Inactive SBA Certified Women-Owned Small Business (WOSB) Program Set-Aside (FAR 19.15)

MEMORANDUM FOR ALL PROSPECTIVE OFFERORS FROM: 366TH FINANCIAL ACQUISITION SQUADRON 366 GUNFIGHTER AVE, BLDG 512, STE 2102 MOUNTAIN HOME AFB, IDAHO 83648-5258 SUBJECT: Request for Quotation, FA489719QA... MEMORANDUM FOR ALL PROSPECTIVE OFFERORS FROM: 366TH FINANCIAL ACQUISITION SQUADRON 366 GUNFIGHTER AVE, BLDG 512, STE 2102 MOUNTAIN HOME AFB, IDAHO 83648-5258 SUBJECT: Request for Quotation, FA489719QA141, Waste Water Treatment Plant 1. The 366th Financial Acquisition Squadron at Mountain Home Air Force Base, Idaho intends to establish a Firm Fixed Price non-personal services contract for Waste Water Treatment Plant IAW the attached performance work statement (PWS). 2. General Information: 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. Additionally, the Government will utilize simplified procedures in accordance with (IAW) FAR Part 13 and will set the acquisition aside IAW FAR Part 19 for women-owned small business (WOSB). Pursuant to FAR 19.1503(b)(3), offerors must have all required WOSB eligibility documents in the WOSB Program Repository currently available at Certify.SBA.gov (Certify), at the time of their initial offer on the instant procurement. The list of required documents is provided in FAR 19.1503(c). If the apparent successful offeror does not have all documents in the WOSB Program Respository currently available at Certify.SBA.gov, it will be referred to the U.S. Small Business Administration (SBA) for a WOSB status protest. Offerors that need assistance in submitting the documents to Certify are advised to contact the SBA Office of Government Contracting at wosb@sba.gov. Notice Type: Combined Synopsis/Solicitation Solicitation Number: FA489719QA141 Title: Waste Water Treatment Plant Posted Date: 15 July, 2019 Solicitation Response Date: No later than 2 pm. MST. 26 July 2019 Estimated Award Date: 1 Oct 2019 Set Aside: Women Owned Small Business NAICS Code: 221320 - Sewage Treatment Facilities Point of Contact: A1C Christian Westbrook, christian.westbrook@us.af.mil, 208-828-6470 and Mrs. Hornbeck, carmela.hornbeck@us.af.mil, 208-828-3693 3. This combined synopsis/solicitation is issued as a Request for Quotation (RFQ) with solicitation number FA489719QA141. 4. A statement that the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-02 effective 5 June 2019, Defense Acquisition Circular 20190215 effective 15 February 2018, and Air Force Acquisition Circular Revision 2018-0525 effective 25 May 2018. 5. The North American Industry Classification System (NAICS) code for this solicitation is 221320 - Sewage Treatment Facilities. The small business size standard is $20.5M. 6. The contractor is responsible for providing all labor and supplies for the operation and maintenance (O&M) of the bases wastewater treatment facility in accordance with (IAW) the PWS. Urgent and emergency service shall be coordinated on an as-needed basis and the contractor is responsible for complying with timely services IAW the PWS. The following table contains the description of requirements for the Contract Line Item Numbers (CLIN) items, the location services are to be performed, and the period of performance. Quote Summary Sheet CLIN Description Quantity Unit Cost per Unit Total (USD $) (USD $) 0001 O&M WWTP 12 Mo 0002 Over and Above(O&A) 12 Mo 0003 Bio solids disposal 12 Mo 1001 O&M WWTP 12 Mo 1002 Over and Above(O&A) 12 Mo 1003 Bio solids disposal 12 Mo 2001 O&M WWTP 12 Mo 2002 Over and Above(O&A) 12 Mo 2003 Bio solids disposal 12 Mo 3001 O&M WWTP 12 Mo 3002 Over and Above(O&A) 12 Mo 3003 Bio solids disposal 12 Mo 4001 O&M WWTP 12 Mo 4002 Over and Above(O&A) 12 Mo 4003 Bio solids disposal 12 Mo (US Dollars $) TOTAL Period of Performance: 1 Oct. 2019 - 30 Sep. 2024 Place of Performance: 366 CES - F3F3CE Mountain Home AFB, ID 83648 Vendor Information Ordering Address Point of Contact Phone Number Fax Number E-Mail Address Quote Date Cage Code Web Address 7. ADDENDUM TO 52.212-1, Instructions to Offerors-Commercial Items. QUOTE PREPARATION INSTRUCTIONS Submission of Offers To assure timely and equitable evaluation of the quote, the offeror must follow the instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The response shall consist of two (2) separate parts; Part I - Quote Price, Part II - Past Performance Information, and Contractor must provide certification as an Idaho Class III Wastewater Treatment Plant Operator and Land Application Operator on the contract start date. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional data will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information other than cost or pricing data to support a determination of price reasonableness and affordability of the price. Specific Instructions: A. QUOTE PRICE - Submit one (1) copy (a) Provide a summarized quote sheet that is no more than two (2) pages in length. The summary shall clearly provide the price per each contract line item number (CLIN) for each year. In accordance with the solicitation, the quote(s) must be submitted for a base year plus four (4) option years. B. TECHNICAL CAPABILITY AND PAST PERFORMANCE INFORMATION - Only references for relevant contracts are desired. Submit one (1) copy. (1) Quality and Satisfaction Rating for Contracts Completed in the Past Three Years: Provide past performance information for relevant contracts performed in the last three years from date of solicitation. Relevant contracts include those that are similar in scope and magnitude of effort and complexity to this solicitation requirements. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns and extended performance periods. Only references for the same or similar type contracts are desired. Relevant performance includes performance of efforts involving waste water treatment plant operations and maintenance that are similar or greater in scope, magnitude, and complexity of the effort described in this solicitation. The government will evaluate the quality and extent of offers' performance deemed relevant to the requirements of this solicitation. (2) Past Performance Information: Provide a list of the most relevant contracts performed within the last three years (from date of submission). The format should be in accordance with Part E of this addendum (3) Sources of Past Performance Information: The government will use information submitted by the offerors and any other sources of information available to the Government to assess past performance (i.e. FAPIIS, CPARS). For a description of the characteristics or aspects the Government will consider in determining relevance, see addendum to FAR 52.212-2 "Basis for Contract Award." The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Furnish the following information for each contract listed: (1) Company/Division name; (e.g., if subcontracted, list subcontractor's name). (2) Product/Service; (3) Contracting Agency/Customer; (4) Contract Number and Dollar Value; (5) Period of Performance; (6) Contracting Officer contact information (name, address, fax & telephone number); (7) Comments regarding compliance with contract terms and conditions; (8) Comments regarding any known performance deemed unacceptable to the customer, or not IAW the contract terms and conditions C. CONTACT INFORMATION Contract Specialist: A1C Christian Westbrook, christian.westbrook@us.af.mil, Mrs. Carmela Hornbeck, carmela.hornbeck@us.af.mil Contracting Officer: Ms. Monica H. Bardsley monica.bardsley@us.af.mil Quotes shall be submitted to both christian.westbrook@us.af.mil and carmela.hornbeck@us.af.mil by the closing date of the solicitation. D. FORMAT FOR PAST PERFORMANCE INFORMATION a. The Past Performance Information shall be 8 ½" x 11" page size in pdf format except for fold-outs used for charts, tables, or diagrams, which may not exceed 11" x 17" page size. b. A page is defined as one side of a sheet of paper containing information. c. Typing shall be no less than 12 point font. d. Elaborate formats, bindings or color presentations are not desired or required. NOTE: For site visit request must be made prior to 18 July 2019. To schedule the site visit contact Contract Specialist: A1C Christian Westbrook, christian.westbrook@us.af.mil, Mrs. Carmela Hornbeck, carmela.hornbeck@us.af.mil. Any questions in regard to the solicitation must be submitted no later than 23 July 2019 by 3 p.m. MST. Site visit will be conducted on 23 July 10 a.m. MST. List of personnel shall be sent via email to A1C Christian Westbrook. NLT 22 July 2019 3 p.m. (End of Addendum) ADDENDUM TO 52.212-2, Evaluation - Commercial Items BASIS FOR AWARD A. TECHNICAL ACCEPTABILITY: By submission of its offer, the offeror agrees to comply with all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. For the purposes of this solicitation, Technical Requirements are defined as compliance with solicitation requirements and include utilizing the CLIN structure in this solicitation. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Compliance with solicitation requirements will be evaluated as either acceptable or unacceptable. B. EVALUATING PRICE An offerors proposed prices will be determined by multiplying the quantities identified within each line item included on the Quote Summary Sheet by the unit price for each item to confirm the extended amount of each. Completion of pricing for each line item will be necessary in order to submit a quote for each Option Year. The total evaluated price includes the total price for all options along with the base period. In accordance with FAR 52.217-8 Option to Extend Services, the Government may require continued performance within the limits and at the rates specified in the contract for the year in which this extension of services is authorized, for a maximum period of up to six months. Evaluation of options shall not obligate the Government to exercise the option(s). Quotes with option prices that are significantly unbalanced will be evaluated as noncompliant. Offerors shall quote on all items. Quotes that fail to price each item or indicate services will be provided at no charge will be evaluated as noncompliant. An offer using a sliding price scale or subject to escalation based on a contingency will be evaluated as noncompliant. Other than firm fixed-price offers will be evaluated as noncompliant. The price evaluation will document the reasonableness and realism of the proposed total evaluated price for the apparent successful offeror. For the purposes of identifying the order, past performance evaluations will be conducted, offers shall be ranked according to price, from lowest to highest. C. PAST PERFORMANCE RELEVANCE EVALUATION Using CPARS/FAPIIS, the contracting officer shall seek relevant performance information on all offerors based on (a) the past and present efforts provided by the offeror and (b) data independently obtained from other government sources. For the purpose of this solicitation, recent contracts are defined as those on which some portion of performance occurred during the last three (3) years from date of solicitation. Relevant performance includes present/past performance effort involving similar scope and magnitude of effort as this solicitation. Relevancy ratings are defined in Table 1 below. In evaluating past performance, greater consideration may be given to information on those contracts deemed most relevant to the effort described in this solicitation. Table 1. Past Performance Relevancy Ratings Rating Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires. Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires. Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires. Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires. D. PAST PERFORMANCE CONFIDENCE RATING The purpose of the past performance evaluation is to allow the government to assess the offerors ability to perform the effort described in this solicitation, based on the offeror's demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Neutral Confidence as defined in Table 5 of the DoD Source Selection Procedures (Table 2 below). Offerors with no relevant past or present performance history or with a performance record so limited that no confidence assessment rating can be reasonably assigned shall receive the rating "Neutral Confidence," meaning the rating is treated neither favorably nor unfavorably. Table 2. Performance Confidence Assessments Rating Method Adjectival Rating Description Substantial Confidence Based on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort. Satisfactory Confidence Based on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort. Neutral Confidence No recent/relevant performance record is available or the offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance. Limited Confidence Based on the offeror's recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort. No Confidence Based on the offeror's recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort. E. PAST PERFORMANCE CLARIFICATIONS Offerors may be asked to clarify certain aspects of their quote and respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. F. TECHNICAL EVALUATION If the lowest priced evaluated offer is judged to have a Satisfactory Confidence performance assessment, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers. If the lowest priced offeror is not judged to have a Satisfactory Confidence performance confidence assessment, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have a Satisfactory Confidence performance confidence assessment or until all offerors are evaluated. The contracting officer shall then make an integrated assessment best value award decision. (End of Addendum) CLAUSES INCORPORATED BY REFERENCE CLAUSE NO. CLAUSE TITLE YEAR-MO SECTION VARIATION NAME DATE 252.201-7000 Contracting Officer's Representative 1991-12 SEC G 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 SEC I 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I 252.203-7005 Representation Relating to Compensation of Former DoD Officials. 2011-11 SEC K 252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7006 Billing Instructions. 2005-10 SEC G 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 SEC I 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016-10 SEC I 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 SEC I 252.215-7007 Notice of Intent to Resolicit. 2012-06 SEC K 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. 2018-01 SEC L 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 SEC I 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. 2004-09 SEC I 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 SEC G 252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2012-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I 52.219-14 Limitations on subcontracting (deviation 2019-O0003) 2017-01 SEC I 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003) 2011-11 SEC I Deviation 2019-O0003 2018-12 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. 2017-01 SEC I 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 SEC I 52.203-6 Restrictions on Subcontractor Sales to the Government. - (Alternate I) 2006-09 SEC I 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC K 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC I 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. 2018-07 SEC I 52.204-7 System for Award Management. 2018-10 SEC L 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 SEC I 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 2015-10 SEC I 52.219-8 Utilization of Small Business Concerns. 2018-10 SEC I 52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I 52.222-37 Employment Reports on Veterans. 2016-02 SEC I 52.222-41 Service Contract Labor Standards. 2018-08 SEC I 52.222-54 Employment Eligibility Verification. 2015-10 SEC I 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 SEC I 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 SEC I 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 SEC I 52.224-3 Privacy Training. 2017-01 SEC I 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 SEC I 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 SEC I 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 SEC I 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02 SEC I 5352.223-9001 Health and Safety on government installations 2012-11 2012-11 CLAUSES IN FULL TEXT CLAUSE NO. CLAUSE TITLE (MONTH YEAR) VARIATION NAME DATE CLAUSE TEXT 52.222-26 Equal Opportunity. (SEP 2015) (a) Definition. As used in this clause. "Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement. "Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation. "Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if- (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information. "Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. "Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. "United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) (1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5). (c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to- (i) Employment; (ii) Upgrading; (iii) Demotion; (iv) Transfer; (v) Recruitment or recruitment advertising; (vi) Layoff or termination; (vii) Rates of pay or other forms of compensation; and (viii) Selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (5) (i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by- (A) Incorporation into existing employee manuals or handbooks; and (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment. (6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (7) The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (8) The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. (9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order. (10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law. (11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1. (End of Clause) 52.232-18 -- Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of Clause) 52.212-1 Instructions to Offerors-Commercial Items. (OCT 2018) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance informa...