Pool Maintenance and Service

Amendment 0001 - the close date/time of the solicitation is amended to 7/7/2022 at 10:00AM HST. 

Combined Synopsis/Solicitation

i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This acquisition is conducted using FAR 13.5 - Simplified Procedures for Certain Commercial Items.

ii) Competitive quotes are being requested under Request for Quote (RFQ) Number W912CN-22-Q-0029.

(iii) This solicitation document incorporates provisions and clauses are those in effect through Federal Acquisition Circular FAC 2022-06 Effective: May 26 2022.

(iv) The North American Industry Classification System (NAICS) code applicable to this acquisition is 561790, Other Services to Buildings and Dwellings. The small business size standard is $8.0 million. This procurement is issued as 100% Small Business Set-Aside. Only quotes submitted by Small Business Concerns will be accepted by the Government.

(v) A list of contract line item number(s) and items, quantities, and units of measure:

Clin: 0001 Description OF REQUIREMENTS: Pool Maintenance and Services

EXTENDED DESCRIPTION: Perform monthly maintenance and treat pool water on Fort Wainwright (FWA): in accordance with (IAW) the Performance Work Statement (PWS).

QTY: 12

Unit of Issue: Months

Unit Price:________________________

Extended Price:____________________

Clin: 1001 Description OF REQUIREMENTS: Pool Maintenance and Services

EXTENDED DESCRIPTION: Perform monthly maintenance and treat pool water on Fort Wainwright (FWA): in accordance with (IAW) the Performance Work Statement (PWS).

QTY: 12

Unit of Issue: Months

Unit Price:________________________

Extended Price:____________________

Clin: 2001 Description OF REQUIREMENTS: Pool Maintenance and Services

EXTENDED DESCRIPTION: Perform monthly maintenance and treat pool water on Fort Wainwright (FWA): in accordance with (IAW) the Performance Work Statement (PWS).

QTY: 12

Unit of Issue: Months

Unit Price:________________________

Extended Price:____________________

Clin: 3001 Description OF REQUIREMENTS: Pool Maintenance and Services

EXTENDED DESCRIPTION: Perform monthly maintenance and treat pool water on Fort Wainwright (FWA): in accordance with (IAW) the Performance Work Statement (PWS).

QTY: 12

Unit of Issue: Months

Unit Price:________________________

Extended Price:____________________

Clin: 4001 Description OF REQUIREMENTS: Pool Maintenance and Services

EXTENDED DESCRIPTION: Perform monthly maintenance and treat pool water on Fort Wainwright (FWA): in accordance with (IAW) the Performance Work Statement (PWS).

QTY: 12

Unit of Issue: Months

Unit Price:________________________

Extended Price:____________________

To be considered acceptable and eligible for award, quotes must be complete and including all of the items and services in accordance with the attached “Performance Work Statement.”  The Government will not consider quotes or offers for partial items or quantities.

(vi) Contractors shall review the “Attachment 1 – Performance Work Statement” for the full description of requirements.

(vii) Date(s) and place(s) of delivery and acceptance and FOB point:

The expected Delivery Date for this effort is:

CLINs 0001: POP 14-July-2022 TO 13-July-2023

Option Period 1 - CLINs 1001: POP 14-July-2023 TO 13-July-2024

Option Period 2 - CLINs 2001: POP 14-July-2024 TO 13-July-2025

Option Period 3 - CLINs 3001: POP 14-July-2025 TO 13-July-2026

Option Period 4 - CLINs 4001: POP 14-July-2026 TO 13-July-2027

Delivery locations for CLINs are described below:

CLINs 0001, 1001, 2001, 3001, & 4001: Melaven Gym, Bldg 3452, Santiago Ave, Fort Wainwright, AK 99703, United States

(viii) OFFEROR INSTRUCTIONS

The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (DEC 2021), applies to this acquisition.  The Government intends to award a Firm-Fixed-Price contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation is most advantageous to the Government as defined in the, ‘Evaluation Factors for Award’ section below. A complete quote must be received for consideration. Respond to each item listed below, if the response is “None” or “Not applicable,” explicitly state and explain. The Government may consider quotes that fail to address or follow all instructions to be non-responsive and ineligible for contract award. A complete quote includes a response and submission to each of the following:

1. General Information: Offeror Business Name, Address, Cage, and DUNS Codes (ensure Representation and Certifications are up to date in SAM.gov), Business Size and Type of Small Business based on applicable NAICS Code as provided above, Federal Tax ID, Primary Point of Contact (to include telephone and e-mail address) and provide a GSA contract number if some or all items proposed are on the GSA schedule.

1. Technical Capability Narrative: The quoter shall provide a short two-page document that describes and demonstrates an offers ability to maintain pools of similar size and scope.

1. Price Quote: The quoter shall submit complete pricing for each CLIN listed in the “Description of Requirements” Section above to include the unit price and the extended price for each line item and a total price in US Dollars ($). All options must be priced; partial quotes will not be accepted.

1. Past Performance: The quoter will evaluated in accordance with the following:  

1. 1. DFARS Provision 252.213-7000 Use of Supplier Performance Risk System (SPRS) in Past Performance Evaluation in Past Performance Evaluations (SEP 2019) will be used to conduct the evaluation. A full text of the provision is located below (under section “xiii”).

(ix) Evaluation Factors for Award: The specific evaluation criteria included are Relevant Past Experience, past performance, and price as defined below:

Factor I –  Technical Capability: The contractor shall provide a brief narrative (not to exceed two pages) that demonstrates their experience with community and/or government pool maintenance and similar to the size, scope, and tasking specified in the performance work statement. The narrative shall include a contract number (if available), name and location of pool, a point of contact at the facility including phone number and email, and a summary of the effort and how it relates to the Performance Work Statement for this requirement. The contractor shall include no less than two examples.

Factor II – Past Performance: The Government will evaluate past performance by reviewing all quoters records based on the SPRS’s Supplier Risk Score. In the case of a supplier without a record of relevant past performance history in SPRS for the FSC or PSC of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history. The Government may query other internal databases (e.g. CPARS) at its discretion.

Factor III – Price: The Government will evaluate the total price to determine if it is fair and reasonable. The price quote shall include a unit price for each item and a total firm-fixed-price for all line items inclusive of all option periods. The total firm-fixed-price shall include all applicable taxes and all associated price as outlined in paragraph (v) above.

**Basis for Award: The Government intends to award a firm-fixed-price contract to the responsible offeror meeting solicitation requirements, such as terms and conditions, representations, and certifications in order to be eligible for award. The vendor must be actively registered in the System for Award Management (SAM) at the time of offer submission. In order to arrive at the best value determination, the Government reserves the right to resolve quote deficiencies with one, some, or all contractors at its discretion. Additionally, the quote will be evaluated for a fair and reasonable price. The Government reserves the right to award no contract at all, depending on the quality of quotes submitted and availability of funds.

The Government will evaluate its option to extend services (FAR Clause 52.217-8) by adding one- half of the offerors’ proposed price for the option period to the total proposed amount. Thus, the offerors’ total price for the purpose of evaluation will include the 60- month contract term and one half of the last option period. Offerors will not propose a cost for the six-month period. The extension of services clause will be exercised only if necessary, utilizing the negotiated rates of the preceding period.

(x) Offerors must include a completed copy of the provision at 52.212-3 Alt I (OCT 2014), Offeror Representations and Certifications -- Commercial Items, with its offer.

(xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Products and Commercial Services (DEC 2021), applies to this acquisition.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services (JAN 2022), applies to this acquisition. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses can be accessed in full text at https://www.acquisition.gov/content/regulations.

The following additional FAR clauses and provisions are applicable to this acquisition:

52.203-11

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

SEP 2007 

52.203-12

Limitation on Payments to Influence Certain Federal Transactions

JUN 2020

52.204-7

System for Award Management

OCT 2018

52.204-13

System for Award Management Maintenance

OCT 2018

52.204-16

Commercial and Government Entity Code Reporting

AUG 2020

52.204-17

Ownership or Control of Offeror

AUG 2020

52.204-20

Predecessor of Offeror

AUG 2020

52.212-1

Instructions to Offerors—Commercial Products and Commercial Services

NOV 2021

52.212-3

Offeror Representations and Certifications—Commercial Products and Commercial Services--Alternate I

NOV 2021

52.217-5

Evaluation of Options

JUL 1990

52.222-22

Previous Contracts and Compliance Reports

FEB 1999

52.222-25

Affirmative Action Compliance

APR 1984

52.223-22

Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation

DEC 2016

52.232-40

Providing Accelerated Payments to Small Business Subcontractors

 DEC 2021

52.252-5

Authorized Deviations in Provisions

NOV 2020

The following additional DFARS clauses are applicable to the acquisition:

252.203-7000

Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002

Requirement to Inform Employees of Whistleblower Rights

SEP 2013

252.203-7005

Representation Relating to Compensation of Former DoD

NOV 2011

Officials

252.204-7003

Control of Government Personnel Work Product

APR 1992

252.204-7004

Antiterrorism Awareness Training for Contractors.

FEB 2019

252.204-7008

Compliance With Safeguarding Covered Defense Information

OCT 2016

Controls

252.204-7012

Safeguarding Covered Defense Information and Cyber

DEC 2019

Incident Reporting

252.204-7015

Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016

Covered Defense Telecommunications Equipment or Services

DEC 2019

-- Representation

252.204-7017

Prohibition on the Acquisition of Covered Defense

MAY 2021

Telecommunications Equipment or Services -- Representation

252.204-7018

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7019

Notice of NIST SP 800-171 DoD Assessment Requirements.

MAR 2022

252.204-7020

NIST SP 800-171 DoD Assessment Requirements.

MAR 2022

252.215-7007

Notice of Intent to Resolicit

MAR 2022

252.215-7008

Only One Offer

JUL 2019

252.213-7000

Notice to Prospective Suppliers on Use of Supplier

SEP 2019

Performance Risk System in Past Performance Evaluations

252.223-7008

Prohibition of Hexavalent Chromium

JUN 2013

252.225-7012

Preference For Certain Domestic Commodities

DEC 2017

252.225-7048

Export-Controlled Items

JUN 2013

252.226-7001

Utilization of Indian Organizations and Indian-Owned

APR 2019

Economic Enterprises, and Native Hawaiian Small Business

Concerns

252.232-7003

Electronic Submission of Payment Requests and Receiving

DEC 2018

Reports

252.232-7010

Levies on Contract Payments

DEC 2006

252.237-7010

Prohibition on Interrogation of Detainees by Contractor

JUN 2013

Personnel

252.243-7002

Requests for Equitable Adjustment

DEC 2012

252.244-7000

Subcontracts for Commercial Items

JAN 2021

252.247-7022

Representation of Extent of Transportation by Sea.

JUN 2019

252.247-7023

Transportation of Supplies by Sea

FEB 2019

(xiii) The following additional contract requirement(s) or terms and conditions apply to this acquisition.

Attachment 1 – Performance Work Statement (PWS OPERATION AND MAINTENANCE INDOOR SWIMMING POOL) dated 7 February 2022 

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract , subcontract , or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services —Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services , or any equipment , system, or service that uses covered telecommunications equipment or services " in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions . As used in this provision—

Backhaul , covered telecommunications equipment or services , critical technology , interconnection arrangements , reasonable inquiry , roaming , and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .

(b) Prohibition.

 (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul , roaming , or interconnection arrangements ; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services , regardless of whether that use is in performance of work under a Federal contract . Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul , roaming , or interconnection arrangements ; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services ".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract , subcontract or other contractual instrument resulting from this solicitation . The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment , system, or service that uses covered telecommunications equipment or services . The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. 

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment —

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier , CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

 (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer :

(i) For covered equipment —

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier , CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in 4.2105(c), insert the following provision:

Covered Telecommunications Equipment or Services -Representation (Oct 2020)

(a) Definitions . As used in this provision, "covered telecommunications equipment or services " and "reasonable inquiry " have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services ".

(c) 

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract , subcontract , or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services , or any equipment , system, or service that uses covered telecommunications equipment or services .

(End of provision)

252.213-7000 Use of Supplier Performance Risk System (SPRS) in Past Performance Evaluation in Past Performance Evaluations Applies (SEP 2019)

(a) The Supplier Performance Risk System (SPSR) application

(https://www.sprs.csd.disa.mil) will be used in the evaluation of suppliers’ past performance in accordance with DFARS 213.106-2 (b)(i).

(b) SPRS collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier’s performance history by Federal supply class (FSC) and product or service code (PSC). The SPRS application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies being purchased.

(c) The quality and delivery classifications identified for a supplier in SPRS will be used by the contracting officer to evaluate a supplier’s past performance in conjunction with the supplier’s references (if requested) and other provisions of this solicitation under the past performance evaluation factor. The Government reserves the right to award to the supplier whose quotation or offer represents the best value to the Government.

(d) SPRS classifications are generated monthly for each contractor and can be reviewed by following the access instructions in the SPRS User’s Manual found at 1ttps://www.sprs.csd.disa.mil/reference.htm. Contractors are granted access to SPRS for their own classifications only. Suppliers are encouraged to review their own classifications, the SPRS reporting procedures and classification methodology detailed in the SPRS User's Manual, and SPRS Evaluation Criteria available from the references at https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf. The method to challenge a rating generated by SPRS is provided in the User’s Manual.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

 XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

       (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

       (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109- 282) (31 U.S.C. 6101 note).

       (5) [Reserved]

         (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

         (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

       (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

       (10) [Reserved]

       (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

       (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

       (13) [Reserved]

XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

       (ii) Alternate I (MAR 2020) of 52.219-6.

       (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

       (ii) Alternate I (MAR 2020) of 52.219-7.

       (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

       (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

       (ii) Alternate I (NOV 2016) of 52.219-9.

       (iii) Alternate II (NOV 2016) of 52.219-9.

       (iv) Alternate III (JUN 2020) of 52.219-9.

       (v) Alternate IV (SEP 2021) of 52.219-9.

       (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

       (ii) Alternate I (MAR 2020) of 52.219-13.

       (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

       (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

       (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

        (ii) Alternate I (MAR 2020) of 52.219-28.

       (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

       (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

       (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

       (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

       (ii) Alternate I (FEB 1999) of 52.222-26.

XX (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

       (ii) Alternate I (JUL 2014) of 52.222-35.

XX (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

       (ii) Alternate I (JUL 2014) of 52.222-36.

XX (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

XX (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

       (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

       (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

       (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

        (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

        (ii) Alternate I (OCT 2015) of 52.223-13.

        (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

         (ii) Alternate I (JUN 2014) of 52.223-14.

       (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

       (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

       (ii) Alternate I (JUN 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

       (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

       (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

       (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

       (ii) Alternate I (JAN 2017) of 52.224-3.

       (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

       (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (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 (JAN 2021) of 52.225-3.

       (iii) Alternate II (JAN 2021) of 52.225-3.

       (iv) Alternate III (JAN 2021) of 52.225-3.

       (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

        (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

       (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

       (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

        (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

       (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

       (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31

U.S.C. 3332).

       (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

       (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

        (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

        (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

       (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

       (ii) Alternate I (APR 2003) of 52.247-64.

       (iii) Alternate II (NOV 2021) of 52.247-64.

1. 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 products and commercial services: [Contracting Officer check as appropriate.]

XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

XX (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

       (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

       (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

       (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

       (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

       (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

1. Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

1. if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

1. 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.

1. 1. 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.
   2. 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.

1. (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 products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

1. 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

1. 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

1. 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

1. 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

1. 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

1. 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

1. 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

1. 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

1. 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

1. 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

1. 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.

1. 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

2. XX (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

       (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

1. 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

1. 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

1. 52.222-54, Employment Eligibility Verification (NOV 2021) (E. O. 12989).

1. 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).
2. 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

1. (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

1. 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

1. 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

1. 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

1. While not required, the Contractor may include in its subcontracts for commercial products and commercial services 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 10 days of contract expiration.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 60 months.

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a)           Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Briana M Watkins Contracting Officer

742 Santos Dumont Ave Wahiawa, HI 96786 briana.m.watkins.civ@army.mil

(b)           The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov/

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/

(End of clause)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

52.252-6    AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f)  WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i)  For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A)  That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2-in-1

(iii)  For customary progress payments based on costs incurred, submit a progress payment request.

(iv)  For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF        Data to be entered in WAWF

Pay Official DoDAAC        HQ0490

Issue By DoDAAC              W912CN

Admin DoDAAC**             W912CN

Inspect By DoDAAC          WC1JUJ

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Contract Specialist: Patrick L. Floyd II. Email: patrick.l.floyd2.mil@army.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

(xiv) The Defense Priorities and Allocations System (DPAS) and assigned rating is not used for this requirement.

(xv) DUE DATE AND SUBMISSION INFORMATION

Formatting Requirements: Submit quotes in electronic PDF.

Questions Due Date and Submission Requirements: All questions must be received before June 30, 2022 @ 1100HRS, Hawaii Time. Questions must be e-mailed to both patrick.l.floyd2.mil@army.mil AND briana.m.watkins.civ@army.mil.  Include RFQ# W912CN-22-Q-0029 on all inquiries. Questions may be addressed at the discretion of the Government.

RFQ Due Date and Submission Requirements: This RFQ closes on July 5, 2022 @ 1100hrs Hawaii Time. 

(xvi) Government RFQ Point of Contract: The point of contact for this solicitation is Contract Specialist Patrick L. Floyd II at patrick.l.floyd2.mil@army.mil.  Reference RFQ# W912CN-22-Q-0029 on all email exchanges regarding this acquisition.