BEP-RFP-16-0457.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
2031ZA
BEP-ACQUISITION
Bureau of Engraving and Printing, Office of Acquisition, 301 14th Street SW Washington, DC, 20228-0001, US
See Schedule
See Schedule
424130
500 Employees
BEP-RFP-16-0457
08/16/2016
09/17/2016
2031ZA
Same As Issuing Office
The Bureau of Engraving and Printing (BEP) intends to issue a solicitation for its requirement to obtain pre-printed and unprinted currency straps and currency bundle bands used by the BEP for packaging of the U.S. currency banknotes at the Western Currency Facility & Washington, DC Facility.
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
See Schedule
BEP-RFP-16-0457
SECTION B - SUPPLIES OR SERVICES AND PRICES
B.1 SCHEDULE OF ITEMS AND PRICES – INDEFINTE DELIVERY INDEFINTE
QUANTITY - FIRM-FIXED PRICE:
UNIT
CLIN SUPPLIES/SERVICES EST QTY PRICE
Ordering Period I – To be inserted at time of award 1001 Stock #: 1L001819 Currency Bundle Bands, Large 820,000 Sheet $ 1002 Stock #: 1L001816 Solid Line, Blue ($1) 0 Sheet $ 1003 Stock #: 1L001891 Solid Line, Green ($2) 25,000 Sheet $ 1004 Stock #: IL001817 Solid Line, Red ($5) 500,000 Sheet $ 1005 Stock #: IL001878 Solid Line, Yellow ($10) 400,000 Sheet $ 1006 Stock #: IL001818 Solid Line, Purple ($20) 1,150,000 Sheet $ 1007 Stock #: IL001892 Solid Line, Brown ($50) 112,000 Sheet $ 1008 Stock #: IL001893 Solid Line, Ochre ($100) 794,000 Sheet $ 1009 Stock #: IL001974 Stripe Line, Blue ($1) 226,000 Sheet $ 1010 Stock #: IL001891A Stripe Line, Green ($2) 5,000 Sheet $ 1011 Stock #: IL001975 Stripe Line, Red ($5) 100,000 Sheet $ 1012 Stock #: IL001976 Stripe Line, Yellow ($10) 80,000 Sheet $ 1013 Stock #: IL001977 Stripe Line, Purple ($20) 230,000 Sheet $ 1014 Stock #: IL002009 Stripe Line, Brown ($50) 25,000 Sheet $ 1015 Stock #: IL002021 Stripe Line, Ochre ($100) 400,000 Sheet $
Ordering Period II – To be inserted at time of award 2001 Stock #: 1L001819 Currency Bundle Bands, Large 750,000 Sheet $ 2002 Stock #: 1L001816 Solid Line, Blue ($1) 0 Sheet $ 2003 Stock #: 1L001891 Solid Line, Green ($2) 25,000 Sheet $ 2004 Stock #: IL001817 Solid Line, Red ($5) 430,000 Sheet $ 2005 Stock #: IL001878 Solid Line, Yellow ($10) 300,000 Sheet $ 2006 Stock #: IL001818 Solid Line, Purple ($20) 935,000 Sheet $ 2007 Stock #: IL001892 Solid Line, Brown ($50) 112,000 Sheet $ 2008 Stock #: IL001893 Solid Line, Ochre ($100) 800,000 Sheet $ 2009 Stock #: IL001974 Stripe Line, Blue ($1) 232,000 Sheet $ 2010 Stock #: IL001891A Stripe Line, Green ($2) 5,000 Sheet $ 2011 Stock #: IL001975 Stripe Line, Red ($5) 86,000 Sheet $ 2012 Stock #: IL001976 Stripe Line, Yellow ($10) 60,000 Sheet $ 2013 Stock #: IL001977 Stripe Line, Purple ($20) 187,000 Sheet $ 2014 Stock #: IL002009 Stripe Line, Brown ($50) 25,000 Sheet $ 2015 Stock #: IL002021 Stripe Line, Ochre ($100) 400,000 Sheet $
Ordering Period III – To be inserted at time of award 3001 Stock #: 1L001819 Currency Bundle Bands, Large 774,000 Sheet $ 3002 Stock #: 1L001816 Solid Line, Blue ($1) 0 Sheet $ 3003 Stock #: 1L001891 Solid Line, Green ($2) 95,000 Sheet $ 3004 Stock #: IL001817 Solid Line, Red ($5) 442,000 Sheet $
3005 Stock #: IL001878 Solid Line, Yellow ($10) 300,000 Sheet $ 3006 Stock #: IL001818 Solid Line, Purple ($20) 964,000 Sheet $ 3007 Stock #: IL001892 Solid Line, Brown ($50) 112,000 Sheet $ 3008 Stock #: IL001893 Solid Line, Ochre ($100) 813,000 Sheet $ 3009 Stock #: IL001974 Stripe Line, Blue ($1) 234,000 Sheet $ 3010 Stock #: IL001891A Stripe Line, Green ($2) 25,000 Sheet $ 3011 Stock #: IL001975 Stripe Line, Red ($5) 88,400 Sheet $ 3012 Stock #: IL001976 Stripe Line, Yellow ($10) 60,000 Sheet $ 3013 Stock #: IL001977 Stripe Line, Purple ($20) 192,800 Sheet $ 3014 Stock #: IL002009 Stripe Line, Brown ($50) 25,000 Sheet $ 3015 Stock #: IL002021 Stripe Line, Ochre ($100) 407,000 Sheet $
Ordering Period IV – To be inserted at time of award 4001 Stock #: 1L001819 Currency Bundle Bands, Large 770,000 Sheet $ 4002 Stock #: 1L001816 Solid Line, Blue ($1) 0 Sheet $ 4003 Stock #: 1L001891 Solid Line, Green ($2) 25,000 Sheet $ 4004 Stock #: IL001817 Solid Line, Red ($5) 460,000 Sheet $ 4005 Stock #: IL001878 Solid Line, Yellow ($10) 280,000 Sheet $ 4006 Stock #: IL001818 Solid Line, Purple ($20) 992,000 Sheet $ 4007 Stock #: IL001892 Solid Line, Brown ($50) 112,000 Sheet $ 4008 Stock #: IL001893 Solid Line, Ochre ($100) 823,000 Sheet $ 4009 Stock #: IL001974 Stripe Line, Blue ($1) 235,000 Sheet $ 4010 Stock #: IL001891A Stripe Line, Green ($2) 5,000 Sheet $ 4011 Stock #: IL001975 Stripe Line, Red ($5) 92,000 Sheet $ 4012 Stock #: IL001976 Stripe Line, Yellow ($10) 56,000 Sheet $ 4013 Stock #: IL001977 Stripe Line, Purple ($20) 198,400 Sheet $ 4014 Stock #: IL002009 Stripe Line, Brown ($50) 25,000 Sheet $ 4015 Stock #: IL002021 Stripe Line, Ochre ($100) 412,000 Sheet $
Ordering Period V – To be inserted at time of award 5001 Stock #: 1L001819 Currency Bundle Bands, Large 780,000 Sheet $ 5002 Stock #: 1L001816 Solid Line, Blue ($1) 0 Sheet $ 5003 Stock #: 1L001891 Solid Line, Green ($2) 25,000 Sheet $ 5004 Stock #: IL001817 Solid Line, Red ($5) 475,000 Sheet $ 5005 Stock #: IL001878 Solid Line, Yellow ($10) 270,000 Sheet $ 5006 Stock #: IL001818 Solid Line, Purple ($20) 1,021,000 Sheet $ 5007 Stock #: IL001892 Solid Line, Brown ($50) 112,000 Sheet $ 5008 Stock #: IL001893 Solid Line, Ochre ($100) 834,000 Sheet $ 5009 Stock #: IL001974 Stripe Line, Blue ($1) 236,000 Sheet $ 5010 Stock #: IL001891A Stripe Line, Green ($2) 5,000 Sheet $ 5011 Stock #: IL001975 Stripe Line, Red ($5) 95,000 Sheet $ 5012 Stock #: IL001976 Stripe Line, Yellow ($10) 54,000 Sheet $ 5013 Stock #: IL001977 Stripe Line, Purple ($20) 204,200 Sheet $ 5014 Stock #: IL002009 Stripe Line, Brown ($50) 25,000 Sheet $ 5015 Stock #: IL002021 Stripe Line, Ochre ($100) 418,000 Sheet $
Note: In accordance with FAR 16.503(1), the above quantities are estimates which are based on historic records of previous requirements and consumption and are not a representation to an offeror that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal.
B.2 PRICING OF DELIVERY ORDERS:
The unit prices for this contract are set forth in Section B.1 above. Delivery orders shall be placed at the unit price as established in the applicable ordering period.
B.3 CONTRACT MAXIMUM AND MINIMUMS – IDIQ:
(a) Minimum: The minimum dollar guarantee for this IDIQ is $130,000.00 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 H.2 below. This contract obligates funding for the minimum dollar amount as set forth in above.
(b) Ordering Ceiling: The maximum dollar amount that may be ordered on this contract will not exceed $4,000,000.00 over the life of the contract.
SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT
C.1 GENERAL REQUIREMENTS:
(a) Background: The Bureau of Engraving and Printing (BEP) is a component of the 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.
(b) Objective: The purpose of this requirement is for the BEP to procure currency strap bands and currency bundle bands suitable for wrapping and containing Federal Reserve Notes Printed at the Bureau of Engraving and Printing, hereinafter referred to as BEP.
(c) Scope: The Contractor shall furnish all facilities, labor, materials, and all other necessary resources to provide the specified straps in accordance with the terms and conditions herein.
SECTION D - PACKAGING AND MARKING
D.1 PACKAGING AND MARKING:
Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with Section 5.0 of Attachments A of this contract.
D.2 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 Safety Data Sheets (SDS) for these substances. Hazard Material Information System (HMIS) data shall be provided, as required, on all packaging. Materials not meeting this requirement will not be accepted (off-loaded) by BEP.
SECTION E - INSPECTION AND ACCEPTANCE
E.1 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 (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
(End of Clause)
CLAUSE
NUMBER TITLE DATE
52.246-2 INSPECTION OF SUPPLIES-FIXED PRICE AUG 199652.246-16
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:_______________________________________
E.2 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 the FAR clause 52.212-4 (see Section E.1) and Attachment A of this document.
E.3 QUALITY ASSURANCE:
In accordance with Section 4.0 of Attachment A, unless otherwise specified in the specification or purchase order, the Contractor is responsible for the performance of all inspection and testing requirements as stated in the specification. 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 conform to prescribed requirements.
SECTION F - DELIVERIES OR PERFORMANCE
F.1 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 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
(End of Clause)
CLAUSE
NUMBER TITLE DATE
52.211-16 VARIATION IN QUANTITY APR 1984
(b) The permissible variation shall be limited to: five (5) percent increase; five (5) percent decrease.
This increase or decrease shall apply to each quantity specified in the delivery order.
52.211-17 DELIVERY OF EXCESS QUANTITIES SEP 1989
52.247-34 F.O.B DESTINATION NOV 1991
F.2 PLACE OF DELIVERY:
(a) Delivery orders placed against Contract Line Item Numbers (CLINs) 1001 through 5015 as specified in Section B.1 above shall be delivered via F.O.B. Destination to the location specified in the Delivery order.
The following represents important delivery requirements regarding the locations that supplies may be delivered to in support of this effort.
(1) Supplies to be delivered to BEP’s ECF are to be delivered to the following address:
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. The Contractor shall contact BEP’s DCF’s Receiving Section at 202-874-2333 at least twenty-four (24) hours in advance to schedule all deliveries.
The following information is to be provided:
- Name of supplier/manufacturer
- Contract/Purchase Order Number
- Total number of cartons or pallets
- Total weight
- Date and Time of Delivery
Note: 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.
(2) Supplies to be delivered to BEP’s WCF are to be delivered to the following address:
Bureau of Engraving and Printing Western Currency Facility 9000 Blue Mound Road Fort Worth TX 76131
Receiving hours are from 7:00 am to 2:30 pm local time, Monday through Friday, excluding U.S. Government holidays. The Contractor shall call the Receiving Area at (817) 847-3822 at least twenty-four (24) hours in advance to schedule all deliveries.
The following information is to be provided:
- Name of supplier/manufacturer
- Contract/Purchase Order Number
- Total number of cartons or pallets
- Total weight
- Date and Time of Delivery
F.3 DELIVERY PERIOD:
The delivery period of ordered material may vary from order to order and each delivery order shall state the required delivery period. However, in order to meet BEP production schedules, delivery shall be made within fourteen (14) calendar days after the issuance of the respective delivery order. A longer delivery period may be allowed provided that delivery of material will ensure that BEP production schedules are met. At the discretion of BEP, if a longer delivery time is feasible and approved in writing by the CO and COR, the respective delivery order shall provide the extended delivery date.
F.4 BEP YEAR END SHUTDOWN PERIOD AND FEDERAL HOLIDAYS:
(a) BEP observes the Federal holidays that are listed on the Office of Personnel website at:https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/
(b) BEP’s YES Period typically occurs December 25th through January 1st of each calendar year.
F.5 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:
(a) Contractor Certifications and Reports as described in Section 4.6 of Attachment A of this contract.
(b) Inspection and Testing Reports as described in Section 4.2 of Attachment A of this contract.
The results shall be provided for each batch of materials supplied to BEP.
(c) Corrective Action Report - The Contractor shall provide written corrective action reports to the CO and the COR in response to any root cause letters or quality audit reports issued as a result of material nonconformance to the contract specifications. A corrective action report shall be submitted within thirty (30) calendar days after receipt of a root cause letter or a quality audit report.
F.6 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 Contracting Officer and the COR, in writing, giving pertinent details, provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this contract.
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 CONTRACT ADMINISTRATION OFFICE:
(a) This contract will be administered by:
Bureau of Engraving and Printing Office of Acquisition 14th and C Streets, S.W., Rm. 705A Washington, D.C. 20228-0001
(b) Written communication to the CO shall make reference to the contract number.
G.2 DTAR CLAUSE 1052.201-70 - CONTRACTING OFFICER'S REPRESENTATIVE
(COR) –APPOINTMENT AND AUTHORITY (APR 2015):
(a) The COR is (to be designated by the CO 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, DC 20228-0001 Telephone: [to be inserted at time of contract award] E-Mail: [to be inserted at time of contract award]
(b) Performance of work under this contract must 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 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 COR or the designated representative falls within the limitations of (see Section G.2.0 (c), 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)
G.3 DTAR 1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
(APR 2015):
(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), “Content of Invoices” and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.
(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)
G.4 CONTRACTOR CONTACT INFORMATION:
The person listed below has been designated by the Contractor as the person whom the Bureau of Engraving and Printing (BEP) may contact during the period of the contract for prompt action on matters pertaining to administration of the contract including negotiation of any proposed changes.
Name: (to be inserted by offeror) Title: (to be inserted by offeror) Address: (to be inserted by offeror) Tel No: (to be inserted by offeror) Fax No: (to be inserted by offeror) E-Mail Address: (to be inserted by offeror)
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 TYPE OF CONTRACT:
This is an Indefinite Delivery, Indefinite Quantity contract with fixed price line items with a period of performance of five years from date of contract award.
H.2 ORDERING AUTHORITY AND PROCEDURES:
(a) Delivery orders under this contract shall be issued by warranted CO’s of the following activity: Bureau of Engraving and Printing, 14th and C Streets, S.W., Washington, DC 20228- 0001.
(b) All delivery orders will be placed in writing using Optional Form 347 or another form deemed acceptable by BEP. At a minimum, each order will contain the following information in accordance with FAR 16.505(a)(7): 1) contract number and delivery order number, 2) contract line item numbers, descriptions, contract unit prices and amounts, 3) delivery date, 4) place of delivery, 5) accounting and appropriation data, 6) signature of an authorized ordering official, 7) date of order, and 8) any packaging, packing, and shipping instructions. Delivery orders will 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.
(c) The Government may place multiple delivery orders under this contract during each ordering period of the contract. Delivery orders shall be placed at the unit price set forth for each ordering period.
H.3 INTERPRETATION OF CONTRACT REQUIREMENTS:
No interpretation of any provision of this contract, including applicable specifications, shall be binding on the Government unless furnished or agreed to in writing by the Contracting Officer.
H.4 CONFIDENTIALITY OF INFORMATION:
The Contractor agrees that all information provided by representatives of BEP, either before or after contract award, concerning the design, manufacture, processing or transporting of United States currency is nonpublic. Such information will be shared only with employees or agents of the company having a need to know, and will not be disclosed to other persons without the written consent of the CO. A Non-Disclosure Agreement to this effect may be required.
H.5 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.
H.6 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.
H.7 MATERIAL CONFORMANCE
The material to be provided under this contract shall conform in all respects with the contract requirements as set forth in Attachment A of this contract and applicable clauses as set forth herein. The material provided shall be identical to the material sample which the Contractor submitted with their proposal for evaluation, and shall deviate from the material certification only in those characteristics changed and agreed upon, if at all, during contract negotiations.
SECTION I - CONTRACT CLAUSES
I.1 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 CO will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far
(End of Clause)
CLAUSE
NUMBER TITLE DATE
52.212-4 CONTRACT TERMS AND CONDITIONS – MAY 2015
COMMERICAL ITEMS
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED JUN 2013
OBLIGATIONS
I.2 FAR CLAUSE 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUNE
2016)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.
3509).
___ (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 (Oct 2015) (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 (Oct 2015) (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) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved] X(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 (Oct 2015) 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) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
X (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (43) 52.225-5, Trade Agreements (Feb 2016) (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. 2302 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. 4505), 10 U.S.C. 2307(f)).
___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 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:
[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.
chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (10) 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 (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(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) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(ix) 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.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvi) 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).
(xvii) 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.
(xviii) 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)
I.3 FAR CLAUSE 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 25,000, 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 1,500;
(2) Any order for a combination of items in excess of 25,000; or
(3) A series of orders from the same ordering office within five days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (3) A series of orders from the same ordering office within five days that together call for quantities exceeding the limitation in subparagraph (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 five 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)
I.4 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 contract’s effective period;
provided, that the Contractor shall not be required to make any deliveries under this contract after (to be inserted at contract award).
(End of Clause)
I.5 FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL
SAFETY DATA (JAN 1997) / (ALTERNATE I (JUL 1995)
(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(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 (If none, insert “None”)
Identification No.
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph
(d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
(End of Clause)
I.6 FAR CLAUSE 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Department of Treasury Acquisition Regulation (48 CFR Chapter 10) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
I.7 DTAR 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.
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