Attachment1 - Commerical Item Solicitation.pdf
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- AVIATION FUEL
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- AG-84N8-S-11-0019
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REGION 4 UTAH AQUISTION SUPPORT CENTER INSTRUCTIONAL COVER SHEET
ISSUING OFFICE:
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
UTAH ACQUISITION SUPPORT CENTER
2222 WEST 2300 SOUTH
SALT LAKE CITY, UT 84119
FAX (801) 975-3483
SOLICITATION NO. AG-84N8-S-11-0019
OFFERS ARE SOLICITED FOR: AVIATION FUEL
IMPORTANT – NOTICE TO OFFEROR:
AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE
TO THIS SOLICITATION:
1.SF-1449 Request For Quotation (Complete, date, and sign)
2.Section I – Schedule of Items (Pages 3-5). (Complete Unit Price and Amount)
3.Experience Questionnaire (Pages 22-23)
4.Representations and Certifications (Pages 24-39). (Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)
IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE
OR FAX COVERSHEET.
Return to: USFS - Region 4 Utah Acquisition Support Center 2222 West 2300 South Salt Lake City, UT 84119 Solicitation No. AG-84N8-S-11-0019
Please keep a copy of your quote for your records.
IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE CENTRAL CONTRACTOR
REGISTRATION DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.205-7
CENTRAL CONTRACTOR REGISTRATION FOR DETAILS ON HOW TO APPLY.
ALL SOLICITATIONS SHALL BE ISSUED THROUGH FEDBIZOPS. NO PAPER SOLICITATIONS SHALL BE ISSUED.
AG-84N8-S-11-0019 OGDEN – AREA AVIATION FUEL
IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS.
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-84N8-S-11-0019
6. SOLICITATION ISSUE DATE
07 –JAN-2011
7. FOR SOLICITATION
INFORMATION CALL
a. NAME
Charlotte Vanderbilt
b. TELEPHONE NUMBER (No collect calls)
(801) 975-3471
8. OFFER DUE DATE/LOCAL TIME
25-JAN-2011
4:00 p.m. MST
9. ISSUED BY CODE 10. THIS ACQUISITION IS:
UTAH ACQUISITION SUPPORT CENTER
2222 WEST 2300 SOUTH
SALT LAKE CITY, UT 84119
UNRESTRICTED or SET ASIDE: 100 % FOR
Small Business Emerging Small Business
Hubzone Small Business 8(A)
Service-Disabled Veteran Owned Small Business
NAICS: 454319
SIZE STANDARD: $7.0 Million
13a. THIS CONTRACT IS
A RATED ORDER
UNDER DPAS (15 CFR 700)
13b. RATING
11. Delivery for FOB
Destination unless Block is Marked
See Schedule
12. Discount Terms
14. METHOD OF SOLICITATION
RFQ IFB RFP
CODE 16. ADMINISTERED BY CODE
15. DELIVER TO
See Delivery Schedule
Same as Block 9
17a. CONTRACTOR/ CODE
OFFEROR
FACILITY
CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO.:_____________________________________
DUNS NO:_____________________ TIN No. ___________________________
U.S. Dept. of Agriculture National Finance Center P.O. Box 60000 New Orleans, LA 70160-0001
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
Supply and Delivery of Aviation Fuel
PLEASE PLACE YOUR QUOTE IN
SECTION I- SCHEDULE OF ITEMS
(Use Reverse and/or Attach Additional Sheets as Necessary)
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 _____
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 SIGNER (TYPE OR PRINT)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (TYPE OR
PRINT)
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 3/2005)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT
VERIFIED CORRECT
FOR
36. PAYMENT
COMPLETE PARTIAL FINAL
37.
CHECK
NUMBER
PARTIAL FINAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERIFYING OFFICER 41c. DATE 42.b. RECEIVED AT (Location)
42.c DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS
Standard Form 1449 (REV. 3/2005) Back
SECTION I--SUPPLIES OR SERVICES AND PRICES
Delivery and Supply of Aviation Fuel
B.1: Schedule of Items
ITEM 1 – JET A WITH PRIST, delivered into the plane
Prices shown below shall include all flowage fees and/or applicable taxes. Quantity shown is an estimate, and is not a guarantee.
NOTE: It is possible that payments will be made using a Government – issued VISA card. If the price shown above will be difference if paid via VISA card, please include a separate pricing sheet that clearly indicates the prices are for VISA payments.
BUSINESS CORE HOURS FOR PRICES AS STATED ABOVE
DAYS OF THE WEEK HOURS OF THE DAY
BASE YEAR: February 1, 2011 – January 31, 2012
ITEM
No.
DESCRIPTION
ESTIMATED
QUANTITY
UNIT
PRICE/GALLON
TOTAL
PRICE
1 JET A WITH PRIST 35,000 gallons
OPTION YEAR 1: February 1, 2012 – January 31, 2013
1a JET A WITH PRIST 35,000 gallons
OPTION YEAR 2: February 1, 2013 – January 31, 2014
1b JET A WITH PRIST 35,000 gallons
OPTION YEAR 3: February 1, 2014 – January 31, 2015
1c JET A WITH PRIST 35,000 gallons
OPTION YEAR 4: February 1, 2015 – January 31, 2016
1d JET A WITH PRIST 35,00 gallons
ITEM 2 – 100LL AVGAS, delivered into the plane
Prices shown below shall include all flowage fees and/or applicable taxes. Quantity shown is an estimate, and is not a guarantee.
NOTE: It is possible that payments will be made using a Government – issued VISA card. If the price shown above will be difference if paid via VISA card, please include a separate pricing sheet that clearly indicates the prices are for VISA payments.
BUSINESS CORE HOURS FOR PRICES AS STATED ABOVE
DAYS OF THE WEEK HOURS OF THE DAY
No.
DESCRIPTION
ESTIMATED
QUANTITY
UNIT
PRICE PER
GALLON
TOTAL
PRICE
2 100LL AVGAS 2,000 gallons
OPTION YEAR : February 1, 2012 – January 31, 2013
2a 100LL AVGAS 2,000 gallons
OPTION YEAR 2: February 1, 2013 – January 31, 2014
2b 100LL AVGAS 2,000 gallons
OPTION YEAR 3: February 1, 2014 – January 31, 2015
2c 100LL AVGAS 2,000 gallons
2d 100LL AVGAS 2,000 gallons
ITEM 3 – CALL-OUT FEES
Enter pricing for the call-out fees and State the days of the week and hours during which the call-out fees will apply for both Item 1 and Item 2. Assessment of Call-Out Fee will not modify the rates stated in Items 1 & 2:
NOTE: It is possible that payments will be made using a Government – issued VISA card.
If the price shown above will be difference if paid via VISA card, please include a separate pricing sheet that clearly indicates the prices are for VISA payments.
B-2: Only offers quoting on all line items will be considered. Only quotes to the nearest cent will be accepted.
CALL-OUT FEES
STATE THE DAYS OF THE
WEEK CALL-OUT FEE
APPLIES
STATE THE HOURS OF THE
DAY THAT CALL-OUT FEE
APPLIES
No.
DESCRIPTION
CALL-OUT
FEE PRICE
3 CALL-OUT FEE
OPTION YEAR 1: February 1, 2012 – January 31, 2013
3a CALL-OUT FEE
OPTION YEAR 2: February 1, 2013 – January 31, 2014
3b CALL-OUT FEE
OPTION YEAR 3: February 1, 2014 – January 31, 2015
3c CALL-OUT FEE
3d CALL-OUT FEE
SECTION II - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
II- 1: Scope of Work
The intent of this solicitation and any resultant contract is to obtain supply and delivery of aviation fuel, including applicable call-out fees, for the refueling of Region 4 (Intermountain Region) aircraft at Ogden Hinckley Field, Ogden, UT.
II- 2: Period of Performance
The period of performance of this contract is from date of award through 365 days. There is the possibility based on the need of the Forest Service of four (4) one (1) year option years as noted in the schedule of items.
II- 3: Contractor – Furnished Property
Necessary facilities, labor and materials to accomplish the work.
II- 4: Contractor Responsibilities
The Contractor is required to comply with all federal, state and local laws, ordinances, rules, regulations and codes that in any manner may affect the work. All permits and licenses required for this contract shall be obtained by the Contractor and maintained for the duration of this contract. Ignorance on the part of the Contractor will not relive him of this responsibility.
II- 5: Property and Personal Damages
1. Contractor shall use every precaution necessary to prevent damage to public and private property.
2. The Contractor shall be responsible for all damage to property and to persons, including parties that occur as a result of his or his agent’s or employee’s fault or negligence. The term “third parties” is construed to include employees of the Government.
3. The Contractor shall procure and maintain during the term of this contract, and any extension thereof, aircraft and General Public Liability Insurance in accordance with 14 CFR 205. The parties named insured under the policies shall be the CONTRACTOR and the THE UNITED STATES OF
AMERICA.
4. The Contractor may be otherwise insured by the combination of primary and excess policies. Such policies shall have combined coverage equal to or greater than combined minimums required.
5. Prior to the commencement of work the, the Contractor shall provide the Contracting Officer with one copy of the insurance policy, or confirmation from the insurance company, certifying that the coverage described in this clause has been obtained.
II-6: Ordering
Task Order(s) will be issued for a specific period of performance. During that period of performance orders will be placed by a designated Contracting Officer’s Representative or authorized Forest Service
Employee(s). Order for fuel may be placed verbally. Each order shall indicate the tail number(s) of the aircraft to be fueled, the type of fuel needed (Jet A with Prist or 100LL Avgas), the date/time the fuel is needed, and the name and phone number of the employee placing the order.
Once an order is placed, fuel will be delivered at the agreed-upon time to the aircraft, which will be located at the Forest Service hangar at the Ogden Hinckley Field, 3515 Airport Rd, Ogden, UT. If the delivery falls within the time when a call-out fee is applicable, that fee will be added to the contractor’.
For each order the Contractor shall provide a fuel receipt with the delivery date, aircraft number, quantity and type of fuel. The fuel receipt must be signed by an authorized Forest Service Representative at the time the fuel was dispensed.
II-7: Payment
Payment will be made on a monthly basis for deliveries made during the previous 30 days. The Contractor shall submit an itemized invoice and a copy of all fuel tickets for that invoice period to the Contracting Officer’s Representative (COR), showing the list of deliveries made and any applicable call-out fees. The COR will verify the deliveries and submit the invoice to the CO for approval and payment.
II-8: Contracting Office
The Utah Acquisition Center of the United States Forest Service, Department of Agriculture is responsible for this solicitation, award and administration of the contract. All written correspondence shall reference the contract number and/or solicitation number.
Communications shall be directed to Contracting Officer, USDA-FS Utah Acquisition Support Center 2222 West 2300 South, 2nd Floor Salt Lake City, UT 84119
SECTION III - CONTRACT CLAUSES
III- 1: CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FAR 52.212-4)
(JUNE 2010) ALTERNATE I (OCT 2008)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), 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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), 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. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and
10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 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, and Compliance with Laws
Unique to Government Contracts 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) Central Contractor Registration (CCR).
(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 CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR 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 CCR 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 CCR 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 CCR 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 CCR database.
Information provided to the Contractor’s CCR 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 the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.
III-2: ORDERING (FAR 52.216-18) (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through January 31, 2016.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
III-3: ORDER LIMITATIONS (FAR 52.216-19)(OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.the Government is not obligated to purchase, nor is the contractor obligated to furnish, those supplies or services under this contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of $200,000.00;
(2) Any order for a combination of items in excess of $200,000.00; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office Within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
III-4: MINIMUM AND MAXIMUM CONTRACT AMOUNTS (AGAR 452.216-73)(FEB 1988)
During the period specified in FAR clause 52.216-18 ORDERING, the Government shall place orders totaling a minimum of $2,500 but not in excess of $1,000,000.00
The guaranteed minimum amount for each contract, inclusive of the base and all option periods (5 years), shall be $2,500.00. Should an IDIQ contractor be unable to competitively secure a task order to meet the minimum guarantee the Government reserves the right to negotiate a task order with only that offeror in order to meet the guarantee.
III-5: INDEFINITE QUANTITY (FAR 52.216-22) (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, these supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Delivery-Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under the contract after the performance period of the task order.
III-6: OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9)(MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
III-7: AVAILABILITY OF FUNDS. (FAR 52.232-18) (APR 1984)
Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
III-8: ECONOMIC PRICE ADJUSTMENT
(a) The Contractor warrants that the unit price stated in the Schedule is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “established price” means a price that—
(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and
(2) Is the net price after applying any trade discounts offered by the Contractor.
(b) The Contractor shall promptly notify the Contracting Officer whenever the established price increases or decreases by $0.10/gallon or more. Each corresponding contract unit price shall be increased or decreased by the same percentage as the change in the established price. For example: if the established price is $3.50/gallon and the contract unit price is $2.80 (a 20% discount from the established price); and the established price increases by $0.105 per gallon (a 3% increase), then the contract unit price will be increased by 3% to $2.88/gallon.
(1) The increased/decreased contract unit price shall be effective—
(i) On the effective date of the increase/decrease in the applicable established price if the
Contracting Officer receives the Contractor’s written request within 10 days thereafter; or
(ii) If the written request is received later, on the date the Contracting Officer receives the request.
(2) The increased/decreased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased/decreased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor.
(3) No modification increasing a contract unit price shall be executed under this paragraph until the Contracting Officer verifies the increase/decrease in the applicable established price.
III-9: PERMITS AND RESPONSIBLITIES ( FAR 52.236-7)(NOV 1991)
The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.
III-10: 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 their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Porposed for Debarment (SEP 2006)(Applies to contracts over $30,000) 52.222-20 Walsh-Healey Public Contracts Act (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands.)
52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52.245-1 Government Property (JUN 2007) 52.245-9 Use and Charges (JUN 2007) 52.253-1 Computer Generated Forms (JAN 1991)
AGRICULTURE ACQUISITION REGULATION CLAUSES (AGAR)
452.216-72 Evaluation Quantities-Indefinite-Delivery Contract
III-11: CONTRACT TERMS AND CONDITIONS REQURIED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS – COMMERICAL ITEMS (FAR 52.212-4) (OCT 2010)
(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(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).
(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 (Sept 2006), with
Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).
__ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).
__ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (8) [Reserved] _X_ (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-6.
__ (iii) Alternate II (Mar 2004) of 52.219-6.
__ (10)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).
__ (12)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2010) (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 (Jul 2010) of 52.219-9.
_X_ (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).
__ (14) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
__ (15)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business
Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
__ (ii) Alternate I (June 2003) of 52.219-23.
__ (16) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (17) 52.219-26, Small Disadvantaged Business Participation Program—
Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside
(May 2004) (15 U.S.C. 657 f).
__ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C.
632(a)(2)).
_X_ (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (21) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010)
(E.O. 13126).
_X_ (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_X_ (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
__ (24) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
__ (25) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
__ (26) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).
__ (27) 52.222-54, Employment Eligibility Verification (JAN 2009). (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.)
__ (28)(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.)
__ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.
8259b).
__ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).
__ (ii) Alternate I (DEC 2007) of 52.223-16.
__ (31) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O.
13513).
_X_ (32) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).
__ (33)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).
__ (ii) Alternate I (Jan 2004) of 52.225-3.
__ (iii) Alternate II (Jan 2004) of 52.225-3.
__ (34) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (35) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (36) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (37) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)
(42 U.S.C. 5150).
__ (38) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)
(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
__ (39) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
_X_ (40) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration
(Oct 2003) (31 U.S.C. 3332).
__ (41) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor
Registration (May 1999) (31 U.S.C. 3332).
_X_ (42) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
__ (43) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (44)(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:
[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and
41 U.S.C. 351, et seq.).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple
Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment
(Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).
__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain
Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L.
110-247).
__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $650,000 ($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) [Reserved]
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) [Reserved]
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub.
L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately…
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