Attachment 0007 - CLAUSE ADDENDUM_Metal Shelving.pdf

Attachment 0006

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ATTACHMENT 0006 – CLAUSE/PROVISION ADDENDUM

Metal Shelving

The following clauses are being included via an addendum to FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items.

Provisions Incorporated by Reference

52.204-7 System for Award Management OCT 2018 52.204-8 Annual Representations and Certifications DEC 2022

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-20 Predecessor of Offeror 52.204-22 Alternative Line-Item Proposal JAN 2017 52.204-26 Covered Telecommunications Equipment or Services-

-Representation

OCT 2020

52.207-1 Notice of Standard Competition MAY 2006 52.207-4 Economic Purchase Quantity—Supplies AUG 1987 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations—Representation

NOV 2015

52.209-5 Certification Regarding Responsibility Matters AUG 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.232-13 Notice of Progress Payments APR 1984 52.232-14 Notice of Availability of Progress Payments

Exclusively for Small Business Concerns.

APR 1984

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-- Representation

MAY 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

MAR 2022

252.215-7007 Notice of Intent to Resolicit MAR 2022 252.215-7008 Only One Offer DEC 2022 252.215-7013 Supplies and Services Provided by Nontraditional

Defense Contractors

JAN 2023

252.225-7031 Secondary Arab Boycott of Israel JUN 2005

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252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

DEC 2022

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.226-7002 Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

DEC 2019

252.232-7016 Notice of Progress Payments or Performance-Based Payments

APR 2020

Provisions incorporated by Full Text

52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using 3.75% in effect as follows:

(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b) For acquisitions conducted using negotiation procedures--

(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise

(2) On the date specified for receipt of proposal revisions.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

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):

https://www.acquisition.gov/

(End of provision)

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Clauses Incorporated by Reference

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

JUN 2020

52.204-2 Security Requirements--Alternate II APR 1984 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.211-10 Commencement, Prosecution, and Completion of

Work

APR 1984

52.222-50 Combating Trafficking in Persons--Alternate I MAR 2015 52.225-14 Inconsistency Between English Version and

Translation of Contract

FEB 2000

52.227-4 Patent Indemnity—Construction Contracts DEC 2007 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-16 Progress Payments NOV 2021 52.237-2 Protection of Government Buildings, Equipment, and

Vegetation

APR 1984

52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.243-5 Changes and Changed Conditions APR 1984 52.246-1 Contractor Inspection Requirements MAR 1994

52.246-12 Inspection of Construction AUG 1996 52.246-16 Responsibility for Supplies APR 1984 52.247-5 Familiarization with Conditions APR 1984 52.249-2 Termination for Convenience of the Government

(Fixed-Price)

SEP 1996

52.249-2 Termination for Convenience of the Government (Fixed-Price)--Alternate I

SEP 1996

52.249-2 Termination for Convenience of the Government (Fixed-Price)--Alternate III

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.205-7000 Provision of Information to Cooperative Agreement

Holders

DEC 1991

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.222-7002 Compliance with Local Labor Laws (Overseas) JUN 1997

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252.223-7006

Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials--Basic

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7027 Restriction on Contingent Fees for Foreign Military

Sales

APR 2003

252.225-7028 Exclusionary Policies and Practices of Foreign Governments

APR 2003

252.225-7041 Correspondence in English JUN 1997 252.225-7056 Prohibition Regarding Business Operations with the

Maduro Regime

JAN 2023

252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7033 Rights in Shop Drawings APR 1966 252.229-7001 Tax Relief--Basic APR 2020 252.232-7002 Progress Payments for Foreign Military Sales

Acquisitions

DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7017 Accelerating Payments to Small Business

Subcontractors--Prohibition on Fees and Consideration

JAN 2023

252.236-7005 Airfield Safety Precautions DEC 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.242-7006 Accounting System Administration FEB 2012 252.243-7001 Pricing of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

52.225-17 Evaluation Of Foreign Currency Offers FEB 2000

Clauses incorporated by Full Text

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):

https://www.acquisition.gov/

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

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

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

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

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 1 year or 365 calendar days from letter of final acceptance

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

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

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days after discovery of defect [Contracting Officer shall insert specific period of time; e.g., “45 days of the last delivery under this contract,” or “45 days after discovery of the defect”].

(2) Within a reasonable time after the notice, the Contracting Officer may either--

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(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer--

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.

(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor--

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

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(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

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

(End of clause)

52.246-20 WARRANTY OF SERVICES (MAY 2001)

(a) Definition.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 45 days of discovery of defect. This notice shall state either (1) that the Contractor shall correct or reperform any defective or nonconforming services, or (2) that the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

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(End of clause)

252.232-7006 Wide Area WorkFlow Payment Instructions.

As prescribed in 232.7004 (b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(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.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

_________ Invoice 2in1_________________________________________________

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(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 – W519TC

Admin DoDAAC – W519TC

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Inspect By DoDAAC – W90BRJ

Ship To Code – N/A

Ship From Code – N/A

Mark For Code – N/A

Service Approver (DoDAAC) – W519TC

Service Acceptor (DoDAAC) – W90BRJ

Accept at Other DoDAAC– N/A

LPO DoDAAC – N/A

DCAA Auditor DoDAAC – N/A

Other DoDAAC(s) – N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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.

Ms. Amanada Smith at Amanada.l.smith.civ@army.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)