ATT-01_ Solicitation - Travel Trailers DR-4562-OR_11-20-2020.pdf
PDF 481 KB Posted
- Attached to
- DR4562-OR Travel Trailers Federal contract opportunity
- Solicitation number
- 70FBR021Q00000006
- Issued by
- Federal Emergency Management Agency
About this file
This document is a solicitation requesting quotes for the procurement of one hundred travel trailers by the Federal Emergency Management Agency (FEMA) in response to Oregon wildfires under disaster declaration DR-4562-OR. FEMA requires forty-two trailers that sleep up to four people, thirty-six trailers that sleep up to six people, and twenty-two trailers that sleep up to eight people, to be delivered to a staging yard in Central Point, Oregon, with delivery to begin within seventy-two hours of award. Quotes are due by November 25, 2020 and must include a completed inventory/pricing spreadsheet, proof of dealer authorization, past performance information, and DUNS and SAM registration. The award will be made to the lowest priced technically acceptable vendor based on evaluation of inventory availability, delivery capability, dealer authorization, past performance, and price.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| ATT-03_SOW_DR4562OR - Recreational Vehicle SOW -Final 11-20-2020.pdf | ||
| ATT-04_Solicitation Provisions Clauses - Final 11-20-2020.pdf | ||
| ATT-02_Inventory-Pricing Spreadsheet.xlsx | XLSX spreadsheet |
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REQUEST FOR QUOTE (RFQ) DATE: 11/20/2020
FEMA TRAVEL TRAILERs/RVs DR-4562-OR
SOLICITATION NUMBER: 70FBR021Q00000006
Title: FEMA Travel Trailer DR-4562-OR
NAICS: 441210—Recreational Vehicle Dealers
Classification Code: 23—Ground effects vehicles, moto vehicles, trailers & cycles
Response Due Date: 11/25/2020 12:00 noon PST
A. Introduction:
The U.S. Federal Emergency Management Agency’s (FEMA) Office of the Chief Procurement Officer (OCPO) requests a price quote on available inventory in response to this solicitation and attached Statement of Work (SOW). This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
The purpose of this emergency requirement is to provide one hundred ( 100) travel trailers available for immediate purchase and delivery, to the Federal Emergency Management Agency (FEMA), which will be used as part of FEMA’s temporary housing mission in response to Oregon Wildfires under disaster declaration DR-4562- OR. The Government intends procure 100 travel trailers total and may award multiple purchase order contracts for this requirement. The number of delivery dates will depend on the number of units awarded. The Period of Performance will be indicated on each order.
Solicitation #70FBR021Q00000006 shall be referenced on all quotation documentation submitted in response to this solicitation.
Please be advised, funds are not presently available for this task order. The Government’s obligation under this request is contingent upon availability of appropriated funds from which payment for contract purposes can be make. 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 award and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
B. Questions/Quote Due Date:
This solicitation is being issued as a request for quote (RFQ) in accordance with Federal Acquisition Regulation Part 12 and 13. The incorporated provisions and clauses within this solicitation document are those in effect through Federal Acquisition Circular (FAC 2005-101), effective October 30, 2018. The NAICS code for this procurement is 441210. The award of contract(s) under this solicitation will be on a Lowest Price Technically Acceptable (LPTA) basis, using the procedures prescribed in the attached evaluation factors and in accordance with the Statement of Work.
Questions regarding this solicitation mut be submitted to the contracting officers no later than 12:00 noon PST on Monday, November 23, 2020. Responses to questions shall be posted via a solicitation amendment.
An Electronic copy of the quotes shall be received no later than 12:00 noon PST, Wednesday, November 25, 2020 by Lisa Thibodeaux at lisa.thibodeaux@fema.dhs.gov and George Vidtor Jr. at george.vidtorjr@fema.dhs.gov
C. Proposal Preparation Instructions:
The Quote shall include the following:
1. A copy of the Completed Inventory/Price table – See Attachment 01
2. Proof that the offeror is an authorized or licensed dealer for all of the recreational vehicles offered.
3. Delivery schedule after contract award (to be scheduled by the Contracting Officer’s Representative but must begin no later than 72 hours after award).
4. Past Performance information
5. DUNS and SAM.gov registration
Price/Inventory Spreadsheet (Attachment 01):
The Vendor shall submit pricing (in excel format only) for all items being requested for this requirement. Ensure prices are based on the types of trailers as described in the Statement of Work. The Inventory/Pricing table shall consist of all current inventory that the Vendor proposes to make available to the Government at the time of contract award.
All information on the Inventory/Pricing spreadsheet shall be completed in order for the Government to conduct a full evaluation. The Government understands that trailer inventories may vary between vendors.
The Government is seeking the following types of trailers:
1. Sleep up to four (4) - (quantity of 42)
2. Sleep up to six (6) - (quantity of 36)
3. Sleep up to eight (8) - (quantity of 22)
Note: All units must be in accordance with the SOW.
Only the attached pricing sheet shall be used and submitted in Excel format only.
D. Evaluation Factors:
The following evaluation factors will be used for this requirement:
1. Inventory/Delivery
2. Proof of manufacturer’s authorization to sell units
3. Past Performance
4. Price
1. Inventory/Delivery:
Relevant for this requirement is the contractor’s travel trailer availability and delivery capability, considering the types of trailers being required as outlined in Attachment 02 – Statement of Work. Additionally, the contractor’s quote shall be evaluated on their current inventory of the required trailer types needed and their maximum daily delivery potential under short notice (no later than 72 hours after receipt of award).
mailto:lisa.thibodeaux@fema.dhs.gov mailto:george.vidtorjr@fema.dhs.gov
Evaluation for inventory and delivery will be accomplished as follows from offers determined to be technically acceptable.: Inventory: like units (sleep 4, 6, 8) will be evaluated across vendors to determine the lowest price technically acceptable units. Partial inventory may be selected by like-units. Multiple vendors may be selected. Delivery: Vendors shall begin delivering units to the FEMA location immediately but not later than 72 hours after receipt of Notice to Proceed.
The Vendor will be rated Acceptable or Unacceptable for this evaluation factor.
2. Dealer Authorization The Vendor’s proposal shall be evaluated on its demonstrated ability to provide all supporting documentation that it is an authorized dealer of Travel Trailer/RV units.
Supporting Documentation shall include:
• Proof of authorized dealer for the manufacturer of the Recreational Vehicle(s).
The Vendor will be rated Acceptable or Unacceptable for this evaluation factor.
3. Past Performance:
The vendor’s proposal shall be evaluated on its demonstrated performance record providing items similar to those outlined in the Statement of Work. Emphasis is placed on demonstrated experience with projects similar in magnitude and complexity for this requirement completed within the last three (3) years.
The vendor shall provide three (3) references for individual or commercial sales with the following information for references:
• POC Name
• POC Phone Number
• Description of Project
The Government will consider the above information, as well as information obtained from any other sources, when evaluating the offeror’s past performance. The past performance evaluation will assess the offeror’s record of successful performance of recent and relevant work for government or private sector clients. In addition, the Contractor Performance Assessment Reporting System (CPARS) website will be used to conduct additional past performance reviews.
A Pass/Fail rating shall be used for this evaluation factor. If the vendor does not have any valid past performance, a Neutral rating will be given.
4. Price:
The vendor’s price shall be evaluated based on like units (sleep 4, 6, and 8) and will be evaluated across vendors to determine the lowest priced technically acceptable units. (Using Attachment 01) Partial inventory may be selected by like-units. Multiple vendors may be selected with less than the quantities requested which are:
CLIN 0001: Sleeps up to four (4) - (quantity of 42) CLIN 0002: Sleeps up to six (6) - (quantity of 36)
CLIN 0003: Sleeps up to eight (8) - (quantity of 22)
These CLINS will be Firm-Fixed Price. Delivery Fees should be included in the price per unit.
The Vendor’s proposed pricing shall be evaluated for price reasonableness.
DELIVERY LOCATION:
FEMA Staging Yard Jackson County Expo Center 1 Peninger Road (Gate 1) Central Point, OR 97502
FEMA Delivery POC:
Name: Michael Brooks Phone: 202-322-0646
ATTACHMENTS:
Attachment 01 – Inventory/Pricing Spreadsheet Attachment 02 – Statement of Work Attachment 03 – Provisions and Clauses
70FBR021Q00000006 Provisions & Clauses
52.212-1, Instructions to Offerors – Commercial Items. (Oct 2018)
The acquisition and source selection are being conducted in accordance with the procedures of Federal Acquisition Regulation (FAR) Part 12.
52.212-2 -- Evaluation -- Commercial Items. (Oct 2014)
(a) The Government intends to award multiple purchase order contracts resulting from this solicitation to the responsible offeror(s) whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. This award will be based on lowest price technically acceptable (LPTA). The following factors shall be used to evaluate offers
1. Inventory/Delivery-Pricing Spreadsheet
2. Proof of Manufacturer's authorization to sell units
3. Past Performance
4. Price including Delivery
All evaluation factors other than cost or price, when combined, are approximately equal to cost or price.
Further explanations of evaluation factors can be found in Attachment 3.
(End of Provision)
52.212-3, Offeror Representation and Certifications, applies to this acquisition. All vendors must be registered in System for Awards Management (http://www.sam/gov/portal) in order to be eligible for award.
52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018), applies to this acquisition.
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Oct 2018
(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) http://www.sam/gov/portal
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 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:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 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).
_X__ (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 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (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).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (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.
___ (13) [Reserved]
___ (14) (i) 52.219-6, Notice of Total Small Business 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 (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.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Aug 2018) 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 (Jan 2017) (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 Representation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.
13126).
___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
___ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
___ (ii) Alternate I (July 2014) of 52.222-36.
___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (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). (E. O. 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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (47) (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.
_X_ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (49) 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).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
_X_ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
_X_ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).
___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.
637(d)(12)).
___ (60) (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.
___ (iii) Alternate II (Feb 2006) 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) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495)
___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (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) (Aug 2018) (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 2015) (E.O. 13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.
(v) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiii) (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 E.O. 13627).
(xiv) 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.)
(xv) 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)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O.
13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 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.
(xxii) 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.
(End of Clause)
52.225-6 Trade Agreements Certificate (May 2014)
(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”
(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.
Other End Products
Line Item No. Country of Origin:
[List as necessary]
(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.
(End of Provision)
52.226-3 – Disaster or Emergency Area Representation. (Nov 2007) In addition to certification of FAR Provision 52.226-3, Offerors shall submit the following:
(c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months—
(1) The offeror had its main operating office in the area (offeror shall present a copy of a current main operating office building ownership/lease documentation as supporting evidence and evidence of domestic registration with the office of the California Secretary of State); and
(2) That office generated at least half of the offeror's gross revenues and employed at least half of the offeror's permanent employees (offeror shall present supporting documents showing the offeror’s gross revenues during the past 12 months, including previous IRS tax year records, as supporting evidence and supporting documents demonstrating that its main operating office in the set-aside area employed at least half of the offeror’s permanent employees).
If the offeror does not meet the criteria in paragraph (c) of this provision, offerors shall provide at least:
(1) Physical location(s) of the offeror's permanent office(s) and date any office in the set-aside area(s) was established; (offeror shall present a copy of a current operating office building ownership/lease documentation as supporting evidence of any permanent office(s) and any office(s) in the set-aside area)
(2) Current state licenses;
(3) Other evidence that establishes the offeror resides or primarily does business in the set-aside area.
(Including, at least, evidence of domestic registration with the office of the California Secretary of State).
(End of provision)
52.226-4 – Notice of Disaster or Emergency Area Set-Aside (Nov 2007)
(a) Set-aside area. Offers are solicited only from businesses residing or primarily doing business within the state of California. Offers received from other businesses shall not be considered.
(b) This set-aside is in addition to any small business set-aside contained in this contract.
(End of provision)
52.226-5 – Restrictions on Subcontracting Outside Disaster or Emergency Area.
Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)
(a) Definitions. The definitions of the following terms used in this clause are found in the Small Business Administration regulations at 13 CFR 125.6(e): cost of the contract, cost of contract performance incurred for personnel, cost of manufacturing, cost of materials, personnel, and subcontracting.
(b) The Contractor agrees that in performance of the contract in the case of a contract for—
(1) Supplies (other than procurement from a non-manufacturer of such supplies). The Contractor or employees of other businesses residing or primarily doing business in the set-aside area shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.
(End of clause)
In accordance with FAR 52.252-1 and FAR 52.252-2, the following solicitation clauses and provisions are incorporated by reference, available at www.acquisition.gov/far/:
52.202-1 Definitions 52.203-3 Gratuities 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services-Representation 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) 52.216-27 Single or Multiple Awards 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications
52.225.18 Place of Manufacturer
52.253-1 Computer Generated Forms
52.212-2 -- Evaluation -- Commercial Items. (Oct 2014)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Oct 2018
File details come from the government source that posted it. Updated .