BEP-RFP-14-0329_Castor_Oil_revised.doc

Solicitation No. BEP-RFP-14-0329

SECTION I ‑ SUPPLIES OR SERVICES AND PRICES

1.1.0 SCHEDULE OF ITEMS AND PRICES: INDEFINITE DELIVERY INDEFINITE QUANTITY-FIXED PRICE

ITEM

EST UNIT

NO

SUPPLIES/SERVICES

QTY UNIT PRICE

ORDERING PERIOD I – To be completed at Award

50% Sodium-Sulfated Castor Oil (Tank Truck) 140000 Gallons $ *

BEP Stock Number 2A000541 50% Sodium-Sulfated Castor Oil (55 Gallons) 12 Drums $ *

BEP Stock Number 2A00541A ORDERING PERIOD II - To be completed at Award 50% Sodium-Sulfated Castor Oil (Tank Truck) 140000 Gallons $ * BEP Stock Number 2A000541 50% Sodium-Sulfated Castor Oil (55 Gallons) 12 Drums $ * BEP Stock Number 2A00541A ORDERING PERIOD III - To be completed at Award 50% Sodium-Sulfated Castor Oil (Tank Truck) 140000 Gallons $ *

50% Sodium-Sulfated Castor Oil (55 Gallons)

12 Drums $ *

BEP Stock Number 2A00541A ORDERING PERIOD IV - To be completed at Award 50% Sodium-Sulfated Castor Oil (Tank Truck) 140000 Gallons $ *

50% Sodium-Sulfated Castor Oil (55 Gallons)

ORDERING PERIOD V - To be completed at Award 50% Sodium-Sulfated Castor Oil (Tank Truck) 140000 Gallons $ *

BEP Stock Number 2A000541 50% Sodium-Sulfated Castor Oil (55 Gallons)

* See Pricing Matrix in Section 1.2.0.

1.2.0

PRICING MATRIX

Pricing matrixes [to be completed with the Offeror's proposal and incorporated at time of award] (see Section 1.3.0 and Provision 11.2.0(b)(6) below).

1.3.0

PRICING OF DELIVERY ORDERS

The unit prices for this contract are set forth in the pricing matrices in Section 1.2.0 above. Delivery orders shall be placed at the unit price set forth in the pricing matrix.

1.4.0

CONTRACT MAXIMUM AND MINIMUMS-IDIQ

1.4.1 Minimum: The minimum guarantee for this IDIQ is $10,000.00 which includes any profit/fee and is to be accomplished via the issuance of Delivery orders. Delivery orders will be issued in accordance with Section 7.2.0. This contract obligates funding for the minimum dollar amount as set forth in above. However, the minimum dollar amount is not ordered at time of contract award.

1.4.2 Ordering Ceiling: The maximum dollar amount that may be ordered on this contract will not exceed $5,000,000.00 over the life of the contract.

1.5.0

ECONOMIC PRICE ADJUSTMENT - CHANGES

Commencing with orders placed on or after [to be completed at time of award] the base price listed in Section I will be reviewed yearly and in accordance with FAR Clause 52.216-2 (see Section VIII below) adjusted upwards or downwards if necessary, in accordance with any cost change represented by the [Index to be proposed by Offeror and incorporated at time of award] Castor Oil Index. The review will be conducted as of the last day of each ordering period. If a change is necessary, the effective date will be the first day of the following ordering period in accordance with the following mathematical formula:

Step 1 – (Current Yearly Average Castor Oil Price Index – Prior Yearly Average Castor Oil Price Index) * 40% cost component * 8.63 lbs. per gallon conversion factor = net increase per gallon conversion factor = net increase per gallon.

Step 2 – Net increase per gallon + Current Yearly cost per gallon = Adjusted price per gallon for Incoming Year.

Example:

Assuming:

a. current contract price of $5.00 per gallon

b. price index of $0.80 per lb. for current year

c. price index of $0.70 per lb. for preceding year

Thus: $0.80 less $0.70 = $0.10 per lb. increase from last year. $0.10 per lb. times 40% cost component equals $0.04/lb. impact on product cost. $0.04 lb. cost impact times 8.63 lbs. per gallon of castor oil = $0.35 per gallon effective net increase in contract price. $5.00 plus $0.35 net increase = new adjusted price of $5.35 per gallon.

In the event that there is any disagreement as to the application of the economic price adjustment formula stated above, such disagreement will be subject to resolution under the Disputes Clause of this contract.

SECTION II ‑ DESCRIPTION/SPECIFICATION/WORK STATEMENT

2.1.0

GENERAL REQUIREMENTS

2.1.1 Background: The Bureau of Engraving and Printing (BEP) is a component of the United States Department of the Treasury that designs, engraves, and prints U.S. currency banknotes and other U.S. security products. U.S. currency banknote manufacturing occurs at BEP’s Eastern Currency Facility (ECF) located in Washington, DC and Western Currency Facility (WCF) located in Fort Worth, TX. BEP’s primary customer is the Federal Reserve Board (FRB).

2.1.2 Objective: BEP’s objective for this acquisition is to purchase 50% sodium-sulfated castor oil, delivered by tank trucks or in drums in accordance with BEP specifications. The material shall be suitable for use as an ingredient in water-based alkaline wiping solution for currency printing presses at the BEP. Quantity will be the net weight of contents in pounds per drum or tanker.

2.1.3 Scope: The contractor shall furnish all facilities, labor, and materials to provide the 50% Sodium-Sulfated Castor Oil, Stock item numbers 2A000541 and 2A00541A in accordance with the terms and conditions herein.

SECTION III ‑ PACKAGING AND MARKING

3.1.0

PACKAGING AND MARKING

Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with the specification, Attachment A, Section 5, and Attachment B of this contract to ensure safe delivery at destination.

3.2.0

SAFETY

State "Right to Know" laws and 29 CFR 1910.1200, Employee Hazard Communication Program, require manufacturers, importers and suppliers to label containers of toxic substances or hazardous chemicals with the chemical name and appropriate hazard warning and to provide Material Safety Data Sheets (MSDS) for these substances. Hazard Material Information System (HMIS) data shall be provided, as required, on all packaging. Supplies not meeting this requirement will not be accepted (off-loaded) by BEP.

SECTION IV ‑ INSPECTION AND ACCEPTANCE

4.1.0

INSPECTION AND ACCEPTANCE

Inspection and acceptance of the supplies to be provided hereunder, shall be made by BEP- appointed Contracting Officer's Representative (COR) in accordance with paragraph (a) of FAR 52.212-4 (See Section 8.1.0).

The constructive acceptance period shall follow immediately after the contractor has made delivery of the ordered item. If the Government subsequently rejects the items, and replacement cannot be effected within the contract inspection period, the Contractor may request that the contract delivery date be extended. Any extension granted will be at the mutual agreement of the parties, within the urgency of the Government's needs.

4.2.0

FAR CLAUSE 52.252‑2 - 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 (CO) 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/far

CLAUSE

NUMBER

TITLE

DATE

52.246‑16

RESPONSIBILITY FOR SUPPLIES

APR 1984

52.246‑15

CERTIFICATE OF CONFORMANCE

APR 1984

I certify that on ______ [insert date], the ____ [insert Contractor's name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution:______________________

Signature:__________________________________ Title:_______________________________________

4.4.0 QUALITY ASSURANCE

4.4.1 General: In accordance with Attachment A of this contract, unless otherwise specified in the specification, this contract, or delivery order, the Contractor is responsible for the performance of all inspection and testing requirements. Except as otherwise specified, the Contractor may utilize its own facilities or any commercial laboratory acceptable to BEP. BEP reserves the right to perform any inspections and tests that are deemed necessary to assure that the supplies being provided conform to prescribed requirements. BEP may conduct quality audits at the Contractor’s facilities and its subcontractors.

4.4.2 Quality Assurance Plan Requirements: The BEP shall rely on the contractor’s existing quality assurance system. If any of the work required under the contract is subcontracted, the Contractor shall require that the subcontractor submit and adhere to a Quality Assurance Plan, which complies with Section 4.1and 4.1.1 of Attachment A of this contract. During the term of the contract, the contractor shall not deviate from the approved quality assurance plan without prior written approval from BEP.

SECTION V ‑ DELIVERIES OR PERFORMANCE

5.2.0 PLACE OF DELIVERY—MULTIPLE LOCATIONS

5.2.1 Delivery Orders placed against Contract Line Items (CLINs) 0001 through 0010 as specified in Section 1.1.0 above shall be delivered F.O.B Destination within Consignee’s premise to the location specified in the delivery order.

5.2.2 The following represents important delivery requirements regarding the locations that supplies may be delivered to in support of this effort.

5.2.2.1 Supplies to be delivered to BEP’s ECF locations are to be delivered to the following addresses:

Bureau of Engraving and Printing

Eastern Currency Facility

“D” Street between 13th & 14th Streets, S.W

Washington, DC 20228 Receiving hours for deliveries are 8:00 a.m. to 2:15 p.m., Eastern Time, Monday through Friday, excluding U.S. Federal holidays and BEP’s Year End Shutdown (YES) Period (see section 5.4.0 below). The Contractor shall contact BEP’s Eastern Currency Facility’s Receiving Section at (202) 874-2333 at least twenty-four (24) hours in advance to schedule all deliveries.

For deliveries to the ECF, over-the-road vehicles having an overall height exceeding 12 feet 6 inches (3.8 meters) empty, or an overall length exceeding 40 feet (12.2 meters) cannot be accommodated at the receiving platform.

5.2.2.2 Supplies to be delivered to BEP’s ECF Warehouse location are to be delivered to the following address:

Bureau of Engraving and Printing

Landover Warehouse Facility

3201 Pennsy Drive

Landover, MD 20785

Receiving hours for deliveries are 8:00 a.m. to 2:15 p.m., Eastern Time, Monday through Friday; excluding U.S. Federal holidays and BEP’s Year End Shutdown (YES) Period (see Section 5.4.0 below). The Contractor shall contact BEP’s ECF’s Receiving Section at 202-874-0874 at least twenty-four (24) hours in advance to schedule all deliveries.

5.2.2.3 The following information should be provided when scheduling a delivery at any of the above facility locations:

- Name of supplier/manufacturer

- Contract/Purchase Order Number

- Total number of cartons or pallets

- Total weight

- Date and Time of Delivery

5.2.3 The place(s) of delivery for items ordered under this contract shall be specified on the individual delivery order.

5.3.0 DELIVERY PERIOD

5.3.1 The period of performance shall be five (5) years from the date of contract award.

5.3.2 Each delivery order shall state the required delivery period. However, in order to meet BEP production schedules, BEP requires delivery to be made within thirty (30) calendar days after the issuance of the respective delivery order. A longer delivery period may be allowed provided that delivery of the supplies will ensure that BEP production schedules are met. At the discretion of the Government, if a longer delivery time is feasible and approved in writing by the CO and the COR, the respective Delivery order will provide the extended delivery date.

5.4.0

BEP YEAR END SHUTDOWN PERIOD AND FEDERAL HOLIDAYS

5.4.1 BEP observes the federal holidays that are listed on the Office of Personnel website at: https://www.opm.gov/fedhol/. The Presidential Inauguration Day, which falls on January 20, 2017, is applicable only to the ECF deliveries.

5.4.2 BEP’s YES Period typically occurs December 25th through January 1st of each calendar year.

5.5.0 DELIVERABLES

The Contractor shall provide the following deliverables listed below with each shipment of material and shall be marked to the attention of the COR:

5.5.1 Contractor Certifications and Reports: As described in Section 4.5.1 of Attachments A of this contract (see FAR clause 52.246-15 in Section 4.2.0.1 above).

5.5.2 Inspection and Testing Reports: As described in Section 4.2.1 of Attachment A of this contract. The results shall be provided for each batch of material supplied to BEP.

5.5.3 Control Charts: As described in Section 4.5.2 of Attachment A of this contract. These charts shall be provided on a quarterly basis.

5.6.0

NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract or any Delivery order delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract or of a Delivery order, the Contractor shall immediately notify the CO and the COR, in writing. The notice shall give pertinent details, provided; however, that this data shall be informational only in character and that receipt thereof shall, in no event, be construed as a waiver by BEP of any delivery schedule or date or of any rights or remedies provided by law or under this contract. The notice must be provided in no less than 30 days before the performance/delivery/completion date specified in the order.

SECTION VI ‑ CONTRACT ADMINISTRATION DATA

6.1.0

CONTRACT ADMINISTRATION OFFICE

6.1.1 This contract will be administered by:

Bureau of Engraving and Printing

Office of Acquisition, Contract Administration Division 14th and C Streets, S.W.

Washington, D.C. 20228-0001

6.1.2 Written communication to the CO shall make reference to the contract number.

6.2.0 DTAR CLAUSE 1052.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) ‑‑ DESIGNATION AND AUTHORITY (AUG 2011)

(a) The Contracting Officer’s Representation is (to be designated by the Contracting Officer at contract award) and can be reached at:

Bureau of Engraving and Printing

Office of Materials Technology, Attn: [to be inserted at time of contract award]

14th and C Streets, S.W.

Washington, D.C. 20228-0001 Telephone: [to be inserted at time of contract award]

Email: [to be inserted at time of contract award]

(b) Performance of work under this contract shall be subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) constitutes a change of assignment or additional work outside the specification(s)/work statement;

(2) constitutes a change as defined in the clause entitled “Changes”;

(3) in any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) interferes with the contractor’s right to perform under the terms and conditions of the contract; or

(6) directs, supervises or otherwise controls the actions of the contractor’s employees.

(d) Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five workdays, with a copy to the contracting officer.

(e) The contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR, or his/her designee, falls within the limitations in (c), above, the contractor shall immediately notify the contracting officer no later than the beginning of the next Government work day.

(f) Failure of the contractor and the contracting officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes”.

6.3.0

DTAR 1052.232-7003 – ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (AUG 2013):

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), ``Payment documentation and process'' and the applicable Payment clause included in this contract.

(2) [Reserved]

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Internet Payment Platform (IPP). Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of clause)

6.4.0 FAR CLAUSE 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION)(AUG 2012)

6.4.1 Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

6.4.2 Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

6.4.3 The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of clause)

SECTION VII ‑ SPECIAL CONTRACT REQUIREMENTS

7.1.0

TYPE OF CONTRACT

This is a Firm Fixed-Price Indefinite Delivery Indefinite Quantity type contract with an Economic Price Adjustment (EPA) clause for the purchase of castor oil used by BEP in the manufacture of U.S. currency banknotes and other U.S. security products.

7.2.0

ORDERING AUTHORITY AND PROCEDURES

7.2.1 Delivery orders under this contract shall be issued by authorized and warranted Contracting Officers of the following activity:

Bureau of Engraving and Printing Office of Acquisitions

14th and C Streets, S.W.

Washington, DC 20228-0001

7.2.2 Generally, delivery orders will be placed in writing using BEP Optional Form 347 or other form deemed acceptable by BEP. If the need arises, the Contracting Officer may place a verbal delivery order. Oral delivery orders will be confirmed in writing as soon as practical. At a minimum, each delivery order will contain the following information: 1) contract and order numbers, 2) contract line item numbers, descriptions, contract unit prices and quantities, 3) delivery date, 4) place of delivery, 5) accounting and appropriation data, 6) the date of the order and 7) signature of an authorized ordering official. Delivery orders shall be sent to the Contractor by an acceptable means of transmission (e.g. fax, e-mail). The issuance date of a Delivery order for this contract shall be the date authorized by a warranted CO.

7.2.3 The Government may place multiple Delivery orders over the life of this contract.

7.3.0

SECURITY REQUIREMENTS

BEP’s facilities are considered to be secure government facilities; therefore visitors to BEP may be given a visitor’s security badge by security personnel and escorted by Government authorized personnel. Visitor security badges shall be worn above the waist, clearly visible, with picture or front side front forward at all times. Visitor security badges are to be returned upon leaving the site.

7.4.0

POST AWARD MEETING

At its discretion, BEP may schedule and conduct a post award meeting with the Contractor after contract award. The objectives of this meeting would be to: introduce key participants and explain their roles, review deliverables, review the performance work statement and tasks to ensure a common understanding of the requirements and objectives, as well as other matters of importance and relevance. The Contracting Officer will provide advance notice, agenda and, meeting days and time; which will be between 8AM-4PM Eastern. If BEP determines that a post award meeting is necessary, the day(s) and time(s) of any such meeting will be determined after contract award.

SECTION VIII ‑ CONTRACT CLAUSES

8.1.0

FAR 52.252-2 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/far

CLAUSE

52.202-1 DEFINITIONS

NOV 2013

52.203-2

CERTIFICATE OF INDEPENDENT PRICE

APR 1985

DETERMINATION

52.203-6

RESTRICTIONS ON SUBCONTRACTOR SALES TO

SEP 2006

THE GOVERNMENT

52.204-4

PRINTED OR COPIED DOUBLE-SIDED ON

MAY 2011

POSTCONSUMER FIBER CONTENT PAPER

52.204-13

SYSTEM FOR AWARD MANAGEMENT

JUL 2013

MAINTENANCE

52.211-17

DELIVERY OF EXCESS QUANTITIES

SEP 1989

52.212-1

INSTRUCTIONS TO OFFERORS -- COMMERCIAL

APR 2014

ITEMS

52.212-4

CONTRACT TERMS AND CONDITIONS --

MAY 2014

COMMERCIAL ITEMS

52.216-2

ECONOMIC PRICE ADJUSTMENTS –

JAN 1997

STANDARD SUPPILES

52.227-1

AUTHORIZATION AND CONSENT

DEC 2007

52.227-2

NOTICE AND ASSISTANCE REGARDING PATENT

DEC. 2007

AND COPYRIGHT INFRINGEMENT

52.232-1

PAYMENTS

APR 1984

52.232-8

DISCOUNTS FOR PROMPT PAYMENT

FEB 2002

52.232-39

UNENFORCEABILITY OF UNAUTHORIZED

JUN 2013

OBLIGATIONS

52.233

Disputes Alternates I

DEC 1999

52.242-13

BANKRUPTCY

JUL 1995

52.242-15

STOP-WORK ORDER

AUG 1989

52.247-35

F.O.B. DESTINATION, WITHIN CONSIGNEE’S

APR 1984

PREMISES

8.2.0 FAR CLAUSE 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAY 2014)

(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) (19 U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

__X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (PUB. L. 111-117, section 743 OF DIV. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (PUB. L. 111-117, section 743 OF DIV. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) (31 U.S.C. 6101 note).

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

__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

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

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (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.

____ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

_ __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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 (July 2010) of 52.219-9.

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

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

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) (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.

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

__X_ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_X__ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

___ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

___ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X__ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

__X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (36) 52.222-54, Employment Eligibility Verification (Jul 2012). (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) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (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.

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

_X__ (41) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (42) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (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, Pub. L. 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 (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Sep 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

_ __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).

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

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

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

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

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

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

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

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

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

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

___ (1) 52.222-41, Service Contract Act of 1965 (May 2014) (41 U.S.C. chapter 67).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. 351, chapter 67.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. 351, chapter 67.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. 351, chapter 67.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. 351, chapter 67.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. 351, chapter 67.).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (Pub. L. 110-247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(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) 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.

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

(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 (May 2014) (41 U.S.C. 351, chapter 67)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. 351, Chapter 67)

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 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).

(xiv) 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.

(xv) 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)

52.216‑18

ORDERING

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: (to be inserted at time of contract award) through (to be inserted at time of contract award) 52.216‑19

ORDER LIMITATIONS

OCT 1995

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 440 gallons for BEP stock number 2A00541 and 1 drum for BEP stock number 2A00541A, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of 168,000 gallons for BEP stock number 2A00541 and 16 drums for BEP stock number 2A00541A.

(2) Any order for a combination of items in excess of 168,000 gallons for BEP stock number 2A00541 and 16 drums for BEP stock number 2A00541A.

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) 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 5 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.

52.223‑3

HAZARDOUS MATERIAL IDENTIFICATION

JAN 1997

AND MATERIAL SAFETY DATA,

ALTERNATE I (JUL 1995)

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract:

Material

Identification No.

(If none, insert "None")

(End of clause) 8.3.0

FAR CLAUSE 52.216-22 INDEFINITE QUANTITY (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, the 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 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 contractor’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after sixty (60) months.

(End of Clause) 8.4.0

CLAUSE 1052.210-70 CONTRACTOR PUBLICITY (AUG 2011)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this provision may be considered during the evaluation of past performance in future competitively negotiated acquisitions.

(End of clause)

SECTION IX ‑ LIST OF ATTACHMENTS

SECTION X ‑ REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

10.1.0 FAR PROVISION 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 CO 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): www.acquisition.gov/far

PROVISION

NUMBER

TITLE

DATE

52.225-25

PROHIBITION ON CONTRACTING WITH ENTITIES

DEC 2012

IN CERTAIN ACTIVITIES OR TRANSACTIONS

RELATING TO IRAN – REPRESENTATION AND

CERTIFICATIONS

10.2.0 FAR CLAUSE 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (MAY 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation”, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens…