36C24118Q0134-004.pdf

Solicitation incorporates by reference provision FAR 52.212‐1, Instructions Offerors‐Commercial, and addendum.

Provision 52.212‐2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) applies to this solicitation.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical, past performance and price

Technical and past performance evaluation factors, when combined are approximately equal in weight.

All Offerors must be registered in the System for Award Management (SAM) Web site and include a completed copy of the following provision with their offer.

52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017)

Solicitation incorporates by reference clause FAR 52.212‐4, Contract Terms and Conditions‐Commercial Items, and addendum.

Solicitation incorporates by reference clause FAR 52.212‐5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders‐Commercial Items with cited clauses by reference. Plus, the following additional FAR clauses cited in the above clause are applicable to this acquisition.

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

52.204–10, Reporting Executive Compensation and First‐Tier Subcontract Awards (OCT 2016) (Pub. L.

109–282) (31 U.S.C. 6101 note).

52.204–15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (OCT 2016) (Pub.

L. 111–117, section 743 of Div. C) 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).

52.219‐6, Notice of Total Small Business Set‐Aside (NOV 2011) (15 U.S.C. 644).

52.219‐8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

52.219‐14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

52.219‐28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

52.222‐3, Convict Labor (June 2003) (E.O. 11755).

52.222–19, Child Labor—Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126).

52.222‐21, Prohibition of Segregated Facilities (APR 2015).

52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

52.222‐35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

52.222‐36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

52.222‐37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

13496).

52.222‐50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

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).

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

52.222‐17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

52.222‐41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

52.216‐18 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 date of award through 5 years from date of award.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

52.216‐19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 shipment of 3‐5 freezers, 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 5 shipments of 3‐5 freezers;

(2) Any order for a combination of items in excess of 5 shipments of 3‐5 freezers; or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216‐21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum‐order limitations in paragraph (b) of this section.

(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 5 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.

(End of Clause)

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 5 years from date of award.

(End of Clause)

52.217‐8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of contract expiration.

(End of Clause)