BEP-RFP-14-0256.pdf
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
STANDARD FORM 1449 (REV. 2/2012) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
BEP-RFP-14-0256
TABLE OF CONTENTS:
Listing of Incorporated Purchase Requisitions Section B - Supplies or Services and Prices/Costs Section C - Description/Specifications/Work Statement Section D - Packaging and Marking Section E - Inspection and Acceptance Terms Section F - Delivery or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits, and other Attachments Section K - Representations, Certifications, and Other Statements of Offerors Section L - Instructions, Conditions and Notices to Offerors Section M - Evaluation Factors for Award
Listing of Incorporated Purchase Requisitions
Incorporated Purchase Requisition Numbers:
Section B - Supplies or Services and Prices/Costs
Item Number
Base Item Number
Supplies/Services Estimated Quantity Unit
0001 Currency Reader (year 1) 127000 Each Contract Type:Firm Fixed Price
Unit Price Estimated Price
Description:
Purchase Requisitions
IDC Type: Requirement
Base Item Number
Supplies/Services Estimated Quantity Unit
0002 Currency Reader (year 2) 357000 Each Contract Type:Firm Fixed Price
Unit Price Estimated Price
Description:
Base Item
Supplies/Services Estimated Quantity Unit
0003 Currency Reader (year 3) 44600 Each Contract Type:Firm Fixed Price
Unit Price Estimated Price
Description:
Section C - Description/Specifications/Work Statement
Clauses incorporated by reference
None
Clauses incorporated by full text
STATEMENT OF NEED FOR CURRENCY READER DEVICES - 5 September 2013
1.0 BACKGROUND
The Bureau of Engraving and Printing (BEP) is a Bureau in the Department of the Treasury. BEP's mission is to develop and produce United States paper currency – referred to as Federal Reserve notes – that are trusted worldwide. As its primary function, BEP prints billions of dollars each year for delivery to the Federal Reserve System.
BEP intends to implement three initiatives in support of a means for individuals who are blind or visually impaired to independently denominate U.S. currency:
1) Develop and deploy a raised tactile feature unique to each denomination that BEP may lawfully change that will provide users with a means of identifying each denomination by way of touch,
2) Continue the practice of adding large, high-contrast numerals to each denomination, and
3) Procure and distribute currency readers to all blind and visually impaired U.S. citizens and legal residents who wish to avail themselves of this program.
The BEP intends to purchase and distribute currency readers to the blind and visually impaired population while developing other recommended solutions for incorporation directly into redesigned Federal Reserve notes. The currency readers will also be needed to denominate "legacy" notes – those notes currently in circulation without enhanced features. Both new and old notes are expected to co-circulate for many years.
Based on available data, there are more than 4 million persons in the United States who may benefit from a currency reader device. However, BEP cannot be sure of the number of application requests for such a reader under the Currency Reader
Program; nor can BEP estimate the number of currency readers to procure on an annual basis.
1.1 Objectives
In support of its national Currency Reader Program, the Contractor will be required to ship currency readers to a warehouse and fulfillment center (location to be determined at time of award), where BEP will then distribute the readers to eligible blind and visually impaired individuals who request a reader. For the purposes of this contract, Contractors shall base shipping costs on a facility located in the National Capital Region (NCR). It is believed, but not guaranteed in this SON, that BEP's initial purchase will be for thirty thousand (30,000) currency readers, with additional orders to be placed based on the number of eligible requests for currency readers made by the public. Peak production is expected to be 30,000 readers per month, but that production may increase to as much as 50,000 readers per month. A Requirements contract will allow orders to be placed in lots of one thousand (1,000) readers.
1.2 Definitions
Note= Individual Federal Reserve Notes ($1, $2, $5, $10, $20, $50 and $100).
2.0 SCOPE
The scope of this contract is to purchase commercial off-the-shelf (COTS) currency readers that are portable handheld devices, which are easy for the blind and visually impaired to use.
3.0 STATEMENT OF NEED
The following identifies specific Government requirements for readers provided by the contractor.
3.1 Currency Reader Devices
The Contractor shall be required to provide currency readers that meet the following functional requirements:
3.1.1 Currency reader shall be capable of denominating $1, $2, $5, $10, $20, $50 and $100 U.S. Federal Reserve notes, of any Series issued since 1996. This shall include the latest $100 note introduced to the public in 2010 and scheduled for issue in 2013. If this contract is awarded prior to the new $100 note entering circulation, BEP will provide samples of the note for contractor use.
3.1.2 Currency reader shall be a small portable handheld device and easy for the blind and visually impaired to use.
Software-only solutions and mobile phone-based solutions will not be accepted.
3.1.3 Currency reader shall have user-selectable outputs that:
3.1.3.1 speak the note's denomination clearly and audibly (in the English language)
3.1.3.2 issue a unique set of vibrations specific to each denomination
3.1.3.3 issue a unique tone specific to each denomination
3.1.3.4 are able to adjust output settings, including volume level
3.1.4 Currency reader shall denominate a note, in any orientation, in less than 3 seconds, whether from a "sleep" or "off" state.
3.1.5 If the Currency reader cannot identify a particular note, it shall output a unique response (by means of each of the user-selectable outputs referenced in (3.1.3) indicating to the end-user that the note was not identified.
3.1.6 Currency reader shall output a unique response (by means of each of the user-selectable outputs referenced in (3.1.3) that will indicate to the end-user that the power source is running low.
3.1.7 Currency reader shall be powered by a rechargeable (NiMH or Li ion) or standard non-rechargeable battery.
3.1.8 Currency reader shall successfully denominate at least 98% of notes.
3.1.8.1 The Contractor shall demonstrate that the readers have met all the technical, functional, and operational requirements described herein. Testing provided by the manufacturer shall have included a robust sample of all denominations, series (issued since 1996), fronts and backs, and include banknotes in various conditions
3.1.8.2 Testing plan and results shall be provided to the Government initially within 15 days after award of the contract and annually thereafter. Additionally, testing plan and results shall also be provided if the COR requests or when changes are made by the contractor to their Quality Control Plan.
3.1.9 For purposes of accountability, each currency reader shall display a visible and unique, tamper-resistant serial number on the reader.
3.1.10 During the term of the contract, the Contractor shall receive written orders for currency readers from the contracting officer (CO) or his/her designee. Orders will be placed in lot sizes of one thousand (1,000) readers per order/shipment.
3.2 Package and Ship Currency Reader Devices
3.2.1 The Contractor shall be required to deliver currency readers to a warehouse facility in the National Capital Region designated in the delivery order. Currency reader price shall include the cost of shipping to a warehouse facility in the National Capital Region. If the warehouse is located outside the National Capital Region, this change in shipping site and shipping costs will be by modification to the contract.
3.2.2 Individual currency readers shall be packaged in a ready-to-ship box sufficiently constructed to protect the contents under normal shipping and stacking conditions, and include all items necessary for a new user, including the reader, battery, and all required printed materials (If rechargeable batteries are used,; charger and cables must be included as well).
3.2.3 The United States Postal Service (USPS) "Free Matter" statement and the return address of a distribution center (address to be provided by BEP) shall be visible to those looking at the box. An insert written in English and Braille provided by the Government with Government contact/reader program information shall be included in the ready-to-ship box.
3.2.4 Packaging shall meet all USPS first class shipping requirements.
3.2.5 The Contractor shall process and ship bulk quantities of currency readers, based on orders placed by BEP, in the most effective and efficient manner to the Government and for receipt by the designated warehouse facility.
3.2.6 The Contractor shall be ready to receive and fulfill (deliver to the designated Government delivery point) the first order for currency readers no later than ninety (90) days after contract award. Thereafter the contractor shall be ready to fulfill orders within forty-five (45) days of receipt of order by BEP. Contractor shall be expected to have resources in place to ramp up or down to ensure requirements are met.
3.2.7 The Contractor shall be required to submit with its invoice a copy of the shipping manifest, to include the receiver's evidence of shipment acceptance, as support documentation for payment. See paragraph 5.2 for additional detail.
3.2.8 The Contractor shall be required to maintain records of all shipping activity and, at any time, be able to ascertain the status of a current or prior shipment.
3.2.9 The Contractor shall produce user instructions explaining how to set up and operate the currency reader, install future software updates, and how to troubleshoot reasonable problems. These instructions shall be printed in the English language, in large-print (sans serif, 18 point minimum) format and in Braille. How-to-Use instructions shall be inserted in each shipping box, which at a minimum will set forth: how to install/use the battery/power source, a description of all of the features, how to use the device, any special care/treatment requirements of the reader, an explanation of how other features work, information regarding product warranty, and returning the unit.
3.2.10 The Contractor shall identify a contract representative to serve as the day-to-day contact person on matters relating to the contract. A back-up point of contact shall also be identified. Either representative is required to be accessible by phone or email between the hours of 8am – 5pm EST or whenever the federal government is in operation.
3.3 WARRANTY
The Contractor shall provide a commercial, one year warranty on each currency reader. The warranty shall cover the reader, power battery (if rechargeable), and all related parts, against manufacturing defects. The warranty starts when the end user (Government) receives the device. Under no circumstances shall greater than 1% of the currency readers produced under this contract prove defective in workmanship or materials. The Contractor shall be responsible for costs associated with shipping defective currency readers to the contractor, as well as the cost of shipping replacement devices to the BEP warehouse. The Contractor shall document all warranty claims and steps taken to resolve warranty claims in a report to CO and COR on a monthly basis.
4 GENERAL INFORMATION
4.1 Place of Performance
The Contractor performance required under this contract shall be conducted at the Contractor's location and/or manufacturing facility, except for occasional meetings identified elsewhere in this SON.
4.2 Period of Performance
The ordering period for this Requirements contract will be three years from date of award. Orders placed during this three-year period will be priced according to the pricing negotiated at time of award for each of the three years.
4.3 Security Considerations
Employees of the Contractor are not required to perform duties at the BEP facility and, therefore, do not need to obtain BEP badges. If in-person meetings are required under the contract, the BEP COR will coordinate with BEP Office of Security to issue temporary visitor badges to contractor personnel during those visits.
4.4 Section 508 Compliance
Any electronic or information technology product or service furnished under this SON must comply with the Electronic and Information Accessibility standards (36 CFR 1194.)
4.5 Interface Coordination
The Contractor shall support any audit conducted by BEP, Treasury or other Government entity, which in any way concerns the Currency Reader Program. Such audits may include, but are not limited to, access to contractor personnel, facilities, records, and other systems.
4.6 Travel
The contractor is required to attend a post-award Currency Reader Program Acquisition Kick-off Meeting (approximately 2 hours in duration) at the BEP facility in Washington, DC.
4.7 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 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, the Contractor shall immediately notify the CO and the COR, in writing, giving pertinent details. However, this notification data shall be informational only in character and receipt thereof shall not be construed as a waiver by the CO or COR of any delivery schedule or date or of any rights or remedies provided by law or under this contract.
5 CONTRACT ADMINISTRATION
5.1 Currency Reader Status Report
The Contractor shall provide BEP a monthly status report providing current and cumulative numbers for how many currency readers have been ordered, produced, shipped, and/or returned. Additionally, the report must identify any information regarding warranty claims and other information regarding why currency readers have been returned and/or replaced. The report shall be submitted to the COR no later than close of business on fifth day of each month for the previous month's status.
5.2 Invoices
The Contractor shall monitor all costs associated with the contract and direct contractor activities to ensure deliverables are completed on time. A separate invoice for each shipment of currency readers shall be submitted electronically to the COR and approved by the CO. The invoices shall have a unique invoice number and clearly identify the shipment(s) covered in that invoice. The invoice shall include, at a minimum, the number of currency readers shipped, the serial numbers, and costs owed to the Contractor for the readers and any related travel expenses for that period as identified under 4.6. Shipping manifests supporting the delivery and acceptance of readers shall also be submitted as support documentation. The Contractor will invoice BEP for currency readers only after the readers have been accepted by the Government warehouse.
Section D - Packaging and Marking
Section E - Inspection and Acceptance Terms
Section F - Delivery or Performance
Section G - Contract Administration Data
Requesting Office Address
BEP-OER
Bureau of Engraving and Printing Office of External Relations 301 14th Street SW Washington DC 20228-0001 Phone: Fax:
Contact Details:
COTR Office Address
BEP-OER
Bureau of Engraving and Printing Office of External Relations 301 14th Street SW Washington DC 20228-0001
Issuing Office Address
BEP-ACQUISITION
Bureau of Engraving and Printing Office of Acquisition 301 14th Street SW Washington DC 20228-0001
Section H - Special Contract Requirements
Ordering Instructions
This contract is awarded in accordance with FAR 16.503 Requirements Contracts. Delivery orders (DOs) may be placed during the period of performance, which is three years from date of award, for currency readers as defined in the scope and terms and conditions of the Requirements contract. The total scope of the technical requirements for which orders may be issued is set forth in the Statement of Need in Section C above. No currency reader will be acquired directly in the basic Requirements contract. The estimated quantities in Schedule B is not a representation to any offeror or contractor that this estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal.
Instructions for Section D-Packaging and Marketing; Section E- Inspection and Acceptance Terms, and Section F-Delivery or Performance, which state the word "None" are included in this Section H, in applicable clauses in Section I, or in the Statement of Need.
The maximum order limitation during the ordering period of performance is based on the actual need of the Government during the 3-year ordering period. The estimated Government need is 528,600 currency readers for three years. Actual readers ordered may be more than 528,600 readers, but the total amount of orders may not exceed $103,000,000 in value.
Orders may be placed until the 3-year ordering period is reached or until the ordered value reaches $103,000,000, whichever occurs first. No orders may be placed after the contract ordering period of performance expires.
Funding shall be authorized at the delivery order level and shall be the type determined appropriate for the supplies to be acquired. This accounting and appropriation data will be set forth on individual DOs issued hereunder.
Ordering Procedures.
Orders will be issued by a BEP Contracting Officer in accordance with this contract. The following procedures shall be used for negotiation of orders.
(1) The Contracting Officer will provide the Contractor with a copy of the notification of each proposed Order which will include a description of the requirement, quantity, and delivery and shipping information.
(2) The Contractor shall submit to the Contracting Officer a price proposal and delivery schedule for the currency readers to be ordered. Pricing shall be no more than the negotiated unit price for the effective period of the order date, but may be discounted further.
(3) Upon receipt of the proposal, the Contracting Officer will analyze the proposal and, if acceptable, will issue an Order directing the Contractor to commence performance. If the proposal is not fully acceptable as offered, negotiations shall be conducted prior to issuance of any Order. In the event issues pertaining to a proposed requirement cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to withdraw and cancel the proposed requirement. In such event, the Contractor shall be notified, via letter, of the Contracting Officer's decision. This decision shall be final and conclusive and shall not be subject to the Disputes clause or the Contract Disputes Act.
QUALITY ASSURANCE:
General: In accordance with commercially accepted practices, the Contractor is responsible for the performance of all inspection and testing requirements as stated in the Statement of Need to ensure that currency reader meet the functional requirements stated in the Statement of Need.
Quality Assurance Plan Requirements: If any of the work required under the contract is subcontracted, the Contractor shall require that the Subcontractor adhere to a Quality Assurance Plan that requires the currency reader meet the functional requirements as detailed in the Statement of Need.
INSPECTION AND ACCEPTANCE: Inspection and acceptance of the supplies to be provided hereunder is delegated to the duly appointed Contracting Officer's Representative (COR) at the place of delivery in accordance with the FAR clause 52.212-4.
The Contractor's shipments are to be delivered F.O.B. Destination to a warehouse designated in the individual delivery orders. Additional instructions, if necessary, to schedule delivery with the warehouse or provide loading docks/receiving center constraints/detail will be stated in each DO.
SHIPPING LABEL REQUIREMENTS:
Every box/skid must have at least one readable shipping label applied to the outside. The label is to include, at minimum, the following information:
• Manufacturer (Contractor Name)
• Shipping Address
• BEP Delivery Order Number
• Customer Name & Address
Failure to adhere to the packing slip and label requirements could result in shipment rejection, processing delay, or payment delay.
CONTRACT ADMINISTRATION OFFICE:
This contract will be administered by:
Bureau of Engraving and Printing
Office of Acquisition
14th and C Street, S.W.
Washington, D.C. 20228-0001
Written communication to the CO shall make reference to this contract number and as applicable the Delivery Order number.
Section I - Contract Clauses
Article Number Reference Text 52.202-1 52.202-1 Definitions (JAN 2012) 52.203-3 52.203-3 Gratuities (APR 1984) 52.203-6 52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006) 52.203-12 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-4 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-13 52.204-13 System for Award Management Maintenance (JUL 2013) 52.211-17 52.211-17 Delivery of Excess Quantities (SEPT 1989) 52.212-1 52.212-1 Instructions to Offerors -Commercial Items (JUL 2013) 52.212-4 52.212-4 Contract Terms and Conditions-Commercial Items (JUL 2013) 52.227-1 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.232-1 52.232-1 Payments (APR 1984) 52.232-8 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-39 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.242-13 52.242-13 Bankruptcy (JULY 1995)
52.242-15 52.242-15 Stop-Work Order (AUG 1989) 52.247-34 52.247-34 F.o.b. Destination (NOV 1991)
52.212-5
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Sep 2013)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (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).
_X_ (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) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).
_X__ (6) 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_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.
2313).
___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 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).
___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (10) 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).
___ (11) [Reserved]
_X__ (12) (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).
___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X__ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).
___ (15) (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.
___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
_X__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (19) (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.
___ (20) 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).
___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.
657f).
_X__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
___ (25) 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)).
___ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).
___ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
___ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
___ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
___ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
___ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
_X__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
___ (34) 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.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (37) (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__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).
_X__ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).
___ (40) (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.
___ (41) 52.225-5, Trade Agreements (Sep 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (42) 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).
___ (43) 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).
___ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
___ (46) 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)).
___ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
_X__ (48) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C.
3332).
___ (49) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).
___ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (52) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C.
206 and 41 U.S.C. 351, et seq.).
___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).
___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(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 (Jan 2013) (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 Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)
(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).
(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. (Mar 2009) (Pub. L. 110-247).
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 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 03-FEB-2014 through 02-FEB-2017.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
52.216-19 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 1,000, 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 50,000;
(2) Any order for a combination of items in excess of 50,000; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, 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.
(End of clause)
52.216-21 52.216-21 Requirements (OCT 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule.
The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract.
Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.
Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;
provided, that the Contractor shall not be required to make any deliveries under this contract after 31-JUL-2017.
(End of clause)
52.252-2 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):
www.acquisition.gov
(End of clause)
52.252-4 52.252-4 Alterations in Contract (APR 1984) Portions of this contract are altered as follows:
None
(End of clause)
52.252-6 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 Department of the Treasury Acquisition Regulation (48 CFR 10 ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
Treasury Provisions/Clauses
DTAR 1052.201-70 Contracting Officer's Representative (COR) Appointment and Authority. (August 2011)
(a) The COR is ___TBD____________ [insert name, address and telephone number].
(b) Performance of work under this contract is 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, and/or 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 contract 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 contract 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 must 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 COTR or the designated representative falls within the limitations of (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."
(End of clause)
DTAR 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.
DTAR 1052.232-1 Electronic submission of payment requests. (Aug 2012)
(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)
52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012)
This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.
(a) 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.
(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.
(c) The acceleration of payments under this clause does not provide any…
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