Aerial Ignition Device BPA Amendment 0001.pdf
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- Aerial Ignition Device Amendment 0001
- Solicitation number
- 1202SC21Q0012
- Issued by
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Department of Agriculture Forest Service
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| File | Type | Posted |
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| SF-1449 1202SC21Q0012.pdf | ||
| Aerial Ignition Device PSD Sphere Sol. 1202SC21Q0012.pdf |
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(x)
1202SC21Q0012
x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR
OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
x
02SC
BOISE ID 83705-5354
3833 S DEVELOPMENT AVE
USDA-FS INCIDENT PROCUREMENT LOGIS
07/27/20210001
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
FACILITY CODE CODE
10B. DATED (SEE ITEM 13)
10A. MODIFICATION OF CONTRACT/ORDER NO.
9B. DATED (SEE ITEM 11)
9A. AMENDMENT OF SOLICITATION NO.
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY
PAGE OF PAGES
4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)
1. CONTRACT ID CODE
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
06/25/2021
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.
ORDER NO. IN ITEM 10A.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
LIST OF CHANGES: Amendment 0001
Period Of Performance Start Date changed from 15-JUL-21 to 15-AUG-21
Bids due date : 02-JUL-21 changed to 30-JUL-21
Date distributed : 25-JUN-21 changed to 27-JUL-21
Contract Type Change: Indefinite-Delivery/Indefinite Quantity (IDIQ) changed to Blanket
Purchase Agreement (BPA)
Additional Changes are addressed in the Solicitation attached below.
Period of Performance: 08/15/2021 to 12/31/2026
The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice
Processing Platform (IPP). The contractor must follow the instructions on how to register
Continued ...
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED
(Signature of person authorized to sign) (Signature of Contracting Officer)
JUSTIN E. HOLLOWAY
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
Previous edition unusable
Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .
07/27/2021
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 2
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
1202SC21Q0012/0001
and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.
All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.
Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Solicitation No: 1202SC21Q0012 Amendment 0001 USDA Forest Service BPA No. National Office
P a g e 1 | 50
Solicitation Amended Issue Date: 07/27/2021
Solicitation Amended Close Date: 07/30/2021
SECTION B – SCHEDULE OF SUPPLIES/SERVICES
B.1 GENERAL INFORMATION AERIAL IGNITION DEVICE (PSD SPHERES)
The USDA Forest Service Incident Support Cache offices requirement is for Aerial Ignition spheres (Premo fireballs or salient characteristics) that are 1 ¼ inch high impact polystyrene spheres containing 3 or more grams of potassium permanganate. The rate of chemical reaction is dependent upon the particle size of the potassium permanganate and the concentration of the ethylene glycol, and combustion occurs within approximately 20 seconds at standard room temperature of the sphere’s injection with approximately 1 ml 100% ethylene glycol. Spheres shall not be rewelded
Unit of sale is by the case with each case containing 1,000 spheres.
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, FAR Subpart 13.5 and as supplemented with additional information included in this notice. This announcement constitutes only the solicitation; offers are being requested and a written solicitation will not be issued.
This solicitation is issued as a Request for Quotation (RFQ) with the intent to establish a multiple-award Blanket Purchase Agreement (BPA). Awards will be made against the 3 lowest priced technically acceptable offers.
This action will be awarded as a multiple award, firm fixed price Blanket Purchase Agreement for a period of ten (10) years subject to annual review for continued need and fair and reasonable pricing.
This procurement is a Full and Open Competition. The NAICS code is 332994 with a size standard of 1000.
B.2 BLANKET PURCHASE AGREEMENT TERMS
The following terms and conditions will apply to any Blanket Purchase Agreement (BPA) which is awarded as a result of this Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06
B.3 EXTENT OF OBLIGATION
The Government is obligated only to the extent of authorized purchases actually made under the BPA
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B.4 PURCHASE LIMITATIONS
This BPA allows the government representatives on the Authorized Purchasers list to make individual purchases. This list contains potentially up to four (4) persons. This list can be amended only by the Government’s BPA Administrator or any of the warranted contracting officers on the Authorized Purchasers list.. Individual purchases shall not exceed the call amount, and no call placed against this agreement shall exceed a maximum of $7,500,000.00.
TBA- Contracting Officer - $7,500,000.00
TBA
TBA
TBA
B.5 TERMS OF THE BPA
This agreement shall take effect from the date of award and shall continue for ten (10) years.
Either party may terminate this BPA without cause and without liability but only upon a thirty (30) calendar day written notice. The Contractor shall honor all calls received prior to the effective date of such termination.
B.6 PERIOD OF PERFORMANCE
Base Year (YR1), Date of Award – 31 January 2022 Option Period #1 (YR2), 1 February 2022 – 31 January 2023 Option Period #2 (YR3), 1 February 2023 – 31 January 2024 Option Period #3 (YR4), 1 February 2024 – 31 January 2025 Option Period #4 (YR5), 1 February 2025 – 31 January 2026 Option Period #5 (YR6), 1 February 2026 – 31 January 2027 Option Period #6 (YR7), 1 February 2027 – 31 January 2028 Option Period #7 (YR8), 1 February 2028 – 31 January 2029 Option Period #8 (YR9), 1 February 2029 – 31 January 2030 Option Period #9 (YR10), 1 February 2030 – 31 January 2031
B.7 RENEWAL OF BPA
Within thirty (30) days of the anniversary date of this BPA, the parties hereto shall review this BPA to determine whether changing market conditions, availability and quality of services and other pertinent circumstances require a modification or termination of the BPA. Upon satisfactory review, this BPA may be renewed in increments of one year, provided the Contractor’s performance under this BPA is determined to be satisfactory, and the USDA Forest Service continues to require the services ordered. Any such renewal will be subject to prior review and approval by the Contracting Officer. In no event shall this BPA exceed ten (10) years.
B.8 PRICING
Prices to the Government shall be equal to or lower than those charged the Vendor’s most favored customers for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payments. The contractor shall furnish a price list, this list shall contain
P a g e 3 | 50 an effective date and an expiration date. Under Part (1), Section 39-26- 114, CRS 1973 as amended, all sales to the United States Government are exempt from taxation. The calls under this BPA will be firm fixed price orders. But, the Government is obligated only to the extent of authorized purchases actually made under the BPA. No individual purchase shall exceed the call amount.
B.9 CALL PLACEMENT INFORMATION
All calls will be placed against this BPA by email or oral communications on a OF-347 or SF- 1449 award document.
B.10 ORDER OF PRECEDENCE
The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor’s invoices, the provisions of this BPA will take precedence.
B.11 PRICE INCREASES
The contractor agrees to furnish price change data and applicable evidence proving the economic adjustments to the contracting officer at least thirty (30) business days prior to the effective date of the price changes. Price changes will not occur without applicable documentation delivered to the Contracting Officer via email. The government reserves the right to request all pertinent documents in determining on the fair and reasonableness of considered price changes.
B.12 DELIVERY TICKETS AND INVOICING PROCEDURES
The Contractor will ensure that the delivery tickets are dated, properly executed and signed by the Government Representative receiving the item. The Government reserves the right to reject any shipment not accompanied by a proper delivery ticket. A Proper Invoice will be required and has the following information as per FAR 32.905(b):
• Name and address of the Contractor
• Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of service.)
• BPA number and BPA Call number
• Description, quantity, unit of measure, unit price, and extended price of supplies delivered, or services performed.
• Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
• Name, title, phone number, and mailing address of person to notify in the event of a defective invoice.
• Taxpayer Identification Number (TIN)
• Any other information or documentation required by the contract.
• Invoice shall be submitted through ipp.gov on a monthly basis
It is the responsibility of the Contractor to submit Proper Invoices. The Government now uses an electronic invoicing system to process payments. Proper Invoices must be submitted
P a g e 4 | 50 electronically through Invoice Processing Platform (IPP). The IPP website address is:
https://www.ipp.gov.
B.13 SCHEDULE OF ITEMS
Item 0001 is a hypothetical quantity for evaluation purposes for award on the BPA. In addition, Item 0002 is being used for evaluation purposes for a shipping quote to the stated location.
This quantity and shipping location does not represent the actual amount or only location that the Government shall purchase or ship to during the contractual period. (See section (vii) Delivery Locations below). Estimated quantities are unknown at this time.
Pricing shall represent the price the government will pay for CLIN 0001 listed below. Discount percentages for larger quantities can be attached with the quote submission but is not required.
Discounts can be presented at the BPA Call level when the government request a quote to meet a supply requirement.
Shipping quotes will be submitted on an actual cost basis during the agreement period. During the Request for Quote (RFQ) stage, the BPA members will be asked to provide a Quote for the Aerial Ignition Device along with an actual shipping quote for the items requested to the location(s) specified in the RFQ while meeting the delivery date needed.
Aerial Ignition Device- PSD Spheres Base Year: Date of Award – January 31, 2022
Item # Supply Qty Unit of Issue Unit Price
0001 Aerial Ignition Device, PSD Spheres NFES #3411 1 Pallet $
Item # Shipping Cost Qty Unit of Issue Unit Price
Southwest Area Prescott Incident Support Cache Prescott Fire Center 2400 Melville Drive Prescott, AZ 86301 1 Pallet $
B.14 DELIVERY LOCATIONS
• Coeur d’ Alene Incident Support Cache 3328 W Industrial Loop Coeur d’ Alene, ID 83815
• La Grande Incident Support Cache Blue Mountain Interagency Fire Center 59973 Downs Road https://www.ipp.gov/
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LaGrande, OR 97850
• Northern California Incident Support Cache 6101 Airport Road (ATTN: Fire Cache) Redding, CA 96002
• Northern Rockies Fire Cache 5765 W Broadway Missoula, MT 59808
• Northeast Interagency Incident Support Cache 402 11th Street SE Grand Rapids, MN 55744
• Northwest Incident Support Cache 1740 SE Ochoco Way Redmon OR, 97756
• Rocky Mountain Fire Cache Mailing: PO Box 25507 (Mail Only) Physical: DFC, BLDG 810, Door N27 Lakewood, CO 80225
• Southern Interagency Fire Cache 788 Sublimity School Road London, KY 40744
• Logistics Support Center 1310 S Cucamonga Avenue Ontario, CA 91761-4507
• Southwest Area Prescott Incident Support Cache Prescott Fire Center 2400 Melville Drive Prescott, AZ 86301
• Southwest Area Silver City Incident Support Cache Mailing: PO Box 931 (Mail Only) Physical: Gila Aerial Fire Base / 158 Airport Road Hurley, NM 88043
• Wenatchee Incident Support Cache
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4890 Contractors Dr.
East Wenatchee, WA 98802
SECTION C – CONTRACT CLAUSES
C.1 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):
Federal Acquisition Regulation (FAR) Clauses:
https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:
https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUT 2020 52.204-21 Basic Safeguarding of Covered Contractor
Information Systems
JUN 2016
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
AUG 2020
52.212-4 Contract Terms and Conditions - Commercial Items OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
C.2 CLAUSES INCORPORATED BY FULL TEXT
C.3 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL
ITEMS (DEVIATION 2017-1) (OCT 2018)
1. Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
P a g e 7 | 50 rights --
a. Within a reasonable time after the defect was discovered or should have been discovered; and
b. Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(a) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(b) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(c) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.
Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(d) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order
P a g e 8 | 50 number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer— Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(g) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(h) Payment.
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(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.
P a g e 10 | 50
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iii) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(iv) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(v) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vi) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
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(i) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(j) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(k) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(l) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.
In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(m)Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(n) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(o) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(p) Other compliances. The Contractor shall comply with all applicable Federal, P a g e 12 | 50
State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections;
49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(s) Reserved
(t) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it
P a g e 13 | 50 appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
C.4 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS -- COMMERCIAL ITEMS (FAR 52.212-5) (DEVIATION 2017-1,
DEVIATION JUL 2020 AND DEVIATION APR 2020) (JUL 2021)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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, 108-78 (19 U.S.C. 3805 note)).
P a g e 14 | 50
(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:
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) (Deviation 2017-1), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (Deviation 2017-1), (41 U.S.C. 3509).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Deviation 2017-1), (Section 1553 of Pub L.
111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
(4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (JUN 2020) (Deviation 2017-1), (41 U.S.C. 4712) relating to whistleblower protections).
(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(6) [Reserved]
(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.
111-117, section 743 of Div. C).
(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(9 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
(11) [Reserved]
(12) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (DEVIATION JUN 2020) (15 U.S.C. 657a).
(ii) Alternate I (Mar 2020) of 52.219-3.
(13) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (DEVIATION JUN 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
P a g e 15 | 50
(ii) Alternate I (Mar 2020) of 52.219-4.
(14) [Reserved]
(15) (i) 52.219-6, Notice of Total Small Business Aside (NOV 2020) (15 U.S.C.
644).
(ii) Alternate I (Mar 2020) of 52.219-4.
(16) (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.
(17) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.
637(d)(2) and (3)).
(18) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (Mar 2020) of 52.219-9.
(v) Alternate IV (Mar 2020) of 52.219-9.
(19) 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.
(20) 52.219-14, Limitations on Subcontracting (Mar 2020) (DEVIATION JUN 2020) (15 U.S.C. 637(a)(14)).
(21) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (DEVIATION JUN 2020) (15 U.S.C. 657f).
(23) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (Mar 2020) of 52.219-28.
P a g e 16 | 50
(24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (DEVIATION JUN 2020) (15 U.S.C. 637(m)).
(25) 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 (Mar 2020) (DEVIATION JUN 2020) (15 U.S.C. 637(m)).
(26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
(27) 52.219-33, Nonmanufacturer Rule (MAR 2020) (DEVIATION JUN 2020) (15U.S.C. 637(a)(17)).
(28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan
2020) (DEVIATION JUL 2020) (E.O. 13126).
(30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(ii) Alternate I (Feb 1999) of 52.222-26.
(32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ii) Alternate I (July 2014) of 52.222-35.
(33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(ii) Alternate I (July 2014) of 52.222-36.
(34) 52.222-37, Employment Reports on Veterans (Jun 2020) (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) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).
(37) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm
P a g e 17 | 50
(38) (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.)
(39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
(40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
(41) (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.
(42) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
(43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
(44) (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.
(45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020) (E.O. 13513).
(46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(47) 52.223-21, Foams (Jun 2016) (E.O. 13696).
(48) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(ii) Alternate I (Jan 2017) of 52.224-3.
(49) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
(50) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (DEVIATION JUL 2020) (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).
P a g e 18 | 50
(ii) Alternate I (May 2014) of 52.225-3.
(iii) Alternate II (May 2014) (DEVIATION JUL 2020) of 52.225-3.
(iv) Alternate III (May 2014) of 52.225-3.
(51) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
(52) 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).
(53) 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).
(54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
(56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
(57) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
(58) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).
(60) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(61) [52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 U.S.C. 3903 and 10 U.S.C. 2307).
(62) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
(63) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
P a g e 19 | 50
(65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.
chapter 67.).
(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).
(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).
(7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2015) (E.O. 13658).
(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.
13706).
(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.
(May 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record 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, 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.
P a g e 20 | 50
(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 (Jun 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 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
P a g e 21 | 50 the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.
4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.
4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C.
chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.
13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O.
12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).
(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
P a g e 22 | 50
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. 55305 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.
E.1 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/these address(es):
FAR Site at https://www.acquisition.gov/browse/index/far
E.2 PROVISIONS INCORPORATED BY REFERENCE
52.203-18 Prohibition on Contracting with Entities that Require
Certain Internal Confidentiality Agreements or Statements- Representation
JAN 2017
52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-24 Representation…
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