Attachment_2_-_FAR_Clauses_Provisions_HSAR_Clauses_and_Terms__-_conformed.pdf

Solicitation Number: 70CMSW18R00000005 Attachment 2

Contract Clauses

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.access.gpo.gov https://www.acquisition.gov

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER PART II - CONTRACT

CLAUSES 1) CLAUSES

NUMBER DATE TITLE

52.202-1 Nov 2013 Definitions 52.203-3 Apr 1984 Gratuities 52.203-5 May 2014 Covenant Against Contingent Fees 52.203-6 Sep 2006 Restrictions On Subcontractor Sales To The Government 52.203-7 May 2014 Anti-Kickback Procedures 52.203-8 May 2014 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 52.203-10 May 2014 Price or Fee Adjustment for Illegal or Improper Activity 52.203-12 Oct 2010 Limitation on Payments to Influence Certain Federal Transactions 52.203-13 Oct 2015 Contractor Code of Business Ethics and Conduct 52.204-4 May 2011 Printed or Copied Double-Sided on Postconsumer Content Paper 52.204-7 Oct 2016 System for Award Management 52.204-10 Oct 2016 Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6 Oct 2015 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.211-5 Aug 2000 Material Requirements 52.212-2 Oct 2014 Evaluation – Commercial Items 52.212-4 Jan 2017 Contract Terms and Conditions – Commercial Items 52.212-5 Jan 2018 Contract Terms and Conditions Required to Implement Statues or

Executive Orders – Commercial Items 52.215-2 Oct 2010 Audit and Records - Negotiation 52.215-8 Oct 1997 Order of Precedence – Uniform Contract Format 52.215-14 Oct 2010 Integrity of Unit Prices 52.215-21 Oct 2010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications 52.216-27 Oct 1995 Single or Multiple Awards 52.217-6 Mar 1989 Option for Increased Quantity 52.219-8 Nov 2016 Utilization of Small Business Concerns http://www.access.gpo.gov/ https://www.acquisition.gov/

52.219-9 Jan 2017 Small Business Subcontracting Plan 52.219-14 Jan 2017 Limitations on Subcontracting 52.219-16 Jan 1999 Liquidated Damages – Subcontracting Plan 52.222-1 Feb 1997 Notice to the Government of Labor Disputes 52.222-3 Jun 2003 Convict Labor 52.222-19 Jan 2018 Child Labor – Cooperation with Authorities and Remedies 52.222-21 Apr 2015 Prohibition of Segregated Facilities 52.222-26 Sept 2016 Equal Opportunity 52.222-35 Oct 2015 Equal Opportunity for Veterans 52.222-36 Jul 2014 Equal Opportunity for Workers with Disabilities 52.222-37 Feb 2016 Employment Reports on Veterans 52.222-50 Mar 2015 Combating Trafficking in Persons 52.222-54 Oct 2015 Employment Eligibility Verification 52.223-5 May 2011 Pollution Prevention and Right-to-Know Information 52.223-6 May 2001 Drug-Free Workplace 52.225-1 May 2014 Buy American -- Supplies 52.225-13 Jun 2008 Restrictions on Certain Foreign Purchases 52.227-1 Dec 2007 Authorization and Consent 52.227-2 Dec 2007 Notice and Assistance Regarding Patent and Copyright Infringement 52.227-14 May 2014 Rights in Data - General 52.229-3 Feb 2013 Federal, State, and Local Taxes 52.232-1 Apr 1984 Payments 52.232-8 Feb 2002 Discounts for Prompt Payment 52.232-11 Apr 1984 Extras 52.232-17 May 2014 Interest 52.232-23 May 2014 Assignment of Claims 52.232-25 Jan 2017 Prompt Payment 52.232-33 Jul 2013 Payment by Electronic Funds Transfer – System for Award Management 52.232-35 Jul 2013 Designation of Office for Government Receipt of Electronic Funds Transfer Information 52.233-1 May 2014 Disputes 52.233-3 Aug 1996 Protest After Award 52.233-4 Oct 2004 Applicable Law for Breach of Contract Claim 52.242-13 Jul 1995 Bankruptcy 52.243-1 Aug 1987 Changes – Fixed Price 52.244-2 Oct 2010 Subcontracts 52.244-6 Nov 2017 Subcontracts for Commercial Items 52.246-23 Feb 1997 Limitation of Liability 52.247-34 Nov 1991 F.O.B. Destination 52.249-2 Apr 2012 Termination for Convenience of the Government (Fixed-Price) 52.249-8 Apr 1984 Default (Fixed-Price Supply and Service) 52.253-1 Jan 1991 Computer Generated Forms

52.209-1 -- QUALIFICATION REQUIREMENTS (FEB 1995)

(a) Definition. “Qualification requirement,” as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification. See Attachment 1 – STATEMENT OF WORK

– 9MM LUGER CALIBER READILY IDENTIFIABLE TRAINING AMMUNITION.

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror’s Name _______________________________

Manufacturer’s Name __________________________

Source’s Name _______________________________

Item Name __________________________________

Service Identification __________________________

Test Number ______________________________ (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government’s best interests.

(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government’s interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

52.209-4 -- FIRST ARTICLE APPROVAL -- GOVERNMENT TESTING (SEP 1989)

(a) The Contractor shall deliver 8,000 units of each Item within 60 calendar days from the date of this contract to the Government at, Attn: Lowell Johnson, ICE Armory Operations, Attn:

[Contract number/Order number], 320 East Chestnut Avenue, Altoona, PA 16601 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 30 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor --

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS (NOV 2017)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraph (c) through (o) of this provision.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite Delivery/Indefinite Quantity (IDIQ) contract whereby Firm-Fixed-Price (FFP) delivery orders will be issued.

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 contract award through date of contract completion.

http://orca.bpn.gov/

(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 10,000 rounds 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 10,000,000 rounds. Note: In The event the Contractor receives an order more than 10,000,000 rounds, the Contractor may add an additional 30 days delivery for each 5,000,000 Rounds over 10,000,000.

(2) Any order for a combination of items in excess of 10,000,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (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 7 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 as 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 6 months after the contract’s expiration.

(End of Clause)

52.217-7 -- Option for Increased Quantity -- Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

The Government may extend the term of this contract by written notice to the Contractor within sixty (60) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension.

If the Government exercises this option, the extended contract shall be considered to include this Option clause.

The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (60) months.

NON-PAYMENT FOR ADDITIONAL WORK

Any additional supplies or services or a change to work specified herein which may be performed by the Contractor, either of his own volition or at the request of an individual other than a duly appointed Contracting Officer or his/her designee except as may be explicitly authorized in this contract, are not authorized and will not be paid for under the contract. Only a duly appointed Contracting Officer is authorized to change the specifications, terms and conditions in this contract.

(End of Clause)

HSAR CLAUSES:

This solicitation also incorporates the following Homeland Security Acquisition Regulation (HSAR) clauses:

3052.209.70 Prohibition on Contracts with Corporate Expatriates (Jun 2006) 3052.219-70 Small Business Subcontracting Plan Reporting (Jun 2006) 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003) 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (Dec 2003) 3052.242-72, Contracting Officer’s Technical Representative (Dec 2003)