Attachment 0001 - Contract Clauses and Provisions.docx
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- Reach Stacker Container Handler
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- W52P1J-21-T-SF05
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This document includes a solicitation for a reach stacker container handler and related attachments. The U.S. Army Contracting Command - Rock Island is requesting quotes to procure a base commercial equipment container handler in support of the Headquarters Army Sustainment Command and shipment to the Logistic Readiness Center in Hawaii. The container handler will be used to offload 20- and 40-foot containers from railcars and trucks and store and stack containers in receiving and holding areas. Quotes are requested by October 27, 2021 and shall be submitted via email. Quotes will be evaluated based on price and technical acceptability, with the lowest priced technically acceptable offer receiving award. Technical acceptability will be determined based on the offeror's ability to perform the requirements as demonstrated in the quote against factors such as familiarity with military systems and providing required information about vendor size, DUNS number, and CAGE code.
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| File | Type | Posted |
|---|---|---|
| Attachment 0002 - Formal Description for ASC Reach Stacker Container Handler.pdf | ||
| Attachment 0003 - ACC-RI Revised Container Handler Specifications.xlsx | XLSX spreadsheet |
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Contract Clauses and Provisions
W52P1J-21-T-SF05
The following provisions/clauses are incorporated by reference:
| FAR 52.203-19 | Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements | ||
| FAR 52.204-7 | System for Award Management | ||
| FAR 52.204-13 | System for Award Management Maintenance | ||
| FAR 52.204-16 | Commercial and Government Entity Code Reporting | ||
| FAR 52.204-18 | Commercial and Government Entity Code Maintenance | ||
| FAR 52.204-22 | Alternative Line Item Proposal | ||
| FAR 52.204-24 | Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment | ||
| FAR 52.209-10 | Prohibition on Contracting with Inverted Domestic Corporations | ||
| FAR 52.211-17 | Delivery of Excess Quantities | ||
| FAR 52.212-3 | Offerors Representations and Certifications—Commercial Items (Mar 2020) – Alternate I (Oct 2014) | ||
| FAR 52.212-4 | Contract Terms and Conditions--Commercial Items | ||
| FAR 52.215-8 | Order of Precedence—Uniform Contract Format | ||
| FAR 52.222-3 | Convict Labor | ||
| FAR 52.222-19 | Child Labor—Cooperation with Authorities and Remedies | ||
| FAR 52.222-21 | Prohibition of Segregated Facilities | ||
| FAR 52.222-26 | Equal Opportunity | ||
| FAR 52.222-50 | Combating Trafficking in Persons | ||
| FAR 52.223-18 | Encouraging Contractor Policies to Ban Text Messaging While Driving | ||
| FAR 52.225-13 | Restrictions on Certain Foreign Purchases | ||
| FAR 52.225-25 | Prohibition on Contracting with Entities Engaging in Certain Activities | or Transactions relating to Iran-Representation and Certification | |
| FAR 52.227-1 | Authorization and Consent | ||
| FAR 52.227-2 | Notice and Assistance Regarding Patent and Copyright Infringement | ||
| FAR 52.232-1 | Payments | ||
| FAR 52.232-8 | Discounts for Prompt Payment | ||
| FAR 52.232-11 | Extras | ||
| FAR 52.232-18 | Availability of Funds | ||
| FAR 52.232-25 | Prompt Payment | ||
| FAR 52.232-39 | Unenforceability of Unauthorized Obligations | ||
| FAR 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors | ||
| FAR 52.233-1 | Disputes | ||
| FAR 52.233-3 | Protest after Award | ||
| FAR 52.233-4 | Applicable Law for Breach of Contract Claim | ||
| FAR 52.242-15 | Stop-Work Order | ||
| FAR 52.243-1 | Changes—Fixed Price (Aug 1985) – Alternate I (Apr 1984) | ||
| FAR 52.246-2 | Inspection of Supplies Fixed Price | ||
| FAR 52.247-34 | F.o.b. Destination | ||
| FAR 52.249-1 | Termination for Convenience of the Government (Fixed-Price) (Short Form) | ||
| FAR 52.253-1 | Computer Generated Forms | ||
| DFARS 252.203-7000 | Requirements Relating to Compensation of Former DoD Officials | ||
| DFARS 252.203-7002 | Requirement to Inform Employers of Whistleblower Rights | ||
| DFARS 252.203-7005 | Representation Relating to Compensation of Former DoD Officials | ||
| DFARS 252.203-7994 | Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representation (Deviation 2016-O0003) | ||
| DFARS 252.203-7995 | Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003) | ||
| DFARS 252.203-7996 | Prohibition on Contracting with Entities that Require Certain | ||
| Internal Confidentiality Agreements—Representation | |||
| (Deviation 2016-O0003) | |||
| DFARS 252.203-7997 | Prohibition on Contracting with Entities that Require Certain | ||
| Internal Confidentiality Agreements (Deviation 2016-O0003) | |||
| DFARS 252.204-7000 | Disclosure of Information | ||
| DFARS 252.204-7002 | Payment for Subline Items not Separately Priced | ||
| DFARS 252.204-7003 | Control of Government Personnel Work Product | ||
| DFARS 252.204-7004 | Antiterrorism Awareness Training for Contractors | ||
| DFARS 252.204-7008 | Compliance with Safeguarding Covered Defense Information | ||
| Controls | |||
| DFARS 252.204-7011 | Alternative Line Item Structure | ||
| DFARS 252.204-7012 | Safeguarding Covered Defense Information and Cyber Incident | ||
| Reporting | |||
| DFARS 252.204-7015 | Notice of Authorized Disclosure of Information Litigation Support | ||
| DFARS 252.204-7018 | Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services | ||
| DFARS 252.215-7013 | Supplies and Services Provided by Nontraditional Defense Contractors | ||
| DFARS 252.223-7006 | Prohibition on Storage, Treatment, and Disposal of Toxic and Hazardous Material—Basic | ||
| DFARS 252.223-7008 | Prohibition of Hexavalent Chromium | ||
| DFARS 252.225-7001 | Buy American and Balance of Payments Program | ||
| DFARS 252.225-7002 | Qualifying Country Sources as Subcontractors | ||
| DFARS 252.225-7003 | Electronic Submission of Payment Requests and Receiving Reports | ||
| DFARS 252.225-7016 | Restriction on Acquisition of Ball and Roller Bearings | ||
| DFARS 252.225-7048 | Export Controlled Items | ||
| DFARS 252.232-7003 | Electronic Submission of Payment Requests and Receiving Reports | ||
| DFARS 252.232-7010 | Levies on Contract Payments | ||
| DFARS 252.232-7017 | Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration | ||
| DFARS 252.237-7010 | Prohibition of Interrogation of Detainees by Contractor Personnel | ||
| DFARS 252.243-7001 | Pricing of Contract Modifications | ||
| DFARS 252.244-7000 | Subcontracts for Commercial Items | ||
| DFARS 252.247-7023 | Transportation of Supplies by Sea |
The following provisions is incorporated by full text:
52.212-2 Evaluation-Commercial Items As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
Evaluation-Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: ________________________________________________ ________________________________________________ ________________________________________________[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.] Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items
(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019)(Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 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:
XXX (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).
XXX (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.)
XXX (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).
XXX (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).
XXX (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 (MAR 2020) (15 U.S.C. 657a).
___ (ii) Alternate I (MAR 2020) of 52.219-3.
___ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(ii) Alternate I (MAR 2020) of 52.219-4.
___ (13) [Reserved]
___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
___ (ii) Alternate I (MAR 2020) of 52.219-6.
___ (iii) Alternate II (Nov 2011) of 52.219-6.
___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020)(15 U.S.C. 644).
___ (ii) Alternate I (MAR 2020) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
___ (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 2020) (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 (MAR 2020) of 52.219-9. v) Alternate IV (Aug 2018) of 52.219-9.
XXX (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
XXX (19) 52.219-14, Limitations on Subcontracting (MAR 2020)(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 Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020)(15 U.S.C. 657 f)
___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020)(15 U.S.C. 632(a)(2)).
___ (i) Alternate I (MAR 2020) of 52.219-28.
___ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020)(15 U.S.C. 637(m)).
___ (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (MAR 2020) (15 U.S.C. 637(m)).
___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
___ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).
XXX (27) 52.222-3, Convict Labor (June 2003)(E.O. 11755).
XXX (28) 52.222-19, Child Labor Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).
XXX (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
XXX (30)(i) 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
XXX (31)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
XXX (32)(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.
XXX (33) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Feb 2016)(38 U.S.C. 4212).
XXX (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
___ (35)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).
___ (36) 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.)
___ (37)(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.)
___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).
___ (40)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (41)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
___ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
___ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
___ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).
___ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (JAN 2017) of 52.224-3.
___ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).
XXX (49)(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.
__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 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).
__ (52) 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).
XXX (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).
XXX (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
___ (57) 52.232-33, Payment by Electronic Funds Transfer -- System for Award Management (Oct 2018)(31 U.S.C. 3332).
___ (58) 52.232-34, Payment by Electronic Funds Transfer -- Other Than System for Award Management (Jul 2013)(31 U.S.C. 3332).
___ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).
___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).
___ (62)(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:
___ (1) 52.222-17, Nondisplacement 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).
XXX (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 2015) (Executive Order 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 Contractors 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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019)(Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 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.
(vi) 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.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiv)(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. 7104(g)).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 7104(g)).
(xv) 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).
(xvi) 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).
(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658).
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxi) 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).
(xxii) 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.
(xxiii) 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)
52.252-2 CLAUSES INCORPORATED BY REFERENCE
As prescribed in 52.107(b), insert the following clause:
CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
_____________________________________________ [Insert one or more Internet addresses] (End of clause)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC/2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es):
http://farsite.hill.af.mil; http://www.arnet.gov/far; http://aca.saalt.army.mil/library/acq-instructions
(End of Clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR/1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any DoD Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of Clause)
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
INVOICE AND RECEIVING REPORT (COMBO)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
W912F1
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF
| Pay Official DoDAAC | HQ0490 | ||
| Issue By DoDAAC | W52P1J | ||
| Admin DoDAAC | W52P1J | ||
| Inspect By DoDAAC | W52P1J | ||
| Ship To Code | W52P1J | ||
| Service Acceptor (DoDAAC) | W52P1J |
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
Send Email Notification:
seth.j.fuller2.civ@mail.mil jacob.j.pries.civ@mail.mil
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
seth.j.fuller2.civ@mail.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
The following provisions is incorporated by full text:
52.0000-4834 AMC-LEVEL PROTEST PROGRAM (Jan 2016)
If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC. -The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the Contracting Officer) to:
Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil
The AMC-level protest procedures are found at:
www.amc.army.mil/pa/commandcounsel.asp
If Internet access is not available, contact the Contracting Officer or HQ, AMC Office of Command Counsel to obtain the AMC-Level Protest Procedures.
(End of provision)
File details come from the government source that posted it. Updated .