70FB7020R00000010 FINAL.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

FEMA HQ

WASHINGTON DC 20472

500 C STREET SW

OFFICE OF CHIEF PROCUREMENT OFFICE

FEDERAL EMERGENCY MANAGEMENT AGENCY

FEMA HQ

CODE 16. ADMINISTERED BYCODE

X

X

X

321991

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFEMA HQ

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/09/2020

Angelina Bachemin (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

09/22/2020 1400 ES

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70FB7020R00000010

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 72 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

3RD FLOOR

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

WASHINGTON DC 20472

3RD FLOOR

500 C STREET SW

OFFICE OF CHIEF PROCUREMENT OFFICE

FEDERAL EMERGENCY MANAGEMENT AGENCY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FEMA HQ

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This solicitation is for a indefinite-delivery, indefinite-quantity contract for FEMA Next Generation (Next Gen) Manufactured Housing Units (MHU) (Next Gen MHU). This requirement is full and open with a partial small business set-aside.

Detailed information and designs for these items are included in the solicitation attachments.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Angelina Bachemin

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

x partial

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

72 2 of

SECTION B - Supplies or Services/Prices

1 TITLE: Next Generation Manufactured Housing Unit

2 B.1 AGENCY/OFFICE:

3 Federal Emergency Management Agency (FEMA)

4 B.2 DESCRIPTION OF REQUIREMENT:

5 Next Generation (NexGen) Manufactured Housing Units (MHU) - The Contractor shall manufacture 6 the MHUs in accordance with this contract to include the MHU Statement of Work (SOW) 7 (Attachment 2), and the FEMA Design Packages and related appendices (Attachment 3).

8 The MHU types and box sizes are listed in the table below:

MHU Type MHU Box Size

NextGen Express One Bedroom 8’ X 48’

NextGen 14 Ft Wide One Bedroom 13’6” X 42’8”

NextGen 14 Ft Wide Two Bedroom 13’6” X 50’8”

NextGen 14 Ft Wide Three Bedroom 13’6” X 68’

10 B.3 PRICE/COST SCHEDULE

11 The Price/ Cost Schedule lists the items and ancillary services that the Government will purchase 12 under this contract . Items within the scope of this contract may be added by mutual agreement of 13 the parties.

14 See Attachment 1, NextGen MHU Pricing Spreadsheet

15 B.4 MINIMUM AND MAXIMUM ORDERING LIMITATION

16 The guaranteed minimum order for the life of the contract is 20 units. Issuance of a single order or a series of 17 orders having a cumulative value equal to or greater than the minimum guarantee satisfies the guarantee. The 18 exercise of an option does not re-establish, or result in an increase to, the contract minimum guarantee or 19 contract lifetime ceiling. The contract maximum is $800 Million for the base year and all option periods, if 20 options are exercised. The contract maximum is not a contractual guarantee.

22 B.5 PERIOD OF PERFORMANCE

23 The period of performance and unit delivery requirements shall be stated on individual task orders.

24 The ordering period of the basic contract shall be five (5) years from date of award.

25 B.6 PRINCIPAL PLACE OF PERFORMANCE

26 The performance of the work for the contract shall commence at the Contractor’s facility, with 27 delivery to locations specified in the contract and delivery orders.

28 FEMA will facilitate the contractor’s access to FEMA facilities in order for the contractor to provide 29 staff at the receiving locations.

30 B.7 IDENTIFICATION OF GOVERNMENT OFFICIALS

31 B.7.1 Government Officials Assigned to this Contract

32 Primary FEMA Contracting Officers: Completed at Award

33 Contracting Officer’s Representative: Completed at Award

34 B.7.2 Invoice Approval

35 The following FEMA individual (in addition to the Contracting Officer) is hereby delegated 36 authority to accept goods and services and to review and approve invoices for this contract:

37 Authorized Invoice Approver: Completed at Award

38 B.8 INVOICE INSTRUCTIONS

39 Invoices/vouchers shall be submitted to Finance-Vendor-Payments@fema.dhs.gov, and shall be 40 submitted in accordance with the requirements of FAR 52.212-4.

41 B.9 STATEMENT OF WORK

42 MHU Statement of Work (Attachment 2)

43 B.10 CORRESPONDENCE PROCEDURES

44 To promote timely and effective administration, correspondence (except for invoices and reports) 45 submitted under this contract is subject to the following procedures:

46 (a) Subject Line(s) - All correspondence should contain a subject line, commencing with 47 the contract number and subject matter. An example is illustrated below:

48 SUBJECT: CONTRACT NO. (70FB7020R00000010), REQUEST FOR SUBCONTRACT CONSENT.

49 (b) Technical Correspondence - Technical correspondence (as used herein, this term excludes 50 correspondence where patent or proprietary data issues are involved or correspondence which 51 proposes or otherwise involves waivers, deviations, or modifications to the requirements, terms, or 52 conditions of this contract) should be addressed to the Contracting Officer , with an information 53 copy of the correspondence to the Contracting Officer Representative (COR).

mailto:Finance-Vendor-Payments@fema.dhs.gov

55 SECTION C - CONTRACT CLAUSES FAR 52.212-4 ADDENDUM

56 52.203-3 Gratuities. (APR 1984)

57 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

58 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of 59 Whistleblower Rights. (JUN 2020)

60 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

61 52.204-13 System for Award Management Maintenance. (OCT 2018)

62 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services

63 orEquipment (Aug 2020)

64 52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019)

65 52.211-15 Defense Priority and Allocation Requirements. (APR 2008)

66 52.211-17 Delivery of Excess Quantities. (SEP 1989)

67 52.222-3 Convict Labor. (JUN 2003)

68 52.222-19 Child Labor - Cooperation with Authorities and Remedies. (JAN 2020)

69 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020)

70 52.223-6 Drug-Free Workplace. (MAY 2001)

71 52.229-3 Federal, State, and Local Taxes. (FEB 2013)

72 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

73 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

74 52.242-13 Bankruptcy. (JUL 1995)

75 52.242-15 Stop-Work Order. (AUG 1989)

76 52.246-2 Inspection of Supplies - Fixed-Price. (AUG 1996)

77 52.246-16 Responsibility for Supplies. (APR 1984)

78 52.209-4 First Article Approval - Government Testing. (SEP 1989) - Alternate I (JAN 1997)

79 (a) The Contractor shall deliver the First Article Approval Test MHUs within the delivery 80 days stated in the awarded delivery order. The shipping documentation shall contain this contract

81 number and the Lot/Item identification. The characteristics that the first article must meet and the 82 testing requirements are specified elsewhere in this contract.

83 (b) Within 5 calendar days after the Government receives the first article, the Contracting 84 Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of 85 the first article. The notice of conditional approval or approval shall not relieve the Contractor from 86 complying with all requirements of the specifications and all other terms and conditions of this 87 contract. A notice of conditional approval shall state any further action required of the Contractor. A 88 notice of disapproval shall cite reasons for the disapproval.

89 (c) If the first article is disapproved, the Contractor, upon Government request, shall submit 90 an additional first article for testing. After each request, the Contractor shall make any necessary 91 changes, modifications, or repairs to the first article or select another first article for testing. All 92 costs related to these tests are to be borne by the Contractor, including any and all costs for 93 additional tests following a disapproval. The Contractor shall furnish any additional first article to 94 the Government under the terms and conditions and within the time specified by the Government.

95 The Government shall act on this first article within the time limit specified in paragraph (b) 96 above. The Government reserves the right to require an equitable adjustment of the contract price 97 for any extension of the delivery schedule or for any additional costs to the Government related to 98 these tests.

99 (d) If the Contractor fails to deliver any first article on time, or the Contracting Officer 100 disapproves any first article, the Contractor shall be deemed to have failed to make delivery 101 within the meaning of the Default clause of this contract.

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

103 (1) May deliver the approved first article as a part of the contract quantity, provided it 104 meets all contract requirements for acceptance and was not consumed or destroyed in testing;

105 and

106 (2) Shall remove and dispose of any first article from the Government test facility at the Contractor's 107 expense.

108 (f) If the Government does not act within the time specified in paragraph (b) or (c) above, 109 the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust 110 under the Changes clause of this contract the delivery or performance dates and/or the contract 111 price, and any other contractual term affected by the delay.

112 (g) The Contractor is responsible for providing operating and maintenance instructions, 113 spare parts support, and repair of the first article during any first article test.

114 (h) Before first article approval, the acquisition of materials or components for, or the 115 commencement of production of, the balance of the contract quantity is at the sole risk of the 116 Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for 117 (1) progress payments, or (2) termination settlements if the contract is terminated for the 118 convenience of the Government.

119 (i) The Government may waive the requirement for first article approval test where supplies 120 identical or similar to those called for in the schedule have been previously furnished by the 121 Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request 122 a waiver.

123 (j) The Contractor shall produce both the first article and the production quantity at the same facility.

124 (End of clause)

125 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018)

126 (a) The Contractor shall update the information in the Federal Awardee Performance and 127 Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the 128 contract, by posting the required information in the System for Award Management via 129 https://www.sam.gov.

130 (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L.

131 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance 132 reviews, will be publicly available. FAPIIS consists of two segments-

133 (1) The non-public segment, into which Government officials and the Contractor post 134 information, which can only be viewed by--

135 (i) Government personnel and authorized users performing business on behalf of the Government; or

136 (ii) The Contractor, when viewing data on itself; and

137 (2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is 138 automatically transferred after a waiting period of 14 calendar days, except for-

139 (i) Past performance reviews required by subpart 42.15;

140 (ii) Information that was entered prior to April 15, 2011; or

141 (iii) Information that is withdrawn during the 14-calendar-day waiting period by the 142 Government official who posted it in accordance with paragraph (c)(1) of this clause.

143 (c) The Contractor will receive notification when the Government posts new information to the 144 Contractor's record.

145 (1) If the Contractor asserts in writing within 7 calendar days, to the Government official who 146 posted the information, that some of the information posted to the non-public segment of FAPIIS is 147 covered by a disclosure exemption under the Freedom of Information Act, the Government official 148 who posted the information must within 7 calendar days remove the posting from FAPIIS and 149 resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting 150 the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar 151 days of the posting to FAPIIS.

http://www.sam.gov/

152 (2) The Contractor will also have an opportunity to post comments regarding information that 153 has been posted by the Government. The comments will be retained as long as the associated 154 information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of 155 the record unless the Contractor revises them.

156 (3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or 157 after April 15, 2011, except past performance reviews, will be publicly available.

158 (d) Public requests for system information posted prior to April 15, 2011, will be handled 159 under Freedom of Information Act procedures, including, where appropriate, procedures 160 promulgated under E.O. 12600.

161 (End of clause)

162 52.211-11 Liquidated Damages - Supplies, Services, or Research and Development. (SEP 2000)

163 (a) If the Contractor fails to deliver the supplies or perform the services within the time 164 specified in this contract, the Contractor shall, in place of actual damages, pay to the Government 165 liquidated damages of $120.00 per delayed unit per calendar day of delay until the units are 166 delivered to and accepted by FEMA.

167 (b) If the Government terminates this contract in whole or in part under the Default - Fixed- 168 Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the 169 Government reasonably obtains delivery or performance of similar supplies or services. These 170 liquidated damages are in addition to excess costs of repurchase under the Termination clause.

171 (c) The Contractor will not be charged with liquidated damages when the delay in delivery or 172 performance is beyond the control and without the fault or negligence of the Contractor as defined in 173 the Default - Fixed-Price Supply and Service clause in this contract.

174 (End of clause)

175 52.211-16 Variation in Quantity. (APR 1984)

176 (a) A variation in the quantity of any item called for by this contract will not be accepted 177 unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in 178 manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

179 (b) The permissible variation shall be limited to:

180 (To be cited on individual orders) Percent increase

181 (To be cited on individual orders) Percent decrease

182 This increase or decrease shall apply to (To be cited on individual orders*)

183 (End of clause)

184 * Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, 185 such as (1) The total contract quantity, (2) Item 1 only, (3) Each quantity specified in the delivery 186 schedule, (4) The total item quantity for each destination, or (5) The total quantity of each item 187 without regard to destination.

188 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive 189 Orders - Commercial Items. (JUN 2020)

190 (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, 191 which are incorporated in this contract by reference, to implement provisions of law or Executive orders 192 applicable to acquisitions of commercial items:

193 (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 194 (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations 195 Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended 196 in continuing resolutions)).

197 (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or 198 Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

199 (3) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance 200 Services or Equipment (Aug 2020)

201 (4) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance 202 Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

203 (5) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019)

204 (6) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5)

205 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

206 (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 207 108-78 (19 U.S.C. 3805 note)).

208 (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the 209 Contracting Officer has indicated as being incorporated in this contract by reference to implement 210 provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting 211 Officer check as appropriate.)

212 [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 213 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

214 [X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

215 [ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 216 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

217 Reinvestment Act of 2009.)

218 [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.

219 L. 109-282) (31U.S.C. 6101 note).

220 (5) (Reserved)

221 (6) (Reserved)

222 (7) (Reserved)

223 [X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, 224 Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

225 [ X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

226 (41 U.S.C. 2313).

227 [ ] (10) (Reserved)

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

229 [ ] (ii) Alternate I (MAR 2020) of 52.219-3.

230 [ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 231 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

232 [ ] (ii) Alternate I (MAR 2020) of 52.219-4.

233 [ ] (13) (Reserved)

234 [ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

235 [ ] (ii) Alternate I (MAR 2020).

236 [X] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

237 [ ] (ii) Alternate I (MAR 2020) of 52.219-7.

238 [X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

239 [X] (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

240 [ ] (ii) Alternate I (NOV 2016) of 52.219-9.

241 [ ] (iii) Alternate II (NOV 2016) of 52.219-9.

242 [ ] (iv) Alternate III (JUN 2020) of 52.219-9.

243 [ ] (v) Alternate IV (JUN 2020) of 52.219-9.

244 [X] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

245 [ ] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

246 [X] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

247 [ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15

248 U.S.C. 657f).

249 [ ] (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C.

250 632(a)(2)).

251 [ ] (ii) Alternate I (MAR 2020) of 52.219-28.

252 [ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- 253 Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

254 [ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business 255 Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

256 [ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

257 [ ] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

258 [X] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

259 [X] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

260 [X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

261 [X] (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

262 [ ] (ii) Alternate I (FEB 1999) of 52.222-26.

263 [X] (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

264 [ ] (ii) Alternate I (JUL 2014) of 52.222-35.

265 [X] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

266 [ ] (ii) Alternate I (JUL 2014) of 52.222-36.

267 [X] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

268 [X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 269 (E.O. 13496).

270 [X] (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

271 [ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

272 [ ] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the 273 acquisition of commercially available off-the-shelf items or certain other types of commercial items as 274 prescribed in 22.1803.)

275 [ ] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 276 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the- 277 shelf items.)

278 [ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of 279 commercially available off-the-shelf items.)

280 [X] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

281 (JUN 2016) (E.O. 13693).

282 [ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air 283 Conditioners (JUN 2016) (E.O. 13693).

284 [ ] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and

285 13514).

286 [ ] (ii) Alternate I (OCT 2015) of 52.223-13.

287 [ ] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

288 (ii) Alternate I (JUN 2014) of 52.223-14.

289 [X] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

290 [ ] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

291 13423 and 13514).

292 [ ] (ii) Alternate I (JUN 2014) of 52.223-16.

293 [X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

294 (E.O. 13513).

295 [X] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

296 [X] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

297 [ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

298 [ ] (ii) Alternate I (JAN 2017) of 52.224-3.

299 [ X] (48) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

300 [ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 301 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 302 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

303 [ ] (ii) Alternate I (MAY 2014) of 52.225-3.

304 [ ] (iii) Alternate II (MAY 2014) of 52.225-3.

305 [ ] (iv) Alternate III (MAY 2014) of 52.225-3.

306 [ ] (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

307 [X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and 308 statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

309 [ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) 310 (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 311 Note).

312 [ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

313 [ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42

314 U.S.C. 5150).

315 [ ] (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

316 [ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10

317 U.S.C. 2307(f)).

318 [ ] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.

319 2307(f)).

320 [X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 321 U.S.C. 3332).

322 [ ] (59) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 323 2013) (31 U.S.C. 3332).

324 [ ] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

325 [X] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

326 [ ] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

327 [ ] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

328 Appx. 1241(b) and 10 U.S.C. 2631).

329 [ ] (ii) Alternate I (APR 2003) of 52.247-64. [ ] (iii) Alternate II (FEB 2006) of 52.247-64.

330 (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable 331 to commercial services, that the Contracting Officer has indicated as being incorporated in this 332 contract by reference to implement provisions of law or Executive orders applicable to 333 acquisitions of commercial items: (Contracting Officer check as appropriate.)

334 [X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

335 [X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 336 U.S.C. chapter 67).

337 [ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple 338 Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

339 [ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 340 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

341 [ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for 342 Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 343 67).

344 [ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for 345 Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).

346 [X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

347 [X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

348 [ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

349 (d) Comptroller General Examination of Record. The Contractor shall comply with the 350 provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess 351 of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 352 and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

353 (1) The Comptroller General of the United States, or an authorized representative of the 354 Comptroller General, shall have access to and right to examine any of the Contractor's directly 355 pertinent records involving transactions related to this contract.

356 (2) The Contractor shall make available at its offices at all reasonable times the records, 357 materials, and other evidence for examination, audit, or reproduction, until 3 years after final 358 payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor 359 Records Retention, of the other clauses of this contract. If this contract is completely or partially 360 terminated, the records relating to the work terminated shall be made available for 3 years after any 361 resulting final termination settlement. Records relating to appeals under the disputes clause or to 362 litigation or the settlement of claims arising under or relating to this contract shall be made available

363 until such appeals, litigation, or claims are finally resolved.

364 (3) As used in this clause, records include books, documents, accounting procedures and 365 practices, and other data, regardless of type and regardless of form. This does not require the 366 Contractor to create or maintain any record that the Contractor does not maintain in the ordinary 367 course of business or pursuant to a provision of law.

368 (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this 369 clause, the Contractor is not required to flow down any FAR clause, other than those in this 370 paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise 371 indicated below, the extent of the flow down shall be as required by the clause-

372 (i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

373 (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or 374 Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further 375 Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent 376 appropriations acts (and as extended in continuing resolutions)).

377 (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or 378 Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

379 (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video 380 Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

381 (v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and 382 (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except 383 subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) 384 on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts 385 that offer subcontracting opportunities.

386 (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

387 (vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

388 (viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

389 (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

390 (x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

391 (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 392 (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

393 (xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

394 (xiii) [X] (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and

395 E.O. 13627).

396 (xiv) [ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

397 (xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for 398 Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 399 67).

400 (xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for 401 Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).

402 (xvii) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

403 (xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

404 (xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

405 (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

406 (B) Alternate I (JAN 2017) of 52.224-3.

407 (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 408 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

409 2302 Note).

410 (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

411 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

412 (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

413 Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 414 52.247-64.

415 (2) While not required, the Contractor May include in its subcontracts for commercial items a minimal 416 number of additional clauses necessary to satisfy its contractual obligations.

417 (End of clause)

418 52.216-18 Ordering. (OCT 1995)

419 (a) Any supplies and services to be furnished under this contract shall be ordered by issuance 420 of delivery orders or task orders by the individuals or activities designated in the Schedule. Such 421 orders may be issued for a period of five (5) years from date of award. Upon award any contract 422 resulting from this solicitation, firm dates, reflecting this period, shall be included in this clause.

423 (b) All delivery orders or task orders are subject to the terms and conditions of this contract.

424 In the event of conflict between a delivery order or task order and this contract, the contract shall 425 control.

426 (c) If mailed, a delivery order or task order is considered "issued" when the Government 427 deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce 428 methods only if authorized in the Schedule.

429 (End of clause)

430 52.216-19 Order Limitations. (OCT 1995)

431 (a) Minimum order. When the Government requires supplies or services covered by this 432 contract in an amount of less than 20 of any combination of types of manufactured housing units, the 433 Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or 434 services under the contract.

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

436 (1) Any order for a single item in excess of 6000 units (2500 units small business);

437 (2) Any order for a combination of items in excess of 6000 units (2500 units small business); or

438 (3) A series of orders from the same ordering office within 30 days that together call for 439 quantities exceeding the limitation in subparagraph (b)(1) or (2) above.

440 (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 441 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a 442 part of any one requirement from the Contractor if that requirement exceeds the maximum-order 443 limitations in paragraph (b) above.

444 (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order 445 exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned 446 to the ordering office within 5 days after issuance, with

447 written notice stating the Contractor's intent not to ship the item (or items) called for and the 448 reasons. Upon receiving this notice, the Government may acquire the supplies or services from 449 another source.

450 (End of clause)

451 52.216-22 Indefinite Quantity. (OCT 1995)

452 (a) This is an indefinite-quantity contract for the supplies or services specified, and 453 effective for the period stated, in the Schedule. The quantities of supplies and services specified in 454 the Schedule are estimates only and are not purchased by this contract.

455 (b) Delivery or performance shall be made only as authorized by orders issued in accordance 456 with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the 457 supplies or services specified in the Schedule up to and including the quantity designated in the 458 Schedule as the maximum. The Government shall order at least the quantity of supplies or services 459 designated in the Schedule as the minimum.

460 (c) Except for any limitations on quantities in the Order Limitations clause or in the 461 Schedule, there is no limit on the number of orders that may be issued. The Government may issue 462 orders requiring delivery to multiple destinations or performance at multiple locations.

463 (d) Any order issued during the effective period of this contract and not completed within that 464 period shall be completed by the Contractor within the time specified in the order. The contract shall 465 govern the Contractor's and Government's rights and obligations with respect to that order to the 466 same extent as if the order were completed during the contract's effective period; provided, that the 467 Contractor shall not be required to make any deliveries under this contract after [insert date].

468 (End of clause)

469 52.216-24 Limitation of Government Liability. (APR 1984)

470 (a) In performing this contract, the Contractor is not authorized to make expenditures or 471 incur obligations exceeding (To be determined on applicable delivery orders) dollars.

472 (b) The maximum amount for which the Government shall be liable if this contract is 473 terminated is (To be determined on applicable delivery orders) dollars.

474 (End of clause)

475 52.216-32 Task-Order and Delivery-Order Ombudsman. (SEP 2019)

476 (a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order 477 and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the 478 Contractor concerning all task-order and delivery-order actions for this contract and ensure the 479 Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the 480 procedures in the contract.

481 David Orris, David.Orris@fema.dhs.gov

482 (b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., 483 protests).

484 (c) Before consulting with the Ombudsman, the Contractor is encouraged to first address 485 complaints with the Contracting Officer for resolution. When requested by the Contractor, the 486 Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited 487 by law or agency procedure.

488 (End of clause)

489 52.217-6 Option for Increased Quantity. (MAR 1989)

490 The Government may increase the quantity of supplies called for in the Schedule at the unit price 491 specified. The Contracting Officer may exercise the option by written notice to the Contractor 492 within (To be cited on individual delivery orders, if applicable) . Delivery of the added items shall 493 continue at the same rate as the like items called for under the contract, unless the parties otherwise 494 agree.

mailto:David.Orris@fema.dhs.gov

495 (End of clause)

496 52.217-7 Option for Increased Quantity - Separately Priced Line Item. (MAR 1989)

497 The Government may require the delivery of the numbered line item, identified in the Schedule as an 498 option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may 499 exercise the option by written notice to the Contractor within (To be cited on individual delivery 500 orders, if applicable.). Delivery of added items shall continue at the same rate that like items are 501 called for under the contract, unless the parties otherwise agree.

502 (End of clause)

503 52.217-8 Option To Extend Services. (NOV 1999)

504 The Government may require continued performance of any services within the limits and at the rates 505 specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor 506 rates provided by the Secretary of Labor. The option provision may be exercised more than once, but 507 the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may 508 exercise the option by written notice to the Contractor within 5 days of contract expiration.

509 (End of clause)

510 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

511 (a) The Government may extend the term of this contract by written notice to the Contractor within 30 512 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at 513 least 60 days before the contract expires. The preliminary notice does not commit the Government to an 514 extension.

515 (b) If the Government exercises this option, the extended contract shall be considered to include this 516 option clause.

517 (c) The total duration of this contract, including the exercise of any options under this clause, shall not 518 exceed five (5) years.

520 (End of clause)

522 52.246-18 Warranty of Supplies of a Complex Nature. (MAY 2001)

523 (a) Definitions. As used in this clause-

524 Acceptance means the act of an authorized representative of the Government by which the 525 Government assumes for itself, or as an agent of another, ownership of existing and identified 526 supplies, or approves specific services rendered, as partial or complete performance of the contract.

527 Supplies means the end items furnished by the Contractor and related services required under this 528 contract. The word does not include "data."

529 (b) Contractor's obligations. (1) The Contractor warrants that for one (1) year all supplies 530 furnished under this contract will be free from defects in material and workmanship and will conform 531 with all requirements of this contract; provided, however, that with respect to Government-furnished 532 property, the Contractor's warranty shall extend only to its proper installation, unless the Contractor 533 performs some modification or other work on the property, in which case the Contractor's warranty 534 shall extend to the modification or other work.

535 (2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the 536 conditions of this clause to the same extent as supplies initially delivered. This warranty shall be 537 equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of 538 delivery of the corrected or replaced supplies.

539 (3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, 540 drawings, or other equipment or supplies necessary to accomplish the correction or replacement have 541 been made unavailable to the Contractor by action of the Government. In the event that correction or 542 replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in 543 writing, of the non-availability.

544 (4) The Contractor shall also prepare and furnish to the Government data and reports 545 applicable to any correction required (including revision and updating of all affected data called 546 for under this contract) at no increase in the contract price.

547 (5) When supplies are returned to the Contractor, the Contractor shall bear the transportation 548 costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the point 549 of acceptance) to the Contractor's plant and return.

550 (6) All implied warranties of merchantability and fitness for a particular purpose are 551 excluded from any obligation contained in this contract.

552 (c) Remedies available to the Government. (1) In the event of a breach of the Contractor's 553 warranty in paragraph (b)(1) of this clause, the Government may, at no increase in contract price-

554 (i) Require the Contractor, at the place of delivery specified in the contract (irrespective of 555 the f.o.b. point or the point of acceptance) or at the Contractor's plant, to repair or replace, at the 556 Contractor's election, defective or nonconforming supplies; or

557 (ii) Require the Contractor to furnish at the Contractor's plant the materials or parts and 558 installation instructions required to successfully accomplish the correction.

559 (2) If the Contracting Officer does not require correction or replacement of defective or 560 nonconforming supplies or the Contractor is not obligated to correct or replace under paragraph 561 (b)(3) of this clause, the Government shall be entitled to an equitable reduction in the contract 562 price.

563 (3) The Contracting Officer shall notify the Contractor in writing of any breach of the

564 warranty in paragraph (b) of this clause within 30 days The Contractor shall submit to the Contracting 565 Officer a written recommendation within 20 days as to the corrective action required to remedy the 566 breach. After the notice of breach, but not later than 5 business days after receipt of the Contractor's 567 recommendation for corrective action, the Contracting Officer may, in writing, direct correction or 568 replacement as in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any 569 disagreement regarding the existence of a breach of warranty, comply with this direction. If it is later 570 determined that the Contractor did not breach the warranty in paragraph (b)(1) of this clause, the 571 contract price will be equitably adjusted.

572 (4) If supplies are corrected or replaced, the period for notification of a breach of the 573 Contractor's warranty in paragraph (c)(3) of this clause shall be 5 years from the furnishing or return 574 by the Contractor to the Government of the corrected or replaced supplies or parts thereof, or, if 575 correction or replacement is effected by the Contractor at a Government or other activity, for 5 years 576 thereafter.

577 (5) The rights and remedies of the Government provided in this clause are in addition to and 578 do not limit any rights afforded to the Government by any other clause of the contract.

579 (End of clause)

580 52.246-19 Warranty of Systems and Equipment under Performance Specifications or Design Criteria.

581 (MAY 2001)

582 (a) Definitions. As used in this clause--

583 Acceptance means the act of an authorized representative of the Government by which the 584 Government assumes for itself, or as an agent of another, ownership of existing and identified 585 supplies, or approves specific services rendered, as partial or complete performance of the contract.

586 Defect means any condition or characteristic in any supplies or services furnished by the Contractor 587 under the contract that is not in compliance with the requirements of the contract.

588 Supplies means the end items furnished by…