AG-024B-S-16-0003_Solicitation.pdf

OFFEROR’S COPY

(Ref. 48 CFR 1)

Issuing Office:

NATIONAL INTERAGENCY FIRE CENTER

U.S. FOREST SERVICE, CONTRACTING

OWYHEE BUILDING - MS 1100

3833 S. DEVELOPMENT AVE

BOISE, ID 83705

This solicitation can be downloaded from the following Internet site: https://www.fbo.gov/

Offers Are Solicited For:

Certification Establishing Tolerance to Transmitting Portable Electronic Devices (T- PEDs)

Solicitation No:

AG-024B-S-16-0003

Issued Date:

IMPORTANT – NOTICE TO OFFEROR

- Offers will be due on November 3, 2015 @ 1400 Mountain Time.

- The offeror shall submit the following items in response to this solicitation:

1. SF-1449, blocks 17a, 30a-30c: Complete, date, and sign.

2. Fill in the appropriate information requested in Sections B.1, Schedule of Items.

3. Provide your responses to Sections E.3, E.6, E.7, and E.8 (Representations and Certifications) of the solicitation.

4. All offerors shall be registered with the System for Award Management at https://www.sam.gov.

THE SOLICITATION PACKAGE SHALL BE RETURNED TO THE FOLLOWING ADDRESS:

National Interagency Fire Center U.S. Forest Service, Contracting Attn: Solicitation No. AG-024B-S-16-0003 Owyhee Building - MS 1100 3833 S. Development Ave Boise, ID 83705-5354

No facsimile (FAX) or e-mail offers will be accepted.

Offerors may contact Michael McFarlane for information about this solicitation at 208-387-5695 or 208-860- 7334.

“The policy of the United States Department of Agriculture Forest Service prohibits discrimination on the basis of race, color, national origin, age, religion, sex, disability, family status, and/or political affiliation.” Persons believing they have been discriminated against in any Forest Service related activity should write to: Chief, Forest Service, USDA, P. O. Box 96090, Washington, DC 20090-6090.

Previous editions of this form are obsolete. FS-6300-44 (11/79)

Solicitation No. AG-024B-S-16-0003 U.S. Forest Service T-PED STCs for USFS Fleet Aircraft National Office

TABLE OF CONTENTS

i

SECTION A - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

STANDARD FORM 1449

SECTION B - SCHEDULE OF ITEMS

B.1 SCHEDULE OF ITEMS

B.2 SCOPE

B.3 AIRCRAFT

B.4 LOCATION

B.5 TECHNICAL REQUIREMENTS

B.6 DELIVERABLES

SECTION C - CONTRACT CLAUSES

C.1 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FAR 52.212-4)

(MAY 2015)

C.2 CONTRACT CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)

(FEB 1998)

C.3 CONTRACT TERMS AND CONDITIONS REQUIRED TOIMPLEMENT STATUTES

OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (FAR 52.212-5) (MAY 2015)

C.4 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS

FOR CORPORATE APPLICANTS (AGAR 452.209-71) (ALTERNATE 1) (FEB 2012)

C.5 EFFECTIVE PERIOD OF THE CONTRACT (AGAR 452.211-75) (FEB 1988)

C.6 ORDERING (FAR 52.216-18) (OCT 1995)

C.7 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (AGAR 452.216-73) (FEB 1988)

C.8 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)

C.9 INDEFINITE QUANTITY (FAR 52.216-22) (OCT 1995)

C.10 OPTION TO EXTEND SERVICES (FAR 52.217-8) (NOV 1999)

C.11 ORDERING. THE FOLLOWING IS ADDED:

C.12 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR 2000)

C.13 ADDENDUM TO FAR 52.212-4 (G) INVOICES

C.14 NOTICE OF CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM (JUL 2010)

C.15 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

C.16 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

C.17 GOVERNMENT-FURNISHED PROPERTY

C.18 TASK/DELIVERY ORDERS (TO/DO)

C.19 MEASUREMENT AND PAYMENT

C.20 THIRD PARTY AGREEMENTS

C.21 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACT (SEP 2013)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

D.1 SECTION D EXHIBITS

SECTION E - SOLICITATION PROVISIONS

E.1 GENERAL INFORMATION

TABLE OF CONTENTS

ii

E.2 SIZE STANDARD AND NAICS CODE INFORMATION (AGAR 452.219-70) (SEP

2001)

E.3 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FAR 52.212-1) (JUL

2013) (TAILORED)

E.4 EVALUATION - COMMERCIAL ITEMS (FAR 52.212-2) (JAN 1999) (TAILORED)

E.5 INQUIRIES (AGAR 452.204-70) (FEB 1988)

E.6 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION (AGAR 452.209-70) (DEVIATION 2012-

01) (FEB 2012) (ALTERNATE 1)

E.7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FAR 52.209-7) (JUL

2013)

E.8 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS

(FAR 52.212-3) (MAR 2015)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-024B-S-16-0003

6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Michael McFarlane

b. TELEPHONE NUMBER (No collect calls)

208-387-5695

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100% FOR:

U.S. FOREST SERVICE, CONTRACTING

NATIONAL INTERAGENCY FIRE CENTER

OWYHEE BUILDING – MS 1100

3833 S DEVELOPMENT AVE

BOISE, ID 83705-5354

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

NAICS: 488190

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8 (A)

SIZE STANDARD:

$32.5M Annual Receipts

11. DELIVERY FOR FOB DESTINA-

TON UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Block 9

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE

ALBUQUERQUE SERVICE CENTER

INCIDENT BUSINESS – CONTRACTS

101B SUN AVENUE, NE

ALBUQUERQUE, NM 87109

TELEPHONE NO. NINE-DIGIT DUNS NO. .

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

OFFER

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

IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE SECTION B (ATTACHED)

T-PED STCs FOR USFS FLEET AIRCRAFT

25. ACCOUNTING AND APPROPRIATION DATA

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 .

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29. AWARD OF CONTRACT: REF. _________________ __ OFFER

DATED _______________ . YOUR OFFER ON SOLICITATION (BLOCK

5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET

FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE STANDARD FORM 1449 (REV. 5/2011)

Prescribed by GSA - FAR (48 CFR) 53.212

SECTION B

SCHEDULE OF ITEMS

B.1 SCHEDULE OF ITEMS

(a) Provide certification establishing tolerance to transmitting portable electronic devices (T- PEDs) in accordance with FAA regulations, RTCA/DO-307, and the requirements of this contract to US Forest Service Fleet Aircraft. The following is a list of current USFS fleet aircraft makes and models however additional aircraft are anticipated to be added to the fleet and this contract shall include support to all current and future aircraft makes and models:

(b) Pricing. The offeror shall propose prices for all Contract Line Items identified below. Each CLIN 1 – 5 include the same types of aircraft but represent various timeframes in which orders may be placed. Orders place during these timeframes will be performed at the prices identified in the schedule.

(c) A minimum of four aircraft are guaranteed to be ordered by this contract and orders will be placed via task order.

US Forest Service Fleet Aircraft

Shorts C23B / SD3-60 Sherpa Aero Commander AC 500B

Cessna TU206 Beechcraft King Air Series DeHaviiland DHC-2 Beaver

Bell 206BIII DeHavilland DHC-6 Twin Otter

Bell AH-1 Cobra Piper PA18-150

Cessna Citation 550 Bravo Shorts C-23A Sherpa

Cessna C-185 Other Government aircraft as need arises

1st Year, 2016: Date of Award – October 31, 2016

ITEM DESCRIPTION QUANTITY UNIT

UNIT

PRICE

EXTENDED

AMOUNT

1.A T-PED certification for a civil small airplane to Part 23 standards

ESTIMATED

STC* $ $

1.B T-PED certification for an uncertified small airplane to Part 23 standards

ESTIMATED

STC* $ $

1.C T-PED certification for a civil large airplane to Part 25 standards

ESTIMATED

STC* $ $

1.D T-PED certification for an uncertified large airplane to Part 25 standards

ESTIMATED

STC* $ $

1.E T-PED certification for a civil small rotorcraft to Part 27 standards

ESTIMATED

STC* $ $

1.F T-PED certification for an uncertified small rotorcraft to Part 27 standards

ESTIMATED

STC* $ $

1.G T-PED certification for a civil large rotorcraft to Part 29 standards

ESTIMATED

STC* $ $

1.H T-PED certification for an uncertified large rotorcraft to Part 29 standards

ESTIMATED

STC* $ $

1.I T-PED certification for a civil small airplane to Part 23 standards

ESTIMATED

STC* $ $

1.J T-PED certification for an uncertified small airplane to Part 23 standards

ESTIMATED

STC* $ $

BASE YEAR – ESTIMATED TOTAL – 1st YEAR, 2016 $

2nd Year, 2017: November 01, 2016 – October 31, 2017

ITEM DESCRIPTION QUANTITY UNIT

UNIT

PRICE

EXTENDED

AMOUNT

2.A T-PED certification for a civil small airplane to Part 23 standards

ESTIMATED

STC* $ $

2.B T-PED certification for an uncertified small airplane to Part 23 standards

ESTIMATED

STC* $ $

2.C T-PED certification for a civil large airplane to Part 25 standards

ESTIMATED

STC* $ $

2.D T-PED certification for an uncertified large airplane to Part 25 standards

ESTIMATED

STC* $ $

2.E T-PED certification for a civil small rotorcraft to Part 27 standards

ESTIMATED

STC* $ $

2.F T-PED certification for an uncertified small rotorcraft to Part 27 standards

ESTIMATED

STC* $ $

2.G T-PED certification for a civil large rotorcraft to Part 29 standards

ESTIMATED

STC* $ $

2.H T-PED certification for an uncertified large rotorcraft to Part 29 standards

ESTIMATED

STC* $ $

2.I T-PED certification for a civil small airplane to Part 23 standards

ESTIMATED

STC* $ $

2.J T-PED certification for an uncertified small airplane to Part 23 standards

ESTIMATED

OPTION YEAR 1 – ESTIMATED TOTAL – 2nd YEAR, 2017 $

3rd Year, 2018: November 01, 2017 – October 31, 2018

ITEM DESCRIPTION QUANTITY UNIT

UNIT

PRICE

EXTENDED

AMOUNT

3.A T-PED certification for a civil small airplane to Part 23 standards

ESTIMATED

STC* $ $

3.B T-PED certification for an uncertified small airplane to Part 23 standards

ESTIMATED

STC* $ $

3.C T-PED certification for a civil large airplane to Part 25 standards

ESTIMATED

STC* $ $

3.D T-PED certification for an uncertified large airplane to Part 25 standards

ESTIMATED

STC* $ $

3.E T-PED certification for a civil small rotorcraft to Part 27 standards

ESTIMATED

STC* $ $

3.F T-PED certification for an uncertified small rotorcraft to Part 27 standards

ESTIMATED

STC* $ $

3.G T-PED certification for a civil large rotorcraft to Part 29 standards

ESTIMATED

STC* $ $

3.H T-PED certification for an uncertified large rotorcraft to Part 29 standards

ESTIMATED

STC* $ $

3.I T-PED certification for a civil small airplane to Part 23 standards

ESTIMATED

STC* $ $

3.J T-PED certification for an uncertified small airplane to Part 23 standards

ESTIMATED

OPTION YEAR 2 – ESTIMATED TOTAL – 3rd YEAR, 2018 $

4th Year, 2019: November 01, 2018 – October 31, 2019

ITEM DESCRIPTION QUANTITY UNIT

UNIT

PRICE

EXTENDED

AMOUNT

4.A T-PED certification for a civil small airplane to Part 23 standards

ESTIMATED

STC* $ $

4.B T-PED certification for an uncertified small airplane to Part 23 standards

ESTIMATED

STC* $ $

4.C T-PED certification for a civil large airplane to Part 25 standards

ESTIMATED

STC* $ $

4.D T-PED certification for an uncertified large airplane to Part 25 standards

ESTIMATED

STC* $ $

4.E T-PED certification for a civil small rotorcraft to Part 27 standards

ESTIMATED

STC* $ $

4.F T-PED certification for an uncertified small rotorcraft to Part 27 standards

ESTIMATED

STC* $ $

4.G T-PED certification for a civil large rotorcraft to Part 29 standards

ESTIMATED

STC* $ $

4.H T-PED certification for an uncertified large rotorcraft to Part 29 standards

ESTIMATED

STC* $ $

4.I T-PED certification for a civil small airplane to Part 23 standards

ESTIMATED

STC* $ $

4.J T-PED certification for an uncertified small airplane to Part 23 standards

ESTIMATED

OPTION YEAR 3 – ESTIMATED TOTAL – 4th YEAR, 2019 $

5th Year, 2020: November 1, 2019 – October 31, 2020

ITEM DESCRIPTION QUANTITY UNIT

UNIT

PRICE

EXTENDED

AMOUNT

5.A T-PED certification for a civil small airplane to Part 23 standards

ESTIMATED

STC* $ $

5.B T-PED certification for an uncertified small airplane to Part 23 standards

ESTIMATED

STC* $ $

5.C T-PED certification for a civil large airplane to Part 25 standards

ESTIMATED

STC* $ $

5.D T-PED certification for an uncertified large airplane to Part 25 standards

ESTIMATED

STC* $ $

5.E T-PED certification for a civil small rotorcraft to Part 27 standards

ESTIMATED

STC* $ $

5.F T-PED certification for an uncertified small rotorcraft to Part 27 standards

ESTIMATED

STC* $ $

5.G T-PED certification for a civil large rotorcraft to Part 29 standards

ESTIMATED

STC* $ $

5.H T-PED certification for an uncertified large rotorcraft to Part 29 standards

ESTIMATED

STC* $ $

5.I T-PED certification for a civil small airplane to Part 23 standards

ESTIMATED

STC* $ $

5.J T-PED certification for an uncertified small airplane to Part 23 standards

ESTIMATED

OPTION YEAR 4 – ESTIMATED TOTAL – 5th YEAR, 2020 $

TOTAL ESTIMATED VALUE – ALL FIVE YEARS $

B.2 SCOPE

The objective of this solicitation and any resulting contract is to complete the evaluation and certification establishing tolerance to transmitting portable electronic devices (T-PEDs) in accordance with FAA regulations, RTCA/DO-307, and the requirements of this contract.

B.3 AIRCRAFT

(a) Civil aircraft shall be evaluated and approved via STC to meet current standards for 14 CFR Parts 23, 25, 27 or 29 as applicable. This includes aircraft originally certified under Civil Air Regulations (CAR).

(b) Uncertified (public) aircraft shall be evaluated and approved using the same standards and methods as civil aircraft. In lieu of submission to the FAA for approval, the Contractor shall submit all final documentation to the Contracting Officer and the Contracting Officer’s Representative for approval by the Forest Service Airworthiness Branch Chief.

B.4 LOCATION

(a) Testing locations shall be at the discretion of the Government and may include the Contractor’s facility or government provided facilities.

(b) Multiple evaluations may be coordinated to take place at a single time and location.

(c) Should the Government order services at a location other than the Contractor’s facility, the Government will pay in accordance with paragraph C.19.

B.5 TECHNICAL REQUIREMENTS

(a) The aircraft must be certified as tolerant to T-PEDs without limitations based on the phase of flight. Limitations during abnormal or emergency procedures are acceptable.

(b) The certification must include a flight manual supplement clearly stating that the aircraft is T- PED tolerant and include the technologies evaluated.

(c) The following are the minimum portable technologies which must be evaluated:

(i) Bluetooth

(ii) Cellular

(iii) Wi-Fi (802.11 b/g/n/ac)

(iv) VHF transceivers (136-174 MHz at 6W)

(v) UHF transceivers (380-520 MHz at 5W and 764-870 MHz at 3W)

(vi) Wireless intercom adapters (1.92-1.93 GHz at 115mW)

(d) In the event an aircraft fails testing and cannot be certified, the Contractor shall provide details of the failure, suspected causes and necessary remedies when possible.

B.6 DELIVERABLES

(a) The Contractor shall submit the following items with each certification for civil certificated aircraft:

(i) Copy of STC with Approved Model List

(ii) STC Letter of Authorization

(iii) STC Master Data List

(iv) Aircraft Specific Compliance Report

(v) STC Instructions for Continued Airworthiness

(vi) STC Aircraft Flight Manual Supplement

(b) The Contractor shall submit the following items with each certification for uncertificated public aircraft:

(i) Copy of STC package that would be submitted to the FAA

(ii) Letter of Authorization

(iii) Master Data List

(iv) Aircraft Specific Compliance Report

(v) Instructions for Continued Airworthiness

(vi) Aircraft Flight Manual Supplement

SECTION C

CONTRACT CLAUSES

C.1 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FAR 52.212-4) (MAY 2015)

(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—

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

(ii) 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 (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide 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. chapter 71, 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, contract 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 Part 1315.

(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 Part 1315.

(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 contract 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 Act; 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 Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM)

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete.

Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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.

C.2 CONTRACT CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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 the full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011) 52.227-14 Rights in Data—General (Dec 2007)

C.3 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIAL ITEMS (FAR 52.212-5) (OCT 2015)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

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

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015)(41 U.S.C. 3509)).

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

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) Reserved

(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111- 117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C.

6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(10) Reserved

(11) (i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

(12) (i)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.11) 52.219-3, Notice of HUBZone Set- Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(13) [Reserved]

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

644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

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

644).

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

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

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C.

637(d)(4)).

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of 52.219-9.

(iv) Alternate III (Oct 2015) of 52.219-9.

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

(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran- Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for Women- Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

(27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(28) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

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

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

793).

(31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.13496).

(33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E. O. 13627).

(ii)Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E. O.

13627).

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

(36)(i)52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O. 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-13.

(37)(i)52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O.13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.13513).

(41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

(42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 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, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

(44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).

(48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

(50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

(51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

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

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards— Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards— Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment— Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns(Oct 2014) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

(viii) 52.222-37, Employee Reports on Veterans (Oct 2015) (38 U.S.C.4212).

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

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C.

chapter 67.

(xi) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Oct 2015) (Executive Order 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

C.4 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR

CORPORATE APPLICANTS (AGAR 452.209-71) (ALTERNATE 1) (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf…