CT2298-21.Solicitation.pdf
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| A001.Xtend.PNupdate.CT2298-21.pdf | ||
| PPP-P-1134D.Specifications.pdf | ||
| Credit Release Authorization.pdf | ||
| Business_Mgmt_Quest_CTG2298-21.pdf | ||
| ASTM-D-5431.Specifications.pdf | ||
| UNICORACH.rtf | RTF text file | |
| MIL-C-36904C. Specifications.pdf |
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1. REQUSITION NUMBER
5000046586
2. CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER
CT2298-21
6. SOLICITATION ISSUE DATE
03/11/2021
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Renee Stancil
b. TELEPHONE NUMBER (No collect calls)
919-575-8000
8. OFFER DUE DT/LOCAL TIME
03/23/2021 2:00PM
9. ISSUED BY CODE
Terre Haute Textile Mill UNICOR FPI Inc.
Terre Haute, IN 47802-0000
10. THIS AQUISITION IS
X UNRESTRICTED
SET ASIDE0 % FOR
SMALL BUSINESS
SMALL DISADV.BUSINESS
8(A)
NAICS: 313210
11. DELIVERY FOR FOB
DESTINATION UNLESS
BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB X RFP
16. ADMINISTERED BY CODE
Terre Haute Textile Mill UNICOR FPI Inc.
Terre Haute, IN 47802-0000
17a. CONTRACTOR/OFFEROR CODE 999999999 FACILITY CODE
UNDETERMINED SOURCE
-, DC
TELEPHONE NO. TIN:
RFQ: 6200008995
17b. CHECK IF REMITANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18a. PAYMENT WILL BE MADE BY CODE
UNICOR FPI Central Acct Payable
PO BOX 11849
LEXINGTON, KY 40578-1849,
USA
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
IS CHECKED SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
See Section B
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET
X FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO
THE TERMS AND CONDITIONS SPECIFIED HEREIN.
29. AWARD OF CONTRACT: REFERENCE __________________________________
OFFER DATED __________________. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HERIN,
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)
Renee Stancil 919-575-8000
31c. DATE SIGNED
03/12/2021
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE
CONTRACT EXCEPT AS NOTED
32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE
33. SHIP NUMBER
PARTIAL FINAL
34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT
COMPLETE PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD)
39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42d. TOTAL CONTAINERS
15. DELIVER TO CODE
UNICOR FPI Inc.
4200 Bureau Road North
TERRE HAUTE, IN 47802-0000
USA
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (10-95)
Prescribed by GSA - FAR (48 CFR) 53.212
PAGE 1 OF
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12,17,23,24 & 30
DJU6200008995 PAGE 2 OF 24
Request For Quote
Terms of delivery: DST
TERMS OF DELIVERY ARE F.O.B. DESTINATION TO:
UNICOR, Federal Prison Industries, Inc.
FCC Terre Haute
4200 Bureau Road North
Terre Haute, IN 47802
Solicitation is issued as a one (1) year firm fixed price Requirements type contract. The NAICS code is 313210 broadwoven fabric mills. The Small Business Size Standard is 1,000 employees. Solicitation is UNRESTRICTED.
Offerors who do not agree with the Producer Price Index listed above are required to submit the price index that they believe is correct to the contracting officer at least five (5) calendar days prior to the due date for offers. The index submitted will be evaluated, and changed by amendment to the solicitation if necessary.
PPI Series ID: PCU313210313210 - broadwoven fabric mills
Contract award term is one year. However, the government reserves the right to extend the contract by exercising future option years (up to a maximum of 4 options).
Producer Price Index for broadwoven fabric mills, Series ID PCU313210313210.
SUBCONTRACTING PLAN: Large Businesses submitting a proposal are required to submit a subcontracting plan as part of their proposal by the scheduled closing date and time. Failure to submit a subcontracting plan may result in the proposal being found technically unacceptable and may not be considered for further evaluation.
The Trade Agreements clause (52.225-5) is applicable to this acquisition. These items can be sourced from the U.S.A.
or a Trade Agreements "designated country" only. Designated countries are named and listed in the clause (included with solicitation documents).
QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN WRITING VIA EMAIL TO: Renee.Stancil@usdoj.gov. NO
PHONE CALLS PLEASE. The cut-off date to submit question is Wednesday, March 17, 2021.
For a list, description and total estimated quantities of all items, refer to Section B.
Lines 1 thru 6 are for the contract term of 1 year. Lines may be added for future options via Modification to the contract.
Required delivery shall be 30 calendar days after issuance of each delivery order. Delivery orders will be issued in accordance with FAR 52.216-19.
CONSIGNMENT inventory shall be built and maintained for stock at the Terre Haute factory location not later than 45 days after contract effective date. Vendors are required to provide their best manufacturing/delivery time for evaluation, and delivery schedule will be established at time of award.
Due to logistical considerations, do not send offers via U.S. Mail. Vendors shall submit signed and dated offers overnight delivery (FedEx, UPS, etc.) only as follows:
UNICOR Butner
Old NC Hwy 75N
Butner, NC 27509
ATTN: Renee Stancil, Contract Specialist - UNICOR Warehouse
VENDOR'S DUN & BRADSTREET NUMBER:_______________________________
VENDOR'S POINT OF CONTACT: _____________________________________
VENDOR'S TELEPHONE & FAX NUMBER: _______________________________
VENDOR'S EMAIL ADDRESS: ________________________________________
VENDOR'S BUSINESS SIZE (i.e. SMALL, LARGE, ETC.): ______________
By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System Award Management) prior to submitting a proposal, during performance and through final payment of any contract resulting from this solicitation.
Signature
The Administrative Contracting Officer is Renee Stancil @ Renee.Stancil@usdoj.gov.
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date
DJU6200008995 PAGE 3 OF 24
Request For Quote
EMAILED PROPOSALS WILL BE ACCEPTED. However it is the offeror's responsibility to confirm receipt of offer. Email address is Renee.Stancil@usdoj.gov.
Offers shall be submitted on the SF1449.
The date and time for receipt of proposals is Tuesday, March 23, at 2:00 PM eastern standard time. Offer must indicate
Solicitation No. CT2298-21, time specified for receipt of offer, name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offer must include acknowledgment of all amendments, if any.
The offer period for this acquisition is 60 days. Offerors agree to hold firm all price offers for 60 days from offer due date.
THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE OFFEROR:
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date
00001 FAB0106 900,000.000 YD 5000046586
SHTG,CTT/POLY,WHT,66"W,PRESHRUNK-180*
I.A.W.ASTM-D-5431-93,W/THE EXCEPTIONS TO
THE SPEC:PG2,TBL1,DIMENSIONAL CHANGE
SHALL BE 5% MAX. INSTEAD OF 2%.PG2,3.1.5
SUBST:"NOT FEWER THAN 180 YARNS",W/"180
+/-3 YARNS PER SQ.IN. ADDITIONS TO THE
SPEC:FABRIC SHALL CONTAIN 35% CTT. MIN.,
AND SHALL HAVE TWO(2) FAST SELVAGE EDGES
UNICOR PART NUMBER: FAB0106
DESCRIPTION: SHEETING
MATERIAL: COTTON/POLYESTER
COLOR: WHITE
SIZE: 66"W
SPEC: ASTM-D-5431-08
UNIT/MEASURE: YD.
PUT UP: MATERIAL SHALL BE PUT UP ON
ROLLS OF 500 YDS. +/- 50 YDS.
CLOTH SHALL BE CONTINUOUS LENGTHS,EACH
NOT LESS THAN 200 YDS.(BETWEEN SPLICES).
SLICES SHALL BE SEWN ENDS.ROLL CORE
SHALL BE 3" IN DIA. MIN. PRESERVATION
SHALL BE I.A.W. FED SPEC. PPP-P-1134B
COMMERICIAL. COC/TEST REPORTS MUST
ACCOMPANY SHIPMENT
00002 FAB1808 300,000.000 YD 5000046586
SHTG,CTTN-POLY,WHT,66",3OZ,MUSLIN,T130
PRESHRUNK WITH DIMENSIONAL CHANGE TO BE 3-5% MAX. FABRIC
TO HAVE TWO FAST SELVAGE EDGES. CLOTH WILL BE PUT UP ON
ROLLS OF 500 YARDS +/-50 YARDS.SPLICES PER ROLL WILL
VARY MAXIMUM 5 SPLICES PER ROLL. CONTINOUS LENGTH OF
CLOTH TO BE 50 TO 250 YARD LENGTHS. SPICES SHALL BE
SEWN ENDS. ROLL CORE SHALL BE 3" IN DIAEMETER. COC TEST
REPORTS MUST ACCOMPANY EACH SHIPMENT. MINIMUM ORDER
IS 10,000 YARDS.
UNICOR PART NO. FAB1808
COLOR:WHITE
U/M:YARD
DJU6200008995 PAGE 4 OF 24
Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date
00003 FAB1035 300,000.000 YD 5000046586
CLTH,CTT/POLY,BRN,3.2-OZ,60"W,36904C,*
UNICOR PART NUMBER:FAB1035
DESCRIPTION:FABRIC
SPECIFICATION:MIL-C-36904C.
COLOR:BROWN
WIDTH:60" FABRIC
TO HAVE TWO FAST SELVAGE EDGES.
UNIT OF MEASURE:YARD
A CERTIFICATE OF CONFORMANCE AND TEST
DATA MUST ACCOMPANY OR PRECEDE EACH
SHIPMENT. FAILURE TO SUPPLY THESE
DOCUMENTS SHALL BE CAUSE FOR REJECTION
OF SHIPMENT.
00004 FAB0117 140,000.000 YD 5000046586
SHTG,CTT/POLY,WHT,72"W,PRESHRUNK-180*
I.A.W.ASTM-D-5431-08,W/THE EXCEPTIONS TO
THE SPEC:PG2,TBL1,DIMENSIONAL CHANGE IN
SHALL BE 3% MAX. INSTEAD OF 2%.PG.2,3.1.
5,SUB:"NOT FEWER THAN 180 YARNS",W/"180
+/- YARNS PER SQ IN".ADDITIONS TO THE
SPEC: FABRIC SHALL CONTAIN 35% CTT. MIN.
AND SHALL HAVE TWO FAST SELVAGE EDGES.
UNICOR PART NUMBER: FAB0117
DESCRIPTION: SHEETING
MATERIAL: COTTON/POLYESTER
COLOR: WHITE
SIZE: 72"W
SPEC: ASTM-D-5431-08
PUT UP: MATERIAL SHALL BE PUT UP ON
ROLLS OF 500 YDS. +/- 50 YDS.
CLOTH SHALL BE CONTINUOUS LENGTHS,EACH
NOT LESS THAN 200 YDS.(BETWEEN SPLICES).
SLICES SHALL BE SEWN ENDS.ROLL CORE
SHALL BE 3" IN DIA. MIN. PRESERVATION
SHALL BE I.A.W. FED SPEC. PPP-P-1134B
COMMERICAL. COC/TEST REPORTS MUST
ACCOMPANY SHIPMENT
UNIT OF MEASURE: YD
DJU6200008995 PAGE 5 OF 24
Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date
00005 FAB0109 40,000.000 YD 5000046586
SHTG,CTT/POLY,WHT,81"W,PRESHRUNK-180*
I.A.W.ASTM-D-5431-93,W/THE EXCEPTIONS TO
THE SPEC:PG2,TBL1,DIMENSIONAL CHANGE IN
SHALL BE 5% MAX. INSTEAD OF 2%.PG2,3.1.5
SUBSTI:"NOT FEWER THAN 180 YARNS",W/"180
+/-3 YARNS PER SQ. IN.ADDITIONS TO THE
SPEC:FABRIC SHALL CONTAIN 35% CTT MIN.,
AND SHALL HAVE TWO(2) FAST SELVAGE EDGES
UNICOR PART NUMBER: FAB0109
DESCRIPTION: SHEETING
MATERIAL: COTTON/POLYESTER
COLOR: WHITE
SIZE: 81"W
SPEC: ASTM-D-5431-08
PUT UP: MATERIAL SHALL BE PUT UP ON
ROLLS OF 500 YDS. +/- 50 YDS.
CLOTH SHALL BE CONTINUOUS LENGTHS,EACH
NOT LESS THAN 200 YDS.(BETWEEN SPLICES).
SLICES SHALL BE SEWN ENDS.ROLL CORE
SHALL BE 3" IN DIA. MIN. PRESERVATION
SHALL BE I.A.W. FED SPEC. PPP-P-1134B
COMMERICAL. COC/TEST REPORTS MUST
ACCOMPANY SHIPMENT
UNIT OF MEASURE: YD
DJU6200008995 PAGE 6 OF 24
Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date
00006 FAB0982 40,000.000 YD 5000046586
SHTG,CTT/POLY,CHMPGN,66"W,PRESH-180*
I.A.W.ASTM-D-5431-08, CERTIFICATE OF
COMFORMANCE MUST ACCOMPANY OR PRECEDE
ALL SHIPMENTS.
UNICOR PART NUMBER: FAB0982
DESCRIPTION: FABRIC
UNIT/MEASURE: YD.
WITH THE FOLLOWING EXCEPTION TO THE
SPECIFICATIONS, PG.2, TABLE 1,
DIMENSIONAL CHANGE IN EACH DIRECTION
SHALL BE 5% INSTEAD OF 2%. PG.2, 3.1.5,
SUBSTITUTE "NOT FEWER THAN 180 YARNS",
WITH "180 +/- 3 YARNS PER SQUARE INCH"
ADDITION TO THE SPECIFICATION: FABRIC
SHALL CONTAIN 35% COTTON MINIMUM, AND
SHALL HAVE TWO (2) FAST SELVAGE EDGES.
WIDTH: 66" +/- 1/4" (INCLUSIVE OF
SELVAGES).
COLOR: CHAMPAGNE (VAT DYED)
PUT UP: MATERIAL SHALL BE PUT UP ON ROLL
S OF 500 YARDS, +/- 50 YARDS. CLOTH
SHALL BE IN CONTINUOUS LENGTHS, EACH NOT
LESS THAN 200 YARDS (BETWEEN SPLICES).
SPLICES SHALL BE SEWN ENDS. PERSERVATIO
N SHALL BE ACCORDANCE WITH FE
D SPEC PPP-P-1134B, COMMERICAL.
"ROLL CORE DIAMETER SHALL BE NO LESS THAN 3 INCHES."
DJU6200008995 PAGE 7 OF 24
PART I: INFORMATION
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is
CT2298-21 and this solicitation is issued as a Request For Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-04 dated 01/19/2021. The North
American Industry Classification System code is 313210, broadwoven fabric mills . This requirement is UNRESTRICTED.
UNICOR, Federal Prison Industries, Inc., intends to enter into a one (1) year, firm-fixed-price, requirements contract for the following commercial item(s): Sheeting material, 6 types, for use in manufacturing bedding sheets and pillow cases at UNICOR's Terre Haute facility. The finished products are for sale to federal government agencies.
SEE SECTION B FOR THE LINE ITEM DESCRIPTIONS AND ESTIMATED QUANTITIES
The estimated maximum quantity for the life of the contract is: 1,720,000 Yards
ITEMS WILL BE AWARDED INDIVIDUALLY. MORE THAN ONE ITEM MAY BE AWARDED TO ONE OFFEROR.
Any contract resulting from this solicitation will not be an obligation. Funds will be obligated by delivery orders.
ADDITIONAL INFORMATION pertaining to this solicitation:
Contract award term is one year. However, the government reserves the right to extend the contract by exercising future option years (up to a maximum of 4 options). Any future options shall be negotiated and agreed to bi-laterally.
Option prices shall be negotiated by both parties based on the Producer Price Index for broadwoven fabric mills, Series ID PCU313210313210.
The Trade Agreements clause (52.225-5) is applicable to this acquisition. These items can be sourced from the U.S.A.
or a Trade Agreements "designated country" only. Designated countries are named and listed in the clause (included with solicitation documents).
All Section B Line Item Quantities are ESTIMATES Only.
A copy of the Certificate of Conformance (COC), applicable physical test results, and the packing slip shall accompany each shipment. The furnishing of this paperwork shall be a condition of acceptance at destination, and payment shall not be made until it is received. Delivery is FOB Terre Haute, IN 47802
The "put-up" roll size for the sheeting items is specified in the Section B line item descriptions.
CONSIGNMENT INVENTORY
Consignment inventory shall be built and maintained for stock no later than forty-five (45) days after effective date of the contract.
CONSIGNMENT QUANTITIES LISTED BELOW SHALL BE WAREHOUSED AT UNICOR'S TERRE HAUTE LOCATION
FAB0106
FAB0109
FAB0117
FAB1808
FAB1035
FAB0982
40,000 YDS
5,000 YDS
10,000 YDS
40,000 YDS
20,000 YDS
10,000 YDS
DJU6200008995 PAGE 8 OF 24
The consignment will be maintained at this level until advised in writing by UNICOR/Federal Prison Industries to reduce it. Consignment quantity levels may be changed by (+/-) 25% for each item upon 30 day notice via contract modification to the Vendor. Consignment inventories may be adjusted throughout the contract period due to factory load. These changes will be done at the factory level by the contract specialist under advisement of factory staff.
The contractor will be notified 30 days prior to the effective date of the inventory change.
The consignment quantity is waived for the last month of the contract. At contract end, UNICOR/FPI will purchase all remaining inventory in consignment within 60 days.
The contractor will be required to provide advance notification to UNICOR of any unforeseen changes that would impact
UNICOR factory production.
A physical inventory will be conducted by UNICOR personnel and/or by the consignment vendor bi-annually on all consignment inventories.
(End additional information)
NOTICE TO GOVERNMENT WHEN CONTRACTOR(S) DELAYS:
In the even the contractor(s) encounter difficulty in meeting performance requirements, or when there is an anticipated difficulty in complying with the delivery terms or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely delivery/performance of this contract, the contractor must immediately notify the Field Administrative Contracting Officers at UNICOR (factory location) or in writing, giving pertinent details. This information will not be construed as a waiver by the
Government of the required delivery schedule, or the Governments rights to impose consideration against delinquencies or other remedies provided by this contract. all
Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the
Contractor and as such, the Contractor will:
During the contract period, the Contractor shall report to the Contracting Officer all price reductions offered to the category of customers that are considered by the Contractor to be their most favored or best commercial customer.
1. A price reduction shall apply to purchases under this contract if, after the award date, the Contractor-
i) Revises downward its commercial catalog, price list, schedule, etc., to its best commercial customers (or category of customers) below the awarded price under this contract;
ii) Grants more favorable discounts or terms and conditions to its best commercial customers than those contained in this contract that would result in prices below the awarded price under this contract, an/or
iii) Grants special discounts to its best commercial customer (or category of customers) that would result in prices lower than the awarded price under this contract.
2. The Contractor shall offer the price reduction to FPI with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers).
The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period.
The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date. All
Future requirements for these or similar items from this or other UNICOR factories may be added to the resulting contract if considered to fall within the scope of work and the price is determined to be fair and reasonable.
Packaging shall comply with the specifications of ASTM D-3951-95, standard practice for commercial packages.
INVOICES ARE TO BE MAILED TO:
UNICOR, Federal Prison Industries
DJU6200008995 PAGE 9 OF 24
Central Accounts Payable
P.O. Box 11849
Lexington, KY 40578-1849
ATTN: Supervisory Operating Accountant
PH: 1-800-827-3168
Or
INVOICES ARE TO BE EMAILED TO:
accountspayable@central.unicor.gov
PART II: FAR CLAUSES
52.204-4, Printed or Copied Double-Sided on Recycled Paper, MAY 2011)
52.211-16, Variation in Quantity (APR 1984) of ten percent (10%) increase or ten percent (10%) decrease, applied to the quantity per line item in each delivery order;
52.212-4, Contract Terms and Conditions - Commercial Items (OCT 2018).
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JAN 2021)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section
743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.
3805note)).
(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:
_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), 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 (Jun 2020) (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 (Jun 2020) (Pub. L. 109-282) (31
U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.
111-117, section 743 of Div. C).
_x_ (8) 52.209-6, Protecting the Government#s Interest When Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).
_x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.
2313).
DJU6200008995 PAGE 10 OF 24
__ (10) [Reserved].
__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).
__ (ii) Alternate I (Mar 2020) of 52.219-3.
__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
__ (13) [Reserved]
__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).
__ (ii) Alternate I (Mar 2020) (52.219-6)
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
_x_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). All over $700,000 except personal services
_x_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)). All over $700,000 and subbing possible and required to include 52.219-8, except set asides and 8(a)
__ (ii) Alternate I (Nov 2016) of 52.219-9. Sealed bidding
__ (iii) Alternate II (Nov 2016) of 52.219-9. All negotiated where plan required with initial proposal
__ (iv) Alternate III (Jun 2020) of 52.219-9. Don#t use # only for items not reported in FPDS-NG
__ (v) Alternate IV (Jun 2020) of 52.219-9. Use when incorporating a subcontracting plan due to a modification as provided for in 19.702(a)(3)
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).(ii) Alternate I (Mar 2020) of
52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).
_x_ (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 (Mar 2020) (15 U.S.C. 657f).
_X_ (22) (i) 52.219-28, Post Award Small Business Program Representation (MAY 2020) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small
Business Concerns (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_x_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35. If the Director, Office of Federal Contract Compliance Programs of the
U.S. Department of Labor, or the head of the agency waives one or more (but not all) of the terms of the clause, use the basic clause with its Alternate I.
_x_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_x_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in
22.1803.)
DJU6200008995 PAGE 11 OF 24
__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA#Designated Items (May 2008) (42
U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_x_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.
13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun
2016) (E.O. 13693).
__ (40) (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.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
__ (43) (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_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
_x_ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.#s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020). If includes 52.229-11
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).
___ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31
U.S.C.3332).
_X_ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). If contains 52-219-9
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
DJU6200008995 PAGE 12 OF 24
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and
Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 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).
__ (5) 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).
__ (6) 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).
__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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 (Jun 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section
743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky
Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).
(xi) 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.
DJU6200008995 PAGE 13 OF 24
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii)(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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 and E.O 13627).
(xiv) 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).
(xv) 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).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 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)
Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to paragraphs (a), (b), (c), or (d) of this clause# in the redesignated paragraph (d) to read #paragraphs (a), (b), and (c) of this clause.
Alternate II. (Oct 2020) As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to
(i) Examine any of the Contractor's or any subcontractors records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector
General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section
1553 of Pub. L. 111-5).
(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(E) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(F) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
DJU6200008995 PAGE 14 OF 24
(G) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(H) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(I) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(J) 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.
(K) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67).
(L) ___(1) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).
___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(M) 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).
(N) 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).
(O) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).
(P) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(R)(1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(2) Alternate I (Jan 2017) of 52.224-3.
(S) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(T) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(U) 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 .
52.216-18, Ordering (AUG 2020).
(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 date of award through five (5) years thereafter, if all options are exercised.
(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.
52.216-19, Order Limitation (OCT 1995).
(a) minimum delivery order of 20,000 yards for a single line item; (b)(1) max delivery order for a single item in excess of 60,000 yards; (b)(2) any order for a combination of items in excess of 60,000 yards each line, contractor will not be obligated to honor. Contractor will not be obligated to honor a series of orders from the same ordering office, within a 15 day period that together call for quantities exceeding the maximum order limitations. However, the contractor shall honor orders exceeding the maximum order limitations unless the order(s) are returned to the ordering office within seven calendar days after issuance with a written statement expressing the contractor's intent not to ship.
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.
DJU6200008995 PAGE 15 OF 24
(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 30 calendar days after contract validity end.
(End of clause)
52.217-7 Option for Increased Quantity-Separately Priced Line Item (MAR 1989)
52.217-9 Option to Extend the Term of the Contract (Mar 2000). (a) The Government may extend the term of this contract by written notice to the Contractor within 14 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016)
(a) Definition. As used in this clause-
"Global warming potential" means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.
"High global warming potential hydrofluorocarbons" means any hydrofluorocarbons in a particular end use for which
EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR Part 82 subpart G with supplemental tables of alternatives available at (http://www.epa.gov/snap/).
"Hydrofluorocarbons" means compounds that only contain hydrogen, fluorine, and carbon.
"Ozone-depleting substance," means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as-
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;
DJU6200008995 PAGE 16 OF 24
or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:
Warning
Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
* The Contractor shall insert the name of the substance(s).
(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall-
(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by-
(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.);
(ii) Contract number; and
(iii) Equipment/appliance;
(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after-
(i) Annually by November 30 of each year during contract performance; and
(ii) At the end of contract performance.
(d) The Contractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives.
The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap.
(End of clause)
52.229-3 Federal, State, and Local Taxes. (Feb 2013);
52.232-18, Availability of Funds (APR 1984);
52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004);
52.246-15, Certificate of Conformance (APR 1984)
With the original invoice, the vendor will furnish the original Certificate of Conformance that will be signed by the person who has certification authority with their title and position included. A copy of this Certificate of
Conformance and the packing slip will accompany each shipment. The furnishing of the Certificate of Conformance will be a condition of acceptance at destination and payment will not be made until it is received. Inspection and acceptance will be by FPI/UNICOR.
DJU6200008995 PAGE 17 OF 24
Awardee must maintain documented evidence that demonstrates the traceability of the materials that the Awardee provides for this contract/purchase order.
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