2031ZA20R00030 Final.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

2031ZA20R00030

TABLE OF CONTENTS:

1. Listing of Incorporated Purchase Requisitions

2. Section B - Supplies or Services and Prices/Costs

3. Section C - Description/Specifications/Work Statement

4. Section D - Packaging and Marking

5. Section E - Inspection and Acceptance Terms

6. Section F - Delivery or Performance

7. Section G - Contract Administration Data

8. Section H - Special Contract Requirements

9. Section I - Contract Clauses

10. Section J - List of Documents, Exhibits, and other Attachments

11. Section K - Representations, Certifications, and Other Statements of Offerors

12. Section L - Instructions, Conditions and Notices to Offerors

13. Section M - Evaluation Factors for Award

1. Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

2. Section B - Supplies or Services and Prices/Costs

Item Number

Base Item Number

Supplies/Services Quantity Unit

0001 See price schedule 1 Each Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

Purchase Requisitions

IDC Type: Not Applicable

3. Section C - Description/Specifications/Work Statement

Clauses incorporated by reference

None

Clauses incorporated by full text

DESCRIPTION

SECTION C DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 GENERAL REQUIREMENTS

(a) Background: The Bureau of Engraving and Printing (BEP) is a component of the United States Department of the Treasury that designs, engraves, and prints U.S. currency banknotes and other U.S. security products. U.S. currency banknote manufacturing occurs at BEP's Eastern Currency Facility (ECF) located in Washington, DC and Western Currency Facility (WCF) located in Fort Worth, TX. BEP's primary customer is the Federal Reserve Board (FRB).

(b) Objective: BEP's objective is to purchase currency packaging films that are manufactured to meet BEP's specifications.

These films are used by BEP in the packing of U.S. currency banknotes at the aforementioned facilities.

(c) Scope: The contractor shall furnish all facilities, labor, and materials to provide the currency packaging films in accordance with the terms and conditions herein. The scope of this contract includes additional currency packaging films that may be needed. Please see attachment A: Statement of Work Currency Packaging Film for detailed specifications.

4. Section D - Packaging and Marking

PACKAGING & MARKING

SECTION D PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with Section 5.0 of Attachment A and Attachment B of this contract and ensure safe delivery at the destination.

D.2 SAFETY

State "Right to Know" laws and 29 CFR 1910.1200, Employee Hazard Communication Program, require manufacturers, importers and suppliers to label containers of toxic substances or hazardous chemicals with the chemical name and appropriate hazard warning and to provide Material Safety Data Sheets (MSDS) for these substances. Hazard Material Information System (HMIS) data shall be provided, as required, on all packaging. Materials not meeting this requirement will not be accepted (off-loaded) by the BEP.

5. Section E - Inspection and Acceptance Terms

Article Number Reference Text 52.246-15 52.246-15 Certificate of Conformance (APR 1984)

INSPECTION & ACCEPTANCE

SECTION E INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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): www.acquisition.gov/far

E.2 INSPECTION AND ACCEPTANCE

Inspection and acceptance of the supplies to be provided hereunder, shall be made by the BEP appointed Contracting Officer's Representative (COR) in accordance with paragraph (a) of FAR 52.212-4 (See Section I).

The constructive acceptance period shall be 30 calendar days after the contractor has made delivery of the ordered item. If the Government subsequently rejects the items, and replacement cannot be effected within the contract inspection period, the Contractor may request that the contract delivery date be extended. Any extension granted will be at the mutual agreement of the parties, within the urgency of the Government's needs.

6. Section F - Delivery or Performance

52.211-17 52.211-17 Delivery of Excess Quantities (SEPT 1989)

52.247-34 52.247-34 F.o.b. Destination (NOV 1991)

52.211-16 52.211-16 Variation in Quantity (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

10 Percent increase

10 Percent decrease

This increase or decrease shall apply to Ordered.*

(End of clause)

7. Section G - Contract Administration Data

Requesting Office Address

BEP-PROD_DEVEL

Bureau of Engraving and Printing Office of Product Development 301 14th Street SW Washington DC 20228-0001 Phone: Fax:

Contact Details:

Dupont, Paul J Paul.Dupont@bep.gov

COTR Office Address

BEP-PROD_DEVEL

Bureau of Engraving and Printing Office of Product Development 301 14th Street SW Washington DC 20228-0001 Phone: Fax:

Contact Details:

Mathis, Stephan Roy Stephan.Mathis@bep.gov

Issuing Office Address

BEP-ACQUISITION

Bureau of Engraving and Printing Office of Acquisition 301 14th Street SW Washington DC 20228-0001 Phone: Fax:

Contact Details:

Strickland, Charles Pierce Charles.Strickland@bep.gov

52.232-40 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

1052.201-70 DTAR 1052.201-70 Contracting Officer's Representative (COR) Appointment and Authority

(APR 2015)

(a) The COR is _________.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change _________;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(End of clause) 1052.210-70 DTAR 1052.210-70 Contractor Publicity (APR 2015) The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer.

Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered as part of the evaluation of past performance.

(End of clause)

CONTRACT ADMINISTRATION INFORMATION

SECTION G CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S REPRESENTATIVE (COR) – APPOINTMENT AND AUTHORITY (DTAR

1052.201-70) (AUG 2011

(a) The COR is (to be appointed by separate letter at contract award).

Bureau of Engraving and Printing

Materials Technical Contracts Division

Office of Product Development

Attn: (TBD prior to contract award)

14th and C Streets, S.W.

Washington, D.C. 20228-0001

Telephone: (TBD prior to contract award)

E-Mail: (TBD prior to contract award)

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled "Changes";

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of ( above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."

(End of clause)

G.2 CONTRACT ADMINISTRATION OFFICE

(a) This contract will be administered by:

Bureau of Engraving and Printing

Office of Acquisition

ATTN:

14th & C Streets, S.W., Rm. 705A

Washington, D.C. 20228-0001

Phone: (TBD prior to contract award)

Email: (TBD prior to contract award)

(b) All communications after award of the contract shall be directed to the Administrating Contracting Officer. Written communications shall make reference to the contract number/purchase order number when mailed to the above address.

SUPPLEMENTAL REGULATIONS

DEPARTMENT OF THE TREASURY ACQUISITION REGULATION (DTAR)

SUPPLEMENTAL REGULATIONS. The DTAR may be assessed electronically at: https:// www.ecfr.gov/cgi-bin/textidx?

SID=e6e1a5a662c6364d525f555b8f5e0c6d&tpl=/ecfrbrowse/Title48/48chapter10.tpl

8. Section H - Special Contract Requirements

SECTION H SPECIAL REQUIREMENTS

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 TYPE OF CONTRACT

This is a firm-fixed price IDIQ contract with five (5) ordering periods.

H.2 ORDERING AUTHORITY AND PROCEDURES

(a) Delivery orders under this contract shall be issued by an authorized and warranted CO of the following activity:

Bureau of Engraving and Printing.

Office of Acquisitions

14th and C Streets, S.W.

Washington, DC 20228-0001

(b) Delivery orders will be placed in writing using Optional Form 347 or another form deemed acceptable by BEP. At a minimum, each Delivery order will contain the following information in accordance with FAR 16.505(a)(7): 1) contract number and delivery order number, 2) contract line item numbers, descriptions, contract unit prices and amounts, 3) delivery date, 4) place of delivery, 5) accounting and appropriation data, and 6) signature of an authorized ordering official. Delivery orders will be sent to the Contractor by an acceptable means of transmission (e.g. fax, e-mail). The issuance date of a Delivery order for this contract shall be the date authorized by a warranted CO.

H.3 MATERIAL CONFORMANCE

(a) The material to be provided under this contract shall conform in all respects with the contract requirements as set forth in Attachment A of this contract and applicable clauses as set forth herein.

(b) The material provided shall be identical to the material sample, which the Contractor submitted with their proposal for evaluation, and shall deviate from the material certification only in those characteristics changed and agreed upon, if at all, during contract negotiations.

(c) For material characteristics that are not addressed in Attachment A of this contract, and that BEP identifies as important to the delivered materials hereunder; the Contractor and BEP shall work collaboratively, sharing information to:

(1) Identify processes and materials that contribute to the occurrence of the characteristic;

(2) Identify metrics to measure the occurrence of the characteristic; and

(3) Develop methods or processes to monitor the occurrence of the characteristic and to keep the characteristic's occurrence within a mutually agreed acceptable range.

(d) Any deviation and/or change from the material shall be agreed upon by the COR, approved by the CO in writing, and may be subject to the FAR clause 52.212-4(c) (see section I.1 below).

H.4 CONTINUOUS IMPROVEMENT PROGRAM

As part of its continuous improvement program, BEP is focusing on the various sources which contribute to its overall process variation, to include evaluation of its raw materials. The Contractor shall establish a documented variance reduction program to identify sources of variation, improve its overall process capability, and continuously improve the consistency of the material that it provides to BEP. When appropriate, the Contractor shall work in partnership with BEP to perform statistically based studies to identify those sources of variation which contribute to BEP process variance to assist BEP in its efforts at continuous improvement. As requested, the Contractor shall provide to BEP appropriate documentation in support of this program, such as run charts, control charts or process capability analyses.

H.6 SECURITY REQUIREMENTS

BEP's facilities are considered to be secure government facilities; therefore visitors to BEP may be given a visitor's security badge by security personnel and escorted by Government authorized personnel. Visitor security badges shall be worn above the waist, clearly visible, with picture or front side front forward at all times. Visitor security badges are to be returned upon leaving the site.

H.7 POST AWARD MEETING

At its discretion, the BEP may schedule and conduct a post award meeting with the Contractor after contract award. The objectives of this meeting would be to: introduce key participants and explain their roles, review Deliverables, review the performance work statement and tasks to ensure a common understanding of the requirements and objectives, as well as other matters of importance and relevance. The day(s) and time(s) of any such meeting will be determined after contract award.

H.8 CONFIDENTIALITY OF INFORMATION

The Contractor agrees that all information provided by representatives of BEP, either before or after contract award, concerning the design, manufacture, processing or transporting of United States currency is nonpublic.

Such information will be shared only with employees or agents of the company having a need to know, and will not be disclosed to other persons without the written consent of the CO. The Contractor shall be required to sign a non-disclosure agreement (see Attachment I).

H.9 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the CO and the COR, in writing, giving pertinent details, provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this contract.

H.10 NON-DISCLOSURE OF NON PUBLIC INFORMATION & DATA

(a) The Contractor agrees that all information provided by representatives of the BEP, either prior to contract award or during the performance of the contract, concerning the design, manufacture, processing or transporting of United States currency is BEP proprietary non-public information. Such information will be shared only with employees or agents of the company having a need to know, and will not be disclosed to other persons without the written consent of the CO.

(b) Further, the Contractor agrees to maintain the confidentiality of all such information and data and shall not disclose any information and data, interpretations of, and/or derivatives of, such information and data to any unauthorized party without the express written approval of the CO, or of the party in which title is wholly vested. The Contractor hereby agrees to include this clause in all subcontracts or consulting agreements relating to work under this contract.

(c) When work performed under this contract requires the Contractor to provide BEP with data, business or technical documentation, or other information deemed proprietary or confidential by the Contractor, the Contractor's obligation to provide such information shall be conditioned upon the parties agreeing upon measures to protect the proprietary nature of the data, documentation, or other information at issue. The parties will exert reasonable efforts to negotiate such measures.

(d) The Contractor and BEP shall be execute a Non-Disclosure Agreement (NDA) signed by the appropriate BEP and Contractor officials with the requisite authority, on protective measures for BEP and Contractor proprietary or confidential information.

H.11 ORGANIZATIONAL CONFLICTS OF INTEREST

(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the

Contacting Office, the BEP may terminate the contract for default, debar the Contractor from BEP contracting, or pursue such other remedies as may be permitted by law or this contract.

(d) The Contractor and BEP shall be execute a NDA (see Attachment I) signed by the appropriate BEP and Contractor officials with the requisite authority, on protective measures for BEP and Contractor proprietary or confidential information.

H.12 DISCLOSURE OF CONFLICTS OF INTEREST

(a) It is the BEP policy to award contracts to only the Offeror whose objectivity is not impaired because of any related past, present, or planned interest, financial or otherwise, in organizations regulated by BEP or in organizations whose interests may be substantially affected by Departmental activities. Based on this policy, if at any time during the performance of this contract the Contractor knows of any Conflict of Interest situation affecting the organization, any of its officers or Key Persons working under this contract, has reason to believe that a conflict of interest situation might arise, or is made aware of an actual or potential conflict of interest situation:

(1) The Contractor shall immediately provide to the Contracting Officer a written statement which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with that organization regulated by BEP, or with that organization or individual whose interests may be substantially affected by Departmental activities, and which is related to the work under this contract. The interest(s) described shall include those of the Contractor, its affiliates, consultants, Subcontractors and key personnel of any of the above.

Past interest shall be limited to within one year of the date of the Offeror's technical proposal. Key personnel shall include any person owning more than 20% interest in the organization, and the organization's corporate officers, its senior managers and any employee who is responsible for making a decision or taking an action on this contract where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

(2) The Contractor shall describe in detail when it became aware of the actual or potential conflict of interest, what action the organization has taken or proposes to take to mitigate and/or rectify the situation, and why it believes, in light of the interest(s) identified in (a) above, that performance of the contract can still be accomplished in an impartial and objective manner.

(a) In the absence of any relevant interest identified in (a) above, the Contractor shall certify in its statement that to its best knowledge and belief no affiliation exists relevant to possible conflicts of interest. The Contractor must obtain the same information from any potential Subcontractors prior to award of a subcontract.

(b) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed.

(c) The Contracting Officer will review the statement submitted and may require additional relevant information from the Contractor. All such information, and any other relevant information known to BEP, will be used to determine whether a conflict of interest exists or a situation exists that may create a conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may (1) terminate the contract, or (2) determine that it is otherwise in the best interest of the United States to continue the contract with the Contractor and (3) modify the contract to include appropriate provisions to mitigate or avoid such conflicts in the contract. If the Contracting Officer determines that it is in the best interest of the BEP to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503.

(d) If the Contractor refuses to provide the written statement called for in paragraph (a), or any additional information that the Contracting Officer may require, the Contracting Officer may terminate the Contract for convenience if he or she deems that termination is in the best interest of the BEP.

H.13 SITE VISITS

The BEP intends to make periodic scheduled and unannounced site visits to the Contractor manufacturing facilities to conduct quality, and accountability audits and inspections. Inspections will focus on personnel, product manufacturing, and other areas as appropriate. Inspectors and auditors will follow a structured methodology to assess compliance against the Contractor's BEP-approved Quality Management System.

H.14 QUALITY MANAGEMENT SYSTEM

(a) During the term of the contract, the Contractor shall adhere to the Contractor's BEP-approved Quality Management System (QMS). If any of the work required under the contract is subcontracted, the Contractor shall require that the Subcontractor submit and adhere to a Quality Assurance Plan. The Contractor's QMS shall be universal across all BEP contracts should the Contractor have multiple contracts with the BEP, unless otherwise agreed upon. Sections of the Contractor's QMS approved to be contract-specific shall be indicated as such within the universal QMS.

(b) Upon acceptance of the Contractor's QMS by the BEP, the Contractor must implement the QMS as approved by BEP. The Contractor must update the QMS throughout the term of the contract to reflect current and planned quality activities. Updates to the QMS must be acceptable to the BEP.

(c) Proposed changes to the Contractor's approved QMS shall be submitted to the Contracting Officer for approval with written justification for such changes. Changes to the approved QMS may be Contractor initiated or be the result of a BEP quality audit of the Contractor, Corrective Action or other quality issue. The BEP reserves the right to perform quality audits at the Contractor's manufacturing facilities. Documents referenced in the Quality Management System must be made available for review when requested by the BEP. Review of documents will be limited to on-site inspection of the documents, unless otherwise agreed upon (reference Section H.6, Non-Disclosure of Non Public Information & Data).

H.15 CORRECTIVE ACTION REPORT

(a) The Contractor shall provide written corrective action reports to the Contracting Officer in response to any root cause letters or quality audit reports issued as a result of material nonconformance to the contract specifications. A corrective action report shall be submitted within thirty (30) calendar days after receipt of a root cause letter or a quality audit report.

(b) The corrective action report shall contain the root cause(s) or weakness(es) which allowed a non-compliant product or process to occur, action taken to correct the non-compliance, action taken to prevent recurrence of the root cause, action taken to determine if other processes are affected by the non-compliance, action taken regarding susceptible processes or material, verification plan to assess the effectiveness of the correct action, and the timeline to implement the proposed changes, including verification.

(c) BEP may require the Contractor to identify and implement immediate and appropriate containment action to limit the extent of potential nonconforming material prior to identification of the root cause, implementation of corrective actions, and submission of the written corrective action report.

H.16 MANFACTURING QUALITY CONTROL AND PROCESS CAPABILITY

(a) The Contractor shall maintain a manufacturing process and Quality Management System in accordance with the Contractor's BEP-approved Quality Management System designed such that the products delivered under the contract are produced in a stable and consistent manner and within the limits set forth in the Specifications. The Contractor's manufacturing process and Quality Management System shall include all processes and operations under the control of the Contractor that have an impact on delivered products.

(b) The Contractor shall utilize Quality Control methods and methodologies, for example Statistical Process Control (SPC) and Six Sigma, necessary for the contractor-determined properties and processes required to comply with BEP requirements and tolerances set forth in the Specifications, reduce material variability, ensure consistency over time for material delivered under the contract, and support investigations to identify and resolve quality issues.

9. Section I - Contract Clauses

SECTION I CONTRACT CLAUSES

SECTION I CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)(FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ http://www.acquisition.gov/far/

CLAUSE

NUMBER TITLE DATE

52.212-4 CONTRACT TERMS AND CONDITIONS -- SEP 2013

COMMERCIAL ITEMS

52.21618 ORDERING

OCT 1995

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from: (to be inserted at time of contract award) through (to be inserted at time of contract award).

52.21619 ORDER LIMITATIONS OCT 1995

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 96 rolls, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of 288 rolls;

(2) Any order for a combination of items in excess of 288 rolls; or

(3) A series of orders from the same ordering office within 5 calendar days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 25 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY

OCT 1995

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 60 months.

52.2233 HAZARDOUS MATERIAL IDENTIFICATION JAN 1997

AND MATERIAL SAFETY DATA SHEET,

ALTERNATE I (JUL 1995)

(b) The Offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract:

Material (If none, insert "None") Identification No.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2020)

(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 2019) (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. 3805note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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. (Oct 2015) (31 U.S.C. 6101note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.

2313).

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14)

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

_x_ (ii) Alternate I (Mar 2020).

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 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 (Mar 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 (Aug 2018) of 52.219-9

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

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (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 (Mar 2020) (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 (Mar 2020) (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)).

_x_ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_x_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

_x_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30)

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

_x_ (ii) Alternate I (Feb 1999) of 52.222-26.

x__ (31)

(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_x_ (32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

_x_ (35)

(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, 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.

_x_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (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.

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (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. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_x_ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) 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).

_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__x (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31

U.S.C.3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (62)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (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:

[Contracting Officer check as appropriate.]

__x (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 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).

__ (5) 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).

__ (6) 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).

__ (7) 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).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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…