RFQ_47QSCC19Q00602.pdf

Request for Quotation (RFQ)

Solicitation Number 47QSCC20Q0002

Joint Field Items Replenishment Atlanta Georgia and Fort Worth Texas

October 17, 2019

Please see Attachment 1 for SF 1449

SECTION B

SUPPLIES & PRICE/COST

B.1 INTRODUCTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and FAR Part 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The combined synopsis/solicitation is being issued as a Request for Quotations (RFQ) number

47QSCC20Q0001 JFO Item Replenishment.

FEMA utilized inventory from the distribution centers in Atlanta, GA and Fort Worth in order to assist in . As a result of depleting this inventory, FEMA now needs to have items shipped from the distribution centers.

B.2 GENERAL

The Offeror shall provide all management, supervision, labor, facilities, and materials necessary to provide the supplies and services required under this solicitation.

B.3 CONTRACT TYPE

The contract will be on the basis of Firm Fixed Price (FFP). The contract will be will be established with contractors holding at least one of the below North American Industry

Classification System (NAICS) in the System for Award Management (SAM):

- NAICS 453210 Office Supplies and Stationery Stores

SECTION C

SCOPE OF WORK

C.1 BACKGROUND

FEMA has requested GSA to procure items to replenish distribution centers in Atlanta GA and

Fort Worth, TX.

C.2 SCOPE OF WORK REQUIREMENTS

The Contractor must provide any of following individual items:

Distribution Center - Atlanta Item # Description

U/M

Quantity

0001 Television, 32" TV/DVD Combination

Each

0002 Cart, 70" 4-Wheel Metal Cart, Wire

Distribution Center - Fort Worth Item # Description

U/M

Quantity

0003 Television, 32" TV/DVD Combination

0004 Oven, Microwave

C.3 TRADE AGREEMENTS ACT COMPLAINT

The offeror must demonstrate each item it is quoting is TAA compliant in accordance with FAR

(FAR) 52.225-5, Trade Agreements.

C.4 TRACKING

At a minimum, the offeror shall track the delivery by Global Positioning Satellite/System (GPS) or other instantaneous tracking capability. Upon request by the Contracting Officer, the offeror may be required to provide shipping information such as the trailer number, truck number, estimated delivery date, etc.

C.5 PACKAGING

https://www.acquisition.gov/content/52225-5-trade-agreements#i1053648

For purposes of this solicitation, packaging refers to the arrangement of, including any ancillary supplies needed for, the safe storage and shipment of the items. The vendor shall meet the following packaging requirements: Packaging shall be shipped on industry standard-size pallets (48 inches in length x 40 inches in width, 4-way). Pallets of items shall be fully covered on all sides (excluding the bottom only) with a minimum of (10) layers of stretch-wrap. The stretch-wrap shall extend over the top of the items by a minimum of six inches, which creates a protective layer on the top of the package. The items shall be stacked so the total height of each pallet and material(s) does not exceed 96 inches.

**The offeror is responsible for ensuring that all packaging, pallets, and other shipping material or markings meet all port of entry and debarkation requirements.

C.6 RECORD KEEPING AND ACCEPTANCE

C.6.1 Delivery Receipt:

A FEMA representative will sign for receipt of the items upon delivery. This signature(s) does not imply inspection and acceptance. The signature only acknowledges the delivery was made.

C.6.2 Inspection:

Inspection will be made within 10 days after delivery for any hidden or latent discrepancies and will be reported to the GSA Contracting Officer.

C.6.3 Acceptance:

1) Per FAR Subpart 46.501, general acceptance constitutes acknowledgment that the supplies or services conform to applicable contract quality and quantity requirements, except as provided in this subpart and subject to other terms and conditions of the contract. The FEMA Contracting Officer Representative

(COR) or a designated government representative will determine the acceptability of the delivery. Acceptance shall ordinarily be evidenced by execution of an acceptance certificate on an inspection or receiving report form or commercial shipping document/packing list.

Acceptance shall be provided as soon as possible by the government representative but not more than 10 days after inspection.

2) Per FAR Subpart 46.502, acceptance of supplies or services is the responsibility of the Contracting Officer. When this responsibility is assigned to the cognizant contract administration office or to another agency (see FAR

Subpart 42.202 (g)) acceptance by that office or agency is binding on the government. FEMA shall provide timely notification to GSA upon receipt of all supplies and or services.

3) Per FAR Subpart 46.503, each purchase order shall specify the place of acceptance (for transportation terms, see FAR Subpart 47.3). Supplies accepted at a place other than the destination specified at in the purchase order shall not be reinspected at the specified destination for acceptance purposes, but should be examined at the specified destination for quantity, damage in transit, and possible substitution or fraud.

C.7 OTHER CONSIDERATIONS

The Defense Priorities and Allocations System (DPAS) was established to assure the timely availability of industrial resources to meet national defense requirements and provide a framework for rapidly expanding industrial resources in a national emergency. In accordance with FAR Subpart 11.6 Priorities and Allocations and the DPAS, any delivery order awarded as a result of this acquisition may be assigned a DX or a DO rating as certified for national defense, emergency preparedness, and energy program use under DPAS (15 CFR 700), and the holder will be required to follow all of the requirements of this regulation. In the event an order is assigned a DX or DO rating all prime contracts, subcontracts or purchase orders in support of an authorized program are also given the priority rating.

The following two (2) FAR clauses are incorporated in delivery orders with a DX or DO rating:

In RFQs, FAR Clause 52.211-14 Notice of Priority Rating for National Defense, Emergency

Preparedness, and Energy Program Use (Apr 2008). In orders, FAR Clause 52.211-15 Defense

Priority and Allocation Requirements (Apr 2008), is applicable.

The purpose of DPAS is to 1), assure the timely availability of industrial resources to meet current national defense and emergency preparedness program requirements; and 2), provide an operating system to support rapid industrial response in a national emergency.

SECTION D

CONTRACT ADMINISTRATION DATA

D.1 CONTRACT ADMINISTRATION POINTS OF CONTACT

Contracting Officer Dominic Lackey

Contracting Officer

General Services Administration

1800 F. Street

Washington, DC 20405

Email: dominic.lackey@gsa.gov

Phone: 202-501-2722

Contracting Specialist Nia Hill

Contract Specialist

General Services Administration

1800 F Street

Washington, DC 20405

Email: nia.hill@gsa.gov

Phone: 202-655-1856

Contracting Officer’s Representative (COR) To Be Determined (TBD)

D.2 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer assigned to this contract has the responsibility of ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In this regard, the Contracting Officer is the only individual who has the authority to enter into, administer, or terminate this agreement. In addition, the Contracting Officer is the only person authorized to approve changes to any of the requirements under this agreement, and notwithstanding any provision contained elsewhere in this agreement, the said authority remains solely with the Contracting Officer.

The contractor must immediately request clarification from the Contracting Officer when a question arises regarding the authority of any person to act for the Contracting Officer under the agreement or when the contractor receives direction that appears outside the scope of the agreement.

Costs incurred that were not authorized by the Contracting Officer and work outside the scope of the contract must be considered unallowable costs and will not be reimbursed by the government.

D.3 AUTHORITY OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Only those Government Representatives (e.g. COR), as designated in writing by the Contracting

Officer, may provide technical or other interpretations in the performance of this contract.

Technical interpretation will be provided only within the limits specified in this paragraph, as delineated in a letter of authority from the Contracting Officer, or contained in Section G or elsewhere of this agreement.

As used herein, “technical interpretation” is defined as providing technical clarification, confirming the results of meetings, completing details in the form of work orders, pursuing certain lines of inquiry, or otherwise serving to accomplish the contract Statement of Work

(SOW). Technical directions may be issued either verbally or in writing. Such technical direction must include or comply with the following:

1) Be consistent with the general scope of work and terms and conditions contained in the agreement.

2) Does not constitute assignment of new work or change the terms, conditions, or specifications of the agreement.

3) Does not constitute a basis, either directly or indirectly, that could result in a change in the pricing, quantity, quality, or period of performance as established in this agreement.

Technical direction that exceeds the authority listed above or the limits of specific letters of authority is invalid and will not be enforceable against the government. Any costs incurred by the contractor in violation of this clause will be considered unallowable costs and will not be reimbursed by the government.

SECTION E

SUBMISSION REQUIREMENTS

E.1 SUBMISSION OF QUOTE

Please submit your quotation on a Firm Fixed Price (FFP) basis. The quotation must include the following information and any other relevant information, including any exceptions or assumptions related to this requirement.

A complete quotation must consist of:

a) Cover Page

1) A signed copy of Section A – Solicitation Offer document

2) If applicable, a signed copy of any and all Amendments to the solicitation that are posted to the FBO notice prior to the closing date of the RFQ.

b) Volume 1 – Technical Submission

1) Factor One - Technical Conformance – See Section E.9 below

2) Factor Two - Delivery – See Section E.9 below

3) Factor Three - Past Performance – See Section E.9 below

c) Volume 2 - Price Submission

1) A completed Section B of the RFQ for the Price/Cost Schedule

Your quotation must be submitted via email and must be received no later than November 12, 2019 10:00 AM, EST to nia.hill@gsa.gov and dominic.lackey@gsa.gov. The POC, Nia Hill, will provide email confirmation after receiving your quote. All Amendments issued, if any, must be signed and submitted with the Offeror’s quotation. All questions must be received by

November 1, 2019 at 10:00 AM, EST to nia.hill@gsa.gov and dominic.lackey@gsa.gov. Any questions received after this timeframe will not be answered.

Note 1: Offerors assume full responsibility for ensuring that quotes are received by the date and time specified above. The Government reserves the right to not accept any late quotations.

Note 2: Offerors are responsible for ensuring their SAM account is active and accurate.

The CO will verify the NAICS code and business size standards of the offeror prior to any agreements.

E.2 NUMBER OF AWARDS

The GSA reserves the right to make an award to a single offeror or multiple offerors resulting from this solicitation.

E.3 EXPENSES RELATED TO OFFEROR SUBMISSIONS

GSA will not pay any costs incurred during the preparation or submission of any response(s) to this solicitation or in making necessary studies for the preparation thereof or for any supplies including attendance of any solicitation conference.

E.4 RESPONSIBLE PROSPECTIVE CONTRACTORS

An Offeror must be found responsible prior to award of any contract. To determine the Offeror responsible the CO must find, at a minimum, that the Offeror:

mailto:gregory.kimberling@gsa.gov mailto:dominic.lackey@gsa.gov mailto:gregory.kimberling@gsa.gov mailto:dominic.lackey@gsa.gov

● Has or can obtain adequate financial resources to perform a contract;

● Has the ability to meet any required or proposed delivery schedules;

● Has a satisfactory performance history;

● Has a satisfactory record of integrity and proper business ethics;

● Has appropriate accounting and operational controls that may include, but are not limited to: production control, property control systems, quality assurance programs, and appropriate safety programs; and

● Is qualified and eligible to receive an award under applicable laws or regulations.

E.5 NON-GOVERNMENT PERSONNEL PARTICIPATION

Offerors are notified that GSA may have any written quotes or other information provided by

Offerors reviewed by personnel from various support contractors who may serve as advisors to

GSA evaluation personnel during the evaluation phase of this acquisition. All non-Government personnel and their corporations have signed, or will sign before the evaluation process begins, non-disclosure agreements. The exclusive responsibility for source selection, however, will remain with GSA. GSA currently has no plans to use support contractors to take part in the source selection process.

E.6 QUOTATION ACCEPTANCE

Only one, latest in time (but prior to the submission due date and time noted above) quotation from each Offeror will be considered.

E.7 FORMAT AND CONTENT

All quotations must be submitted electronically. Each quotation must be single-spaced and typewritten in 12-point Times New Roman font. Each quotation must be in .doc or .docx format.

Each page of the quotation must be separately numbered. Each quotation must be no more than ten (10) 8½” by 11” pages, front only, in total including the cover page, Section A. The contract clauses required in Section G of this solicitation do not count to the ten (10) page limit. The division of pages between volumes is within the discretion of the offeror.

E.8 TECHNICAL SUBMISSION

The Technical Submission (Volume 1) must address the following:

1) Factor One---Technical Conformance

a) Offeror’s must submit an explanation describing how their quotation satisfies the description and quantity requirements of the items as outlined in this RFQ.

Offeror must provide a picture, part numbers and accurate description of all items it is quoting. Offeror must demonstrate how the items are TAA compliant.

2) Factor Two ---Delivery Each Offeror must provide an explanation on how it will meet the palletization, tracking, delivery requirements identified in Section C of the RFQ.

3) Factor Three---Past Performance

a) Each Offeror must provide the name, address, telephone number, fax number, and email address of the associated COR or other appropriate POC for up to three (3) projects that are similar in size, scope, and complexity as that identified in this

RFQ. Each project must be ongoing or have been completed within the three years prior to the RFQ closing date.

b) Each Offeror must list any contract under which it received a cure notice or show-cause letter, was terminated for cause or convenience within the three (3) years prior to the RFQ closing date. Each Offeror must also report any actions for suspension or debarment (regardless of the outcome) that either began or concluded within the three years prior to the RFQ closing date. The Offeror must briefly explain the facts and circumstances in each such instance. If no such action was taken the Offeror must state so under this section.

c) The Government reserves the right to obtain and use past performance information from sources other than those identified by the Offerors.

E.10 PRICE

The Price Volume (Volume 2) must cover all requirements of Section C. All information regarding price must be submitted in this volume. The Offeror must submit pricing that are inclusive of all costs, including the costs of items, shipping, transportation and taxes.

GSA anticipates that price analysis will be based on adequate price competition;

therefore, Offerors are not required to submit supporting cost or pricing data with their quotations. However, if after receipt of offers GSA determines that adequate price competition does not exist, uncertified, yet detailed, supporting cost or pricing data may be required. GSA will not require detailed shipping costs as an estimate will be required instead.

SECTION F

EVALUATION FACTORS FOR AWARD

F.1 EVALUATION AND AWARD

Technical Evaluation Factors Volume 1 will be evaluated under each of the following factors:

1) Factor One---Technical Conformance Quotations will be evaluated based on the degree to which it demonstrates an understanding and meets all specifications and requirements for the items outlined in

Section C of this solicitation. The quotation will be evaluated on how the offeror demonstrated the items met the TAA compliant requirement.

2) Factor Two—Delivery Quotations will be evaluated based on the degree to which it demonstrates the ability to meet the delivery timelines, tracking, and palletizing requirements.

3) Factor Three—Past Performance Quotations will be evaluated based on the degree of confidence GSA has in an Offeror’s ability to meet the requirements as specified in this RFQ based on the results from the

Offeror’s Past Performance Record.

Technical Conformance and Delivery

Quotations will be evaluated for technical conformance and delivery using the following adjectival rating system:

Rating Description

Excellent

Quotation meets requirements and indicates an exceptional approach and understanding of the requirements. No weaknesses identified in the offerors quotation. Risk of unsuccessful performance is very low.

Good

Quotation meets requirements and indicates a thorough approach and understanding of the requirements. Quotation contains strengths that outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable

Quotation meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Unacceptable

Quotation does not meet requirements and/or contains one or more deficiencies. Quotation is unawardable.

The GSA will also use the following definitions in the evaluation of quotations:

Deficiency: A material failure of a quotation to meet a Government requirement or a combination of significant weaknesses in a quotation that increases the risk of unsuccessful contract performance to an unacceptable level.

Strength: An aspect of a quotation that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the government during contract performance.

Weakness: An aspect of a quotation that does not meet specified performance or capability requirements in a way that will be disadvantageous to the government during contract performance.

Risk: Degree to which a quotation’s approach to achieving the technical factor may involve risk of disruption of schedule, degradation of performance, the need for increased government oversight, and/or the likelihood of unsuccessful contract performance.

Past Performance GSA’s evaluation will include an analysis of the Offeror’s past performance on contracts with commercial entities or federal, local, or state governments that are ongoing or have been completed within the three (3) years prior to the RFQ closing date. This portion of the evaluation consists of two (2) aspects and will result in a single performance confidence rating of the probability of each Offeror’s ability to meet the contract requirements:

1. GSA will evaluate the Offeror’s past performance to determine the relevance of recent ongoing and recently completed contracts to the solicitation requirements. Ratings for relevance are:

a) Very Relevant: Past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

b) Relevant: Past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

c) Not Relevant: Past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

2. GSA will evaluate the Offeror’s past performance to determine the quality of the

Offeror’s performance, based upon information provided by the Offeror and the answers to the questionnaires the Contracting Officer may send to each Offeror’s references.

GSA reserves the right to consider past-performance information not included or mentioned in an Offerors’ proposal, including information on contracts not submitted or mentioned in an Offerors’ proposal.

Using the results of these two aspects of the evaluation, GSA will assign a single

Performance Confidence rating for each Offeror. Confidence ratings are listed in the table below. If no past performance history exists or if submitted or otherwise identified past performances are found determined to be not relevant, GSA will rate the proposal with an

Unknown Confidence (Neutral).

Rating Description

Substantial

Confidence

Based on the Offeror’s past performance record, GSA has a high expectation that the Offeror will successfully perform the required effort.

Based on the Offeror’s past performance record, the GSA has an expectation that the Offeror will successfully perform the required effort.

No

Based on the Offeror's past performance record, GSA has no expectation that the Offeror will be able to successfully perform the required effort.

Unknown

(Neutral)

No past performance record is available, or the Offeror’s past performance record is so sparse or is determined to be not relevant to the requirements set forth in this RFQ that no meaningful confidence assessment rating can be reasonably assigned.

F.2 PRICE

GSA will confirm that the prices offered are fair and reasonable. In conducting the price evaluation, GSA will evaluate only the information contained in the Offeror’s price quotation (and, if requested, submitted supporting information). Best prices are encouraged in the Offeror’s initial quotation as the GSA may elect to move directly to award. Any quote with pricing determined not fair and reasonable may be determined unacceptable.

F.3 EVALUATION AND AWARD SUMMARY

GSA will evaluate quotes and make a best value trade-off determination based on the evaluation of non-price factors and price. The non-price factors, combined, are significantly more important than price. Technical Conformance is the most important factor among the non-price factors. Technical Conformance is more important than

Delivery. Delivery is more important than Past Performance.

As the non-price evaluation of the quotations’ ratings becomes more equal, price will become more of a determining factor.

SECTION G

CLAUSES

FAR CLAUSES INCORPORATED BY REFERENCE

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP

2006) (ALTERNATE I)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER (MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2018).

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-

DELIVERY CONTRACTS (OCT 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES

(MAY2014)

52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT

2015)..

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

52.211-16 VARIATION IN QUANTITY (APR 1984)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)

(ALTERNATE IV).

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (AUG 2018) (ALTERNATE II)

52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017).

52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)

52.222-19 CHILD LABOR COOPERATION WITH AUTHORITIES AND REMEDIES (JAN

2018)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-29 NOTIFICATION OF VISA DENIAL (APR 2015)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019) (ALTERNATE I)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.223-5 POLLUTION PREVENTION AND RIGHTTOKNOW INFORMATION (MAY 2011)

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

52.22313 ACQUISITION OF EPEAT#REGISTERED IMAGING EQUIPMENT (JUN 2014)

52.223-14 ACQUISITION OF EPEAT®–REGISTERED TELEVISIONS (JUN 2014)

52.223-14 ACQUISITION OF EPEAT®–REGISTERED TELEVISIONS (JUN 2014)

(ALTERNATE I)

52.223-15 ENERGY EFFICIENCY IN ENERGYCONSUMING PRODUCTS (DEC 2007)

52.223-16 ACQUISITION OF EPEAT#REGISTERED PERSONAL COMPUTER PRODUCTS

(OCT 2015)

52.223-16 ACQUISITION OF EPEAT###REGISTERED PERSONAL COMPUTER

PRODUCTS (OCT 2015) (ALTERNATE I)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (MAY

2011)

52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

52.224-2 PRIVACY ACT (APR 1984)

52.225-5 TRADE AGREEMENTS (AUG 2018)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.225-19 CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA OR

SUPPORTING A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES

(MAR 2008)

52.227-14 RIGHTS IN DATAGENERAL (MAY 2014)

52.228-5 INSURANCEWORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-1 STATE AND LOCAL TAXES (APR 1984)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232-17 INTEREST (MAY 2014)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFEROTHER THAN SYSTEM FOR

AWARD MANAGEMENT (JUL 2013)

52.232-36 PAYMENT BY THIRD PARTY (MAY 2014)

52.232-37 MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.2372 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984

52.2373 CONTINUITY OF SERVICES (JAN 1991)

52.2379 WAIVER ON LIMITATION ON SEVERANCE PAYMENTS TO

FOREIGN NATIONALS (MAY 2014)

52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

52.242-13 BANKRUPTCY (JUL 1995)

52.242-15 STOPWORK ORDER (AUG 1989)

52.243-4 CHANGES (JUNE 2007)

52.246-4 INSPECTION OF SERVICESFIXEDPRICE (AUG 1996)

52.247-32 FOB ORIGIN, FREIGHT PREPAID (FEB 2006)

52.247-34 FOB DESTINATION (NOV 1991)

52.247-63 PREFERENCE FOR USFLAG AIR CARRIERS (JUNE 2003) (ALTERNATE 1)

52.247-64 PREFERENCE FOR PRIVATE USFLAG COMMERCIAL VESSELS

(FEB 2006) (ALTERNATE 1)

52.250-1 INDEMNIFICATION UNDER PUBLIC LAW 85804 (APR 1984)

52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012)

52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012) (ALTERNATE 1)

52.250-5 SAFETY ACT EQUITABLE ADJUSTMENT (FEB 2009)

GSAR CLAUSES INCORPORATED BY REFERENCE

552.203-71 RESTRICTION ON ADVERTISING (SEP 1999)

552.211-73 MARKING (FEB 1996)

552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996) (ALTERNATE I

MAY 2003)

552.211-77 PACKING LIST (FEB 1996) (ALTERNATE I MAY 2003)

552.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FEB 2018)

(FAR DEVIATION)

552.215-70 EXAMINATION OF RECORDS BY GSA (JULY 2016)

552.215-72 PRICE ADJUSTMENT FAILURE TO PROVIDE ACCURATE INFORMATION

(AUG 1997)

552.216-74 TASKORDER AND DELIVERYORDER OMBUDSMAN (JAN 2017)

552.223-71 NONCONFORMING HAZARDOUS MATERIALS (SEP 1999)

552.223-73 PRESERVATION, PACKAGING, PACKING, MARKING AND LABELING OF

HAZARDOUS MATERIALS (HAZMAT) FOR SHIPMENTS (JUN 2015)

552.229-70 FEDERAL, STATE, AND LOCAL TAXES (APR 1984)

552.229-71 FEDERAL EXCISE TAXDC GOVERNMENT (SEP 1999)

552.232-23 ASSIGNMENT OF CLAIMS (SEP 1999)

552.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (FEB 2018) (FAR

DEVIATION)

552.232-79 PAYMENT BY GOVERNMENT CHARGE CARD (NOV 2009)

552-232-78 COMMERCIAL SUPPLIER AGREEMENTS – UNENFORCEABLE CLAUSES (FEB

2018)

552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (SEP 1999) (DEVIATION FAR 52.252-

6).

FAR CLAUSES INCORPORATED BY FULL TEXT

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 _____$0.00________ ,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 N/A;

(2) Any order for a combination of items in excess of _ N/A ;

(3) A series of orders from the same ordering office within ____N/A_________ 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 __N/A___ 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.

52.219-13 - NOTICE OF SET-ASIDE OF ORDERS (NOV 2011)

The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

52.222-35 - EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause-

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,”

“disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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52.222-36 - EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of

Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS –

COMMERCIAL ITEMS (AUG 2019)

(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. 3805 note)).

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(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:

X (1) 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).

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 (June 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).

X (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. 6101 note).

X (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 (Nov 2011) (15

U.S.C.657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

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(iii) Alternate II (Mar 2004) of 52.219-7.

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

X (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

(ii) Alternate I (Jan 2017) of 52.219-9.

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

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Aug 2018) of 52.219-9

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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 (Nov

2011) (15 U.S.C. 657f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C.

637(m)).

(25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2018) (E.O.13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

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

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

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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