COMBOSOL-19QA127.pdf

11 June 2019

MEMORANDUM FOR ALL PROSPECTIVE OFFERORS

FROM: 366TH FINANCIAL ACQUISITION SQUADRON

366 GUNFIGHTER AVE, BLDG 512, STE 2102

MOUNTAIN HOME AFB, IDAHO 83648-5258

SUBJECT: Request for Quotation, FA489719QA127, Sunshade Maintenance

1. The 366th Financial Acquisition Squadron at Mountain Home Air Force Base, Idaho intends to establish a Firm Fixed Price non-personal services contract for Sunshade Maintenance IAW the attached performance work statement (PWS).

2. General Information: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Additionally, the

Government will utilize simplified procedures in accordance with FAR Part 13.

Notice Type:

Solicitation Number:

Title:

Posted Date:

Solicitation Response Date:

Estimated Award Date:

Set Aside:

NAICS Code:

Point of Contact:

Combined Synopsis/Solicitation

FA489719QA127

Sunshade Maintenance

11 June 2019

18 June 2019, 4:00 PM Mountain Time 1 July 2019

Small Business

541350 – Building Inspection Services

Mr. John Neal, john.neal.12@us.af.mil, 208-828-4011

3. This combined synopsis/solicitation is issued as a Request for Quotation (RFQ) with solicitation number FA489719QA127.

4. A statement that the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01 effective 20 December 2018, Defense Acquisition Circular 20190215 effective 15 February 2018, and Air Force Acquisition Circular

2018-0525 effective 25 May 2018.

5. The North American Industry Classification System (NAICS) code for this solicitation is 541350 –

Building Inspection Services. The small business size standard is $7.5 Million.

6. The contractor is responsible for providing all labor and supplies for routine maintenance on aircraft sunshades in accordance with (IAW) the PWS. Urgent and emergency service shall be coordinated on an as-needed basis and the contractor is responsible for complying with timely services IAW the PWS. The following table contains the description of requirements for the Contract Line Item Numbers (CLIN) items, the location services are to be performed, and the period of performance.

The Site Visit will occur on 14 June 2019 at 1:00 PM. Please refer to 52.237-1 of this solicitation.

CLIN Description Quantity Unit Cost per Unit Total

(USD $) (USD $)

Sunshade Maintenance

- Base Year - Routine Inspection IAW with

Sunshade Maintenance

PWS 28 May 2019

1 EA

Sunshade Maintenance

- Base Year - Routine maintenance IAW with Sunshade Maintenance

PWS 28 May 2019

1 EA

RESERVED CLIN -

Sunshade Maintenance

- Base Year - Urgent and Emergency response IAW with Sunshade Maintenance

PWS 28 May 2019 Do not submit quotes on this CLIN

1 LOT TBD TBD-NTE

Sunshade Maintenance

– Option Year 1 -

Routine Inspection IAW with Sunshade

Maintenance PWS 28 May 2019

1 EA

Sunshade Maintenance

- Option Year 1 -

Routine maintenance

IAW with Sunshade

Maintenance PWS 28 May 2019

1 EA

RESERVED CLIN -

Sunshade Maintenance

- Option Year 1 -

Urgent and Emergency response IAW with

Sunshade Maintenance

PWS 28 May 2019 Do not submit quotes on this CLIN

1 LOT TBD TBD-NTE

Sunshade Maintenance

- Option Year 2 -

Routine Inspection IAW with Sunshade

Maintenance PWS 28 May 2019

1 EA

Sunshade Maintenance

- Option Year 2 -

Routine maintenance

IAW with Sunshade

Maintenance PWS 28 May 2019

1 EA

RESERVED CLIN -

Sunshade Maintenance

- Option Year 2 -

Urgent and Emergency response IAW with

Sunshade Maintenance

PWS 28 May 2019 Do not submit quotes on this CLIN

1 LOT TBD TBD-NTE

Sunshade Maintenance

- Option Year 3 -

Routine Inspection IAW with Sunshade

Maintenance PWS 28 May 2019

1 EA

Sunshade Maintenance

- Option Year 3 -

Routine maintenance

IAW with Sunshade

Maintenance PWS 28 May 2019

1 EA

RESERVED CLIN -

Sunshade Maintenance

- Option Year 3 -

Urgent and Emergency response IAW with

Sunshade Maintenance

PWS 28 May 2019 Do not submit quotes on this CLIN

1 LOT TBD TBD-NTE

Sunshade Maintenance

- Option Year 4 -

Routine Inspection IAW with Sunshade

Maintenance PWS 28 May 2019

1 EA

Sunshade Maintenance

- Option Year 4 -

Routine maintenance

IAW with Sunshade

Maintenance PWS 28 May 2019

1 EA

RESERVED CLIN -

Sunshade Maintenance

– Option Year 4 -

Urgent and Emergency response IAW with

Sunshade Maintenance

PWS 28 May 2019 Do not submit quotes on this CLIN

1 LOT TBD TBD-NTE

(US Dollars $)

TOTAL

Period of Performance:

1 July 2019 – 30 June 2024

Place of Performance:

366 MXG – F3F2LA

Mountain Home AFB, ID 83648

Vendor Information

Address Point of Contact Phone Number Fax Number

E-Mail Address Quote Date Cage Code Web Address

7. ADDENDUM TO 52.212-1, Instructions to Offerors—Commercial Items.

QUOTE PREPARATION INSTRUCTIONS

Submission of Offers

To assure timely and equitable evaluation of the quote, the offeror must follow the instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional data will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information other than cost or pricing data to support a determination of price reasonableness and affordability of the price.

Specific Instructions:

A. QUOTE PRICE - Submit one (1) copy

Provide a summarized quote sheet that is no more than two (2) pages in length. The summary shall clearly provide the price per each contract line item number (CLIN) for each year. In accordance with the solicitation, the quote(s) must be submitted for a base year plus four (4) option years.

Important note: CLINs 0003, 1003, 2003, 3003, 4003 are TDB and should not be included in the quote with a price. These CLINs will be negotiated in the future should the need to arise in accordance with the PWS and contract clauses.

C. CONTACT INFORMATION

Contract Specialist: Mr. John E. Neal john.neal.12@us.af.mil

Contracting Officer: Ms. Monica H. Bardsley monica.bardsley@us.af.mil

Quotes shall be submitted to john.neal.12@us.af.mil by the closing date of the solicitation.

D. CONSISTENT WITH SOLICITATION REQUIREMENTS

Documents submitted in response to this solicitation must be fully responsive to and consistent with the requirements of the solicitation, Performance Work Statement (PWS), and government standards and regulations pertaining to the PWS. This includes contract line item numbering (CLIN) structure.

(End of Addendum) mailto:john.neal.12@us.af.mil mailto:monica.bardsley@us.af.mil mailto:john.neal.12@us.af.mil

ADDENDUM TO 52.212-2, Evaluation – Commercial Items

BASIS FOR AWARD

A. TECHNICAL ACCEPTABILITY:

By submission of its offer, the offeror agrees to comply with all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements.

For the purposes of this solicitation, Technical Requirements are defined as compliance with solicitation requirements and include utilizing the CLIN structure in this solicitation. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Compliance with solicitation requirements will be evaluated as either acceptable or unacceptable.

B. EVALUATING PRICE

An offeror’s proposed prices will be determined by multiplying the quantities identified within each line item included on the Quote Summary Sheet by the unit price for each item to confirm the extended amount of each. Completion of pricing for each line item will be necessary in order to submit a quote for each Option Year. The Total Evaluated Price includes the total price for all options along with the base period.

In accordance with FAR 52.217-8 Option to Extend Services, the Government may require continued performance within the limits and at the rates specified in the contract for the year in which this extension of services is authorized, for a maximum period of up to six months.

Evaluation of options shall not obligate the Government to exercise the option(s). Quotes with option prices that are significantly unbalanced will be evaluated as noncompliant. Offerors shall quote on all items. Quotes that fail to price each item (except for those specifically excepted) or indicate services will be provided at no charge will be evaluated as noncompliant. An offer using a sliding price scale or subject to escalation based on a contingency will be evaluated as noncompliant. Other than firm fixed-price offers will be evaluated as noncompliant. The price evaluation will document the reasonableness and realism of the proposed total evaluated price for the apparent successful offeror.

Important note: CLINs 0003, 1003, 2003, 3003, 4003 are TBD and should not be included in the quote. These CLINs would be negotiated in the future should the need arise in accordance with the clauses contained in the contract.

C. EVALUATION

The evaluation will proceed as follows: Evaluate all quotations for responsiveness; Rank all responsive quotations based upon vendor’s Total Evaluated Price; make a determination of price fair and reasonableness.

The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offer’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(End of Addendum)

8. CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE YEAR-MO SECTION

VARIATION

NAME DATE

252.201-7000 Contracting Officer's Representative 1991-12 SEC G

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

2011-09 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD

Officials. As prescribed in 203.171-4(b), insert the following provision:

2011-11 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I

252.204-7006 Billing Instructions. 2005-10 SEC G

252.204-7008 Compliance with Safeguarding Covered Defense Information

Controls.

2016-10 SEC I

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

2016-10 SEC I

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support.

2016-05 SEC I

252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 SEC I

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of

Terrorism.

2015-10 SEC I

252.215-7007 Notice of Intent to Resolicit 2012-6 SEC I

252.222-7006 Restrictions on the Use of Mandatory Arbitration

Agreements.

2010-12 SEC I

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or

Hazardous Materials.

2014-09 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I

252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I

252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I

252.225-7012 Preference for Certain Domestic Commodities. 2017-12 SEC I

252.225-7048 Export-Controlled Items. 2013-06 SEC I

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns.

2004-09 SEC I

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports.

2018-12 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel.

2013-06 SEC I

252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I

252.243-7002 Requests for Equitable Adjustment. 2012-12 SEC I

252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I

52.219-14 Limitations on Subcontracting (DEVIATION 2019-O0003) 2017-01 SEC I

Deviation

2019-O0003 2018-12

52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2011-11 SEC I

2019-O0003)

Deviation

2019-O0003 2018-12

52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements-

Representation.

2017-01 SEC I

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements.

2017-01 SEC I

52.203-6 Restrictions on Subcontractor Sales to the Government. -

(Alternate I)

2006-09 SEC I

Alternate

I 1995-10

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards.

2018-10 SEC I

52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC K

52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC I

52.204-22 Alternative Line Item Proposal. 2017-01 SEC I

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities.

2018-07 SEC I

52.204-7 System for Award Management. 2018-10 SEC L

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations.

2015-11 SEC I

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment.

2015-10 SEC I

52.219-13 Notice of Set-Aside of Orders. 2011-11 SEC I

52.219-8 Utilization of Small Business Concerns. 2018-10 SEC I

52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I

52.222-37 Employment Reports on Veterans. 2016-02 SEC I

52.222-41 Service Contract Labor Standards. 2018-08 SEC I

52.222-54 Employment Eligibility Verification. 2015-10 SEC I

52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 SEC I

52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 SEC I

52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving.

2011-08 SEC I

52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 SEC I

52.232-33 Payment by Electronic Funds Transfer-System for Award

Management.

2018-10 SEC I

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors.

2013-12 SEC I

52.233-3 Protest after Award. 1996-08 SEC I

52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I

52.237-2 Protection of Government Buildings, Equipment, and

Vegetation.

1984-04 SEC I

52.209-11

5352.223-

Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law.

Health and Safety on Government Installations 2012-11

2016-02

2012-11

SEC I

CLAUSES IN FULL TEXT

CLAUSE

NO.

CLAUSE TITLE (MONTH

YEAR)

VARIATION

NAME DATE

CLAUSE TEXT

52.222-26 Equal Opportunity. (SEP 2015)

(a) Definition. As used in this clause.

"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

"Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations;

salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

"Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-

(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

"Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract

Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

"Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract

Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

"United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana

Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)

(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States.

Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-

1.5).

(c)

(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.

(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-

(i) Employment;

(ii) Upgrading;

(iii) Demotion;

(iv) Transfer;

(v) Recruitment or recruitment advertising;

(vi) Layoff or termination;

(vii) Rates of pay or other forms of compensation; and

(viii) Selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5)

(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance

Programs (OFCCP), to employees and applicants by-

(A) Incorporation into existing employee manuals or handbooks; and

(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.

(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the

Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(7) The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(8) The Contractor shall furnish to the contracting agency all information required by Executive

Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The

Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41

CFR Part60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of

Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment

Opportunity Commission for the necessary forms.

(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.

(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive

Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

(12) The Contractor shall take such action with respect to any subcontract or purchase order as the

Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.

(End of Clause)

52.237-1 Site Visit (Apr 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

The Site Visit will occur on 14 June 2019 at 1:00 PM. Each offeror may send one (1) representative for a site visit. If you plan to attend, you shall provide advance notification that you will be attending to the POCs listed in this solicitation no later than 13 June 2019 at 1:00 PM. The representative will be required to provide their name, contact information, corporate affiliation and any additional information as required for on-base access.

(End of Clause)

52.212-4 Contract Terms and Conditions-Commercial Items. (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act

(31U.S.C.3727). However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic

Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds

Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and

Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment

Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41

U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in

(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the

Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the

Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the

Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the

Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work

Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The StandardForm1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

52.212-1 Instructions to Offerors-Commercial Items. (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-

3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the

Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest;

accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR

Part101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100 470 East L'Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans

Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following

ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single

Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-

5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management

(SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier.

The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to…