or the JRCF Deputy to the Commander, as applicable).
Photographic equipment, including, but not limited to, cameras and film.
Printed material and media not in compliance with MCC Regulation 28-1, Mail Screening Policy and Procedures.
WiFi, Bluetooth and recording devices, including, but not limited to, MP3 players, iPods, portable hard drives, thumb drives; as well as any headphones and listening devices. Only government purchased memory storage devices may be used on government owned machines and must be approved by the Information Systems Security (ISS) Office.
Extra clothing not worn at the job site.
Glass containers (unless approved by the USDB Deputy Commandant or JRCF Deputy to the Commander, as applicable).
Metal fingernail files.
Metal eating utensils (e.g., forks, spoons, knives).
Weight-lifting dietary supplements (e.g., creatine). This does not include a limited supply of diet or food items (e.g. Slim Fast).
Personally owned or retained handcuff keys or picklocks.
Tobacco of all kinds, including, but not limited to, cigarettes, cigars, cigarillos, and loose tobacco.
Smoking-related products of all kinds, including, but not limited to, pipes, lighters, matches, e-cigarettes.
Smokeless tobacco, including, but not limited to, chewing tobacco, snuff, pouches, etc. (even if contained in the mouth).
2.48. TOOLS. Contractor or Contractor employees will secure all tools and equipment under lock and key at all times, unless in actual use.
2.49. EXCEPTIONS. The Commander, 15th Military Police Brigade may grant exceptions to the above instructions on a case-by-case basis. Contractors shall submit exception requests to specific items above to the Contracting Officer, Fort Leavenworth, KS three (3) weeks prior to the proposal response date. If an exception is approved, all offerors in receipt of the Request for Proposal will be so notified before the proposal response date. Exceptions to these instructions after work commences will generally not be granted. However, should unanticipated circumstances require a request for exception; Contractors will submit exception requests in writing as soon as the circumstances become known; but in no case, less than three (3) working days prior to the desired effective date of the exception.
The offeror(s) shall include descriptive literature such as brochures or other relevant information that fully describes their business and their ability to complete the required services.
In addition to the required information listed above, Please submit the following information pertaining to your company with each quote:
Cage Code
DUNS number
Prompt Payment Terms
Date offer expires.
SPECIFICATIONS OF THE REQUIREMENT:
Specifics pertaining to the services required are listed in this Sources Sought Document; any additional information required by a potential vendor should be posed to the contracting offices representative listed later in this document.
The FAR and DFARS provisions and clauses incorporated into this solicitation are available to be viewed on the attached solicitation. Among those is a requirement for electronic invoicing and payment. Government credit cards will not be used for payment. Quotes are due no later than 16:00am (CST) on 22 September, 2014.
All proposals shall reference number W912F4-14-BPA-POLYGRPH on all correspondence. The point of contact for this solicitation is Kevin J. Doody, Contract Specialist, at kevin.j.doody.mil@mail.mil. All quotes should be sent to kevin.j.doody.mil@mail.mil.
Local Instructions:
PAY AND CONFIRM POLICY:
Defense Finance and Accounting Service (DFAS) uses a quote mark pay and confirm quote mark process whereby payment of invoices will be made promptly with subsequent verification of receipt and acceptance of goods. Cardholders will attempt to resolve issues such as defective goods and/or services, unauthorized charges, and items billed but not yet received with the Contractor first. Cardholders have 60 days from receipt of the Monthly Statement to dispute a transaction. Tax (see paragraph (k) of this clause) and transportation charges may not be disputed; however, if these charges are not authorized when the cardholder orders the items listed in the contract, a credit shall be received from the Contractor.
2. Paragraph (k) -
All supplies and services provided under this contract are for the exclusive use of the United States Government. We are not a commercial enterprise or corporation of any sort. Our tax exemption number issued by the State of Missouri is 1401570. Also, per K.A.R. 92-19-77, sales to the United States, its agencies and instrumentalities, we are also exempt from sales tax for the State of Kansas. In accordance with the Federal
Acquisition Regulations, FAR 29.305, we hereby acknowledge and claim Federal, State, and local excise tax exemption.
LEGAL PUBLIC HOLIDAYS (4516)
The following is a list of legal public holidays, which is provided for informational purposes in which the government will not be open for business.
New Year's Day....................1 January
Martin Luther King's Birthday.....third Monday in January
Presidents' Day...................third Monday in February
Memorial Day......................last Monday in May
Independence Day..................4 July
Labor Day.........................first Monday in September
Columbus Day......................second Monday in October
Veterans' Day.....................11 November
Thanksgiving Day..................fourth Thursday in November
Christmas Day.....................25 December
NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday.
RESTRICTED ACCESS TO MILITARY INSTALLATION (4600)
A. The work to be performed under this contract is located on the Fort Leavenworth military installation. As of January 1, 2002, the installation will institute 100% controlled access. Controlled access means there will be military police located at the entry gates. Vehicles entering the installation may be subject to stop and search procedures. At times of increased security alerts, control may be increased or access may be restricted completely. Some gates may be closed during periods of the day or night.
B. The Contractor may be responsible for furnishing to each employee, and for requiring each employee engaged on the work, to display or possess identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer for cancellation upon the release of any employee.
C. Contractors shall obtain a vehicle registration pass for each contractor vehicle and for each contractor-employee's private vehicle brought onto the installation. To register a vehicle, the operator will be required to provide proof of vehicle registration, driver's license and proof of insurance. Passes issued to contractors and their employees are valid for 90 days and must be renewed upon expiration.
D. Prior to vehicle registration, contractors shall provide a roster of all employees' names who will access the Fort during the performance of the contract. That roster shall be provided to the Contracting Officer and to the PMO. That roster shall be subsequently updated by the contractor as changes occur and provided to the Contracting Officer and to the PMO.
ANTI-TERRORISM
LEVEL I ANTITERRORISM
5152.209-4000 DOD LEVEL I ANTITERRORISM (AT) STANDARDS (FEB 2009)
(a) Pursuant to Department of Defense Instruction Number 2000.16, quote mark DoD Antiterrorism (AT) Standards, quote mark dated October 2, 2006, each contractor employee requiring access to a Federally-controlled installation, facility and/or Federally-controlled information system(s) shall complete Level I AT Awareness Training on an annual basis and receive a certificate of completion. The training is accessible from any computer and is available at https://atlevel1.dtic.mil/at/. The contractor is responsible for ensuring that all applicable employees have completed antiterrorism awareness training and shall certify that their workforce has completed the training through the submission of completion certificate(s) to the Contracting Officer and the Contracting Officer's Representative (if appointed) within five working days after contract award or prior to access to a Federally-controlled installation or information system.
(b) In the event that the automated system at https://atlevel1.dtic.mil/at/ is not available (e.g., server problems), Level I AT Awareness Training can be provided by a qualified instructor. However, if the training is not completed online, the Level I AT Awareness Instructor qualification must be coordinated with the Installation Antiterrorism Officer (or Installation Security equivalent) and the resultant name(s) of approved instructors shall be provided the contracting officer or designee along with all associated cost or schedule impacts to the contract.
(c) Antiterrorism performance (Level I AT Awareness Training attendance and compliance) may be documented as a performance metric under the resultant contract, and be part of past performance information in support of future source selections.
(End of clause)
CONTRACT ADMINISTRATION
RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT
a. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer alone is authorized to the extent indicated in the contract to take action on behalf of the government which results in changes in the terms of the contract, including deviations from specifications, details and delivery schedules. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the Contracting Officer.
b. No oral statement of any person will in any manner or degree shall modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.
c. All matters pertaining to Government administration of this contract should be directed to:
ATTN: Kevin Doody, Contract Specialist
MICC Ft. Leavenworth
535 Kearny, Bldg 338
FORT LEAVENWORTH, KS 66027-1417
TELEPHONE NUMBER: 913-684-1625
FAX NUMBER: 913-684-3858
E-MAIL: Kevin.j.doody.mil@mail.mil
OR
ATTN: Christy Herbig, Contracting Officer
MICC-DOC Ft. Leavenworth
535 Kearny, Bldg 338
FORT LEAVENWORTH, KS 66027-1417
TELEPHONE NUMBER: 913-684-1644
FAX NUMBER: 913-684-3858
E-MAIL: Christy.m.herbig.civ@mail.mil
POINTS OF CONTACT
Vendor POC:
Customer POC: Bell, David
Clauses:
EXTENT OF OBLIGATION
The Government is only obligated to the extent of the purchases actually placed against this Blanket Purchase Agreement (BPA) by authorized personnel.
This agreement may be discontinued at any time, upon 30 days' written notice by either party. Discontinuing or modifying this agreement shall not affect any prior task orders incorporated in the basic agreement. The agreement shall be reviewed annually before the anniversary of it's effective date and revised as necessary to conform to the requirements of the acquisition regulations.
EXECUTIVE LEVEL AGENCY PROTEST
Local Clause 5152.233-4000, AMC-Level Protest Program (Nov 2008)
If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.10. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.
HQ Army Material Command
Office of Command Counsel
9301 Chapek Rd, Room 2-1SE3401
Ft. Belvoir, VA 22060-5527
Facsimile number (703) 806-8866 or 8875
Packages sent by FedEx or UPS should be addressed to:
HQ Army Material Command
Office of Command Counsel
Room 2-1SE3401
1412 Jackson Loop
Ft. Belvoir, VA 22060-5527
The AMC-Level Protest procedures are found at: http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp.
If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.
(End of Provision)
ADDITIONAL TERMS & CONDITIONS
Additional Terms and Conditions
The type of contract is a Blanket Purchase Agreement (BPA). All quantities represented in the solicitation and resulting BPA are estimated quantities.
Additionally if items become unavailable, the contractor will be responsible for contacting the Contracting Office to inform and negotiate any possible solutions.
The Point Of Contact (POC) for the government for orders placed against this BPA are:
Samantha Culbertson, DPW Government Purchase Card Holder
Robin Warninghoff, DPW Government Purchase Card Holder
Both are authorized to place orders up to the BPA Single Call Order Limit. Usage will be monitored by the POC.
Section I - Contract Clauses
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2014)
(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5).
___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).
____ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-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.
____ (16) 52.219-8, Utilization of Small Business Concerns (July 2013) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (July 2013) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Oct 2001) of 52.219-9.
____ (iii) Alternate II (Oct 2001) of 52.219-9.
____ (iv) Alternate III (Jul 2010) 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 (NOV 2011) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
____ (ii) Alternate I (June 2003) of 52.219-23.
____ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (July 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
____ (23) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
____ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
X (25) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).
____ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).
X (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).
X (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
X (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
____ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
X (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
____ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
____ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
____ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of
commercial items as prescribed in 22.1803.)
____ (37)(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.)
____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
____ (ii) Alternate I (Dec 2007) of 52.223-16.
X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
____ (41) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d).
____(42)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) (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 (MAR 2012) of 52.225-3.
(iii) Alternate II (MAR 2012) of 52.225-3.
(iv) Alternate III (NOV 2012) of 52.225-3.
____ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
____ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332).
____ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332).
X (52) 52.232-36, Payment by Third Party (July 2013) (31 U.S.C. 3332).
____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
_____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.).
_____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
_____ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).
_____ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
_____ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).
(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xv) 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 5 days of expiration of contract.
(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 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 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 5 years.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
(End of clause)
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items SEP 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013
252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011
252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013
252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7001 Buy American And Balance Of Payments Program DEC 2012
252.225-7021 Trade Agreements OCT 2013
252.225-7036 Buy American--Free Trade Agreement--Balance of Payments Program DEC 2012
252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card DEC 2006
252.232-7010 Levies on Contract Payments DEC 2006
252.244-7000 Subcontracts for Commercial Items JUN 2013
Kevin Doody, 314-483-5599
MICC - Fort Leavenworth
