DRAFT Solicitation 70FB7020R00000010 MHU 2020 08-06-2020.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

1 65

2. CONTRACT NO. 3. AWARD/

EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

70FB7020R00000010

6. SOLICITATION

ISSUE DATE

08/XX/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Jason Morgan

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/LOCAL TIME

XX/XX/2020 1700 ES

9. ISSUED BY CODE FEMA HQ 10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE:

% FOR:

FEMA HQ X SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

FEDERAL EMERGENCY MANAGEMENT AGENCY

OFFICE OF CHIEF PROCUREMENT OFFICE

HUBZONE SMALL

BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

NAICS:321991

500 C STREET SW

3RD FLOOR

WASHINGTON DC 20472

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

SIZE STANDARD: 500

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

13b. RATING

14. METHOD OF SOLICITATION

X SEE SCHEDULE

15. DELIVER TO

Multiple Destinations

CODE

DPAS (15 CFR 700)

16. ADMINISTERED BY

RFQ IFB

X RFP

17a. CONTRACTOR/

OFFEROR

FACILITY

18a. PAYMENT WILL BE MADE BY

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

19.

20.

IS CHECKED

21.

SEE ADDENDUM

22.

23.

24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES

This solicitation is for the contemplated indefinite-delivery, indefinite-quantity contract for FEMA Next Generation (Next Gen) Manufactured Housing Units (MHU) (Next Gen MHU). This requirement is full and open with a partial small business set-aside.

Below is the contemplated line item schedule.

Detailed information and designs for these items are included in the solicitation attachments.

QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

X ARE

ARE

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (REV. 2/2012) Prescribed by GSA - FAR (48 CFR) 53.212

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: 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 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

Angelina Bachemin 31c. DATE SIGNED

SECTION A - Section A

Section A Continuation of SF1449 - Line Item Schedule SECTION B - Supplies or Services/Prices SECTION C - Contract Clauses

52.209-4 First Article Approval - Government Testing. (SEP 1989) - Alternate I (JAN 1997) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018) 52.211-11 Liquidated Damages - Supplies, Services, or Research and Development. (SEP 2000) 52.211-16 Variation in Quantity. (APR 1984) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (JUN 2020) 52.216-18 Ordering. (OCT 1995) 52.216-19 Order Limitations. (OCT 1995) 52.216-22 Indefinite Quantity. (OCT 1995) 52.216-24 Limitation of Government Liability. (APR 1984) 52.216-32 Task-Order and Delivery-Order Ombudsman. (SEP 2019) 52.217-6 Option for Increased Quantity. (MAR 1989) 52.217-7 Option for Increased Quantity - Separately Priced Line Item. (MAR 1989) 52.217-8 Option to Extend Services. (NOV 1999) 52.246-18 Warranty of Supplies of a Complex Nature. (MAY 2001) 52.246-19 Warranty of Systems and Equipment under Performance Specifications or Design Criteria. (MAY 2001) 3052.209-70 Prohibition on contracts with corporate expatriates. (JUN 2006) 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items. (SEP 2012)

SECTION D - List of Documents, Exhibits and Other Attachments SECTION E - Solicitation Provisions

52.212-2 Evaluation - Commercial Items. (OCT 2014) 52.212-3 Offeror Representations and Certifications-Commercial Items. (JUN 2020) 52.216-27 Single or Multiple Awards. (OCT 1995) 52.233-2 Service of Protest. (SEP 2006) 52.212-1 Instructions to Offerors-Commercial Items Addendum 52.212-2 Addendum

SECTION A - Section A

Section A

Continuation of SF1449 - Line Item Schedule

Item/Sub Number Description Quantity Unit of Issue Unit Price Total Item Amount

NextGen Express One Bedroom - 8’ X 48’ Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

EA

NextGen 14 Ft Wide One Bedroom - 13’6” X 42’8” Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

NextGen 14 Ft Wide Two Bedroom - 3’6” X 50’8” Unit supplied shall be in accordance with

NextGen 14 Ft Wide Three Bedroom - 13’6” X 68’ Unit supplied shall be in accordance with

FIRST ARTICLE - NextGen Express One Bedroom - 8’ X 48’ This CLIN is for the supply of one unit to FEMA for First Article Testing and Inspection to be conducted at the contractor's facility. The characteristics that the First Article shall meet are specified in the SOW. The contractor shall deliver first article units as detailed in Attachment 8 – First Article Inspection Checklist. Unit supplied shall be in accordance with statement of work and all applicable contract specifications and attachments.

FIRST ARTICLE - NextGen 14 Ft Wide Two Bedroom - 3’6” X 50’8” This CLIN is for the supply of one unit to FEMA for First Article Testing and Inspection to be conducted at the contractor's facility. The characteristics that the First Article shall meet are specified in the SOW. The contractor shall deliver first article units as detailed in Attachment 8 – First Article Inspection Checklist. Unit supplied shall be in accordance with statement of work and all

FIRST ARTICLE - NextGen 14 Ft Wide Three Bedroom - 13’6” X 68’ This CLIN is for the supply of one unit to FEMA for First Article Testing and Inspection to be conducted at the contractor's facility. The characteristics that the First Article shall meet are specified in the SOW. The contractor shall deliver first article units as detailed in Attachment 8 – First Article Inspection Checklist. Unit supplied shall be in accordance with statement of work and all

Unit Delivery - Selma, AL Delivery of MHU from contractor production facility to the FEMA Staging Yard in Selma, AL. Delivery shall be in accordance with contract requirements and statement of work.

Item/Sub Number Description Quantity Unit of Issue Unit Price Total Item Amount

Unit Delivery - Cumberland, MD Delivery of MHU from contractor production facility to the FEMA Staging Yard in Cumberland, MD.

Delivery shall be in accordance with contract requirements and statement of work.

Unit Delivery - CONUS Delivery of MHU from contractor production facility to FEMA designated locations, excluding the FEMA staging facilities in Selma, AL and Cumberland, MD. CONUS delivery under this CLIN shall be priced on a cost per mile basis. Delivery shall be in accordance with contract requirements and statement of work.

DH

Additional/Accessory Material - Additional materials, as described in the attached Pricing Worksheet. Pricing information for items under this CLIN shall be included in the attached Pricing Worksheet for Contractors, Attachment XX of the solicitation. Items delivered under this CLIN will be detailed and ordered via delivery order, either as part of a FEMA order for MHUs, or as a standalone order.

LO

SECTION B - Supplies or Services/Prices 42

TITLE: Next Generation Manufactured Housing Unit 43

B.1 Agency/Office: 44

Federal Emergency Management Agency (FEMA) 45

B.2 Description of Requirement: 46

Next Generation (NexGen) Manufactured Housing Units (MHU) - The Contractor shall manufacture 47 the MHUs in accordance with the following attachments MHU Statement of Work, Attachment 2, 48 and the FEMA provided Design Packages and related appendices Attachment 3. 49

B.3 Price/Cost Schedule 50

The items contained in the price lists and the schedule of this contract are the items that the 51 Government will purchase under this IDIQ. Items may be added to the lists by mutual agreement 52 of the parties. 53

See Attachment 1, NextGen MHU Pricing Spreadsheet 54

B.4 Period of Performance 55

The period of performance and unit delivery requirements shall be stated on individual task orders. 56 The ordering period of the basic contract shall be five (5) years from date of award. 57

B.5 PRINCIPAL PLACE OF PERFORMANCE 58

The performance of the work for the contract shall commence at the Contractor’s facility, with 59 delivery to locations specified in the contract and delivery orders. 60

FEMA will facilitate the contractor’s access to FEMA facilities in order for the contractor to provide 61 staff at the receiving locations. 62

B.6 Identification of Government Officials 63

B.6.1 Government Officials Assigned to this Contract: 64

Primary FEMA Contracting Officers: 65

Angelina Bachemin; Contracting Officer; angelina.bachemin@fema.dhs.gov 66 Jason Morgan; Contracting Officer; jason.morgan@fema.dhs.gov 67 Venus Griffin; Contracting Officer; venus.griffin@fema.dhs.gov 68

Contracting Officer’s Representative: 69

Edward Taylor; Contracting Officer’s Representative; edward.taylor@fema.dhs.gov 70

B.6.2 Invoice Approval 71 mailto:angelina.bachemin@fema.dhs.gov mailto:n@fema.dhs.gov mailto:jason.morgan@fema.dhs.gov mailto:venus.griffin@fema.dhs.gov mailto:edward.taylor@fema.dhs.gov mailto:or@fema.dhs.gov

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated 72 authority to accept goods and services and to review and approve invoices for this contract: 73

Authorized Invoice Approver: 74

Name: Edward Taylor 75 Title: Contracting Officer’s Representative 76 Phone: 202.212.1066 77 Email: edward.taylor@fema.dhs.gov 78

B.7 Invoice Instructions 79

Invoices/vouchers shall be submitted to Finance-Vendor-Payments@fema.dhs.gov, and shall be 80 submitted in accordance with the requirements of FAR 52.212-4. 81

B.8 Statement Of Work 82

See attached Statement of Work and Design Package, along with documents, designs, and 83 specifications referenced therein, listed in Section D - List of Documents, Exhibits and Other 84 Attachments. 85

B.9 Correspondence Procedures 86

To promote timely and effective administration, correspondence (except for invoices and reports) 87 submitted under this contract is subject to the following procedures: 88

(a) Subject Line(s) - All correspondence should contain a subject line, commencing with 89 the contract number and subject matter. An example is illustrated below: 90

SUBJECT: CONTRACT NO. (70FB7020R00000010), REQUEST FOR SUBCONTRACT CONSENT. 91

(b) Technical Correspondence - Technical correspondence (as used herein, this term excludes 92 correspondence where patent or proprietary data issues are involved or correspondence which 93 proposes or otherwise involves waivers, deviations, or modifications to the requirements, terms, or 94 conditions of this contract) should be addressed to the Contracting Officer , with an information 95 copy of the correspondence to the Contracting Officer Representative (COR). 96 mailto:edward.taylor@fema.dhs.gov mailto:or@fema.dhs.gov mailto:Finance-Vendor-Payments@fema.dhs.gov

SECTION C - Contract Clauses FAR 52.212-4 Addendum 98

52.203-3 Gratuities. (APR 1984) 99

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) 100

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of 101 Whistleblower Rights. (JUN 2020) 102

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 103

52.204-13 System for Award Management Maintenance. (OCT 2018) 104

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services 105 or Equipment. (AUG 2019) 106

52.211-15 Defense Priority and Allocation Requirements. (APR 2008) 107

52.211-17 Delivery of Excess Quantities. (SEP 1989) 108

52.222-3 Convict Labor. (JUN 2003) 109

52.222-19 Child Labor - Cooperation with Authorities and Remedies. (JAN 2020) 110

52.223-6 Drug-Free Workplace. (MAY 2001) 111

52.229-3 Federal, State, and Local Taxes. (FEB 2013) 112

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 113

52.242-13 Bankruptcy. (JUL 1995) 114

52.242-15 Stop-Work Order. (AUG 1989) 115

52.246-2 Inspection of Supplies - Fixed-Price. (AUG 1996) 116

52.246-16 Responsibility for Supplies. (APR 1984) 117

52.209-4 First Article Approval - Government Testing. (SEP 1989) - Alternate I (JAN 1997) 118

(Contracting Officer shall insert details) 119

(a) The Contractor shall deliver (Refer to SOW) unit(s) of Lot/Item (Refer to SOW) within 120 (Refer to SOW) calendar days from the date of this contract to the Government at (Refer to SOW) for 121 first article tests. The shipping documentation shall contain this contract number and the Lot/Item 122 identification. The characteristics that the first article must meet and the testing requirements are 123 specified elsewhere in this contract. 124

(b) Within 5 calendar days after the Government receives the first article, the Contracting 125 Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of 126 the first article. The notice of conditional approval or approval shall not relieve the Contractor from 127 complying with all requirements of the specifications and all other terms and conditions of this 128 contract. A notice of conditional approval shall state any further action required of the Contractor. A 129 notice of disapproval shall cite reasons for the disapproval. 130

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit 131 an additional first article for testing. After each request, the Contractor shall make any necessary 132 changes, modifications, or repairs to the first article or select another first article for testing. All 133 costs related to these tests are to be borne by the Contractor, including any and all costs for 134 additional tests following a disapproval. The Contractor shall furnish any additional first article to 135 the Government under the terms and conditions and within the time specified by the Government. 136 The Government shall act on this first article within the time limit specified in paragraph (b) 137 above. The Government reserves the right to require an equitable adjustment of the contract price 138 for any extension of the delivery schedule or for any additional costs to the Government related to 139 these tests. 140

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer 141 disapproves any first article, the Contractor shall be deemed to have failed to make delivery 142 within the meaning of the Default clause of this contract. 143

(e) Unless otherwise provided in the contract, the Contractor- 144

(1) May deliver the approved first article as a part of the contract quantity, provided it 145 meets all contract requirements for acceptance and was not consumed or destroyed in testing; 146 and 147

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's 148 expense. 149

(f) If the Government does not act within the time specified in paragraph (b) or (c) above, 150 the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust 151 under the Changes clause of this contract the delivery or performance dates and/or the contract 152 price, and any other contractual term affected by the delay. 153

(g) The Contractor is responsible for providing operating and maintenance instructions, 154 spare parts support, and repair of the first article during any first article test. 155

(h) Before first article approval, the acquisition of materials or components for, or the 156 commencement of production of, the balance of the contract quantity is at the sole risk of the 157 Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for 158

(1) progress payments, or (2) termination settlements if the contract is terminated for the 159 convenience of the Government. 160

(i) The Government may waive the requirement for first article approval test where supplies 161 identical or similar to those called for in the schedule have been previously furnished by the 162 Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request 163 a waiver. 164

(j) The Contractor shall produce both the first article and the production quantity at the same facility. 165

(End of clause) 166

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018) 167

(a) The Contractor shall update the information in the Federal Awardee Performance and 168 Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the 169 contract, by posting the required information in the System for Award Management via 170 https://www.sam.gov. 171

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 172 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance 173 reviews, will be publicly available. FAPIIS consists of two segments- 174

(1) The non-public segment, into which Government officials and the Contractor post 175 information, which can only be viewed by-- 176

(i) Government personnel and authorized users performing business on behalf of the Government; or 177

(ii) The Contractor, when viewing data on itself; and 178

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is 179 automatically transferred after a waiting period of 14 calendar days, except for- 180

(i) Past performance reviews required by subpart 42.15; 181

(ii) Information that was entered prior to April 15, 2011; or 182

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the 183 Government official who posted it in accordance with paragraph (c)(1) of this clause. 184

(c) The Contractor will receive notification when the Government posts new information to the 185 Contractor's record. 186

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who 187 posted the information, that some of the information posted to the non-public segment of FAPIIS is 188 covered by a disclosure exemption under the Freedom of Information Act, the Government official 189 who posted the information must within 7 calendar days remove the posting from FAPIIS and 190 resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting 191 the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar 192 days of the posting to FAPIIS. 193

(2) The Contractor will also have an opportunity to post comments regarding information that 194 has been posted by the Government. The comments will be retained as long as the associated 195 information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of 196 the record unless the Contractor revises them. 197

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or 198 after April 15, 2011, except past performance reviews, will be publicly available. 199

(d) Public requests for system information posted prior to April 15, 2011, will be handled 200 http://www.sam.gov/ under Freedom of Information Act procedures, including, where appropriate, procedures 201 promulgated under E.O. 12600. 202

(End of clause) 203

52.211-11 Liquidated Damages - Supplies, Services, or Research and Development. (SEP 2000) 204

(a) If the Contractor fails to deliver the supplies or perform the services within the time 205 specified in this contract, the Contractor shall, in place of actual damages, pay to the Government 206 liquidated damages of $120.00 multiplied by the total number of units to be delivered per calendar 207 day of delay until the units are delivered and accepted per calendar day of delay. 208

(b) If the Government terminates this contract in whole or in part under the Default - Fixed-209 Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the 210 Government reasonably obtains delivery or performance of similar supplies or services. These 211 liquidated damages are in addition to excess costs of repurchase under the Termination clause. 212

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or 213 performance is beyond the control and without the fault or negligence of the Contractor as defined in 214 the Default - Fixed-Price Supply and Service clause in this contract. 215

(End of clause) 216

52.211-16 Variation in Quantity. (APR 1984) 217

(a) A variation in the quantity of any item called for by this contract will not be accepted 218 unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in 219 manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below. 220

(b) The permissible variation shall be limited to: 221

(To be cited on individual orders) Percent increase 222

(To be cited on individual orders) Percent decrease 223

This increase or decrease shall apply to (To be cited on individual orders) 224

(End of clause) 225

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such 226 as (1) The total contract quantity, (2) Item 1 only, (3) Each quantity specified in the delivery schedule, 227

(4) The total item quantity for each destination, or (5) The total quantity of each item without regard 228 to destination. 229

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive 230 Orders - Commercial Items. (JUN 2020) 231

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, 232 which are incorporated in this contract by reference, to implement provisions of law or Executive orders 233 applicable to acquisitions of commercial items: 234

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 235 (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations 236 Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended 237 in continuing resolutions)). 238

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or 239 Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). 240

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance 241 Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). 242

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 243

52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 244

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 245 108-78 (19 U.S.C. 3805 note)). 246

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the 247 Contracting Officer has indicated as being incorporated in this contract by reference to implement 248 provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting 249 Officer check as appropriate.) 250

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 251 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). 252

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). 253

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 254 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and 255 Reinvestment Act of 2009.) 256

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. 257 L. 109-282) (31U.S.C. 6101 note). 258

(5) (Reserved) 259

[X] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of 260 Div. C). 261

[X] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) 262 (Pub. L. 111-117, section 743 of Div. C). 263

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, 264 Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note). 265

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 266

(41 U.S.C. 2313). 267

[ ] (10) (Reserved) 268

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (MAR 2020) (15 U.S.C. 657a). 269

[ ] (ii) Alternate I (MAR 2020) of 52.219-3. 270

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 271 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). 272

[ ] (ii) Alternate I (MAR 2020) of 52.219-4. 273

[ ] (13) (Reserved) 274

[ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). 275

[ ] (ii) Alternate I (MAR 2020). 276

[X] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). 277

[ ] (ii) Alternate I (MAR 2020) of 52.219-7. 278

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)). 279

[X] (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)). 280

[ ] (ii) Alternate I (NOV 2016) of 52.219-9. 281

[ ] (iii) Alternate II (NOV 2016) of 52.219-9. 282

[ ] (iv) Alternate III (JUN 2020) of 52.219-9. 283

[ ] (v) Alternate IV (JUN 2020) of 52.219-9. 284

[X] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). 285

[ ] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)). 286

[X] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). 287

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 288

U.S.C. 657f). 289

[ ] (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C. 290

632(a)(2)). 291

[ ] (ii) Alternate I (MAR 2020) of 52.219-28. 292

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-293 Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)). 294

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business 295 Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)). 296

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). 297

[ ] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)). 298

[X] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). 299

[X] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126). 300

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). 301

[X] (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). 302

[ ] (ii) Alternate I (FEB 1999) of 52.222-26. 303

[X] (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). 304

[ ] (ii) Alternate I (JUL 2014) of 52.222-35. 305

[X] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). 306

[ ] (ii) Alternate I (JUL 2014) of 52.222-36. 307

[X] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). 308

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 309 (E.O. 13496). 310

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). 311

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). 312

[ ] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the 313 acquisition of commercially available off-the-shelf items or certain other types of commercial items as 314 prescribed in 22.1803.) 315

[ ] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 316 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf 317 items.) 318

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of 319 commercially available off-the-shelf items.) 320

[X] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons 321

(JUN 2016) (E.O. 13693). 322

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air 323 Conditioners (JUN 2016) (E.O. 13693). 324

[ ] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 325

13514). 326

[ ] (ii) Alternate I (OCT 2015) of 52.223-13. 327

[ ] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). 328

(ii) Alternate I (JUN 2014) of 52.223-14. 329

[X] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). 330

[ ] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 331

13423 and 13514). 332

[ ] (ii) Alternate I (JUN 2014) of 52.223-16. 333

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 334

(E.O. 13513). 335

[X] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). 336

[X] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). 337

[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). 338

[ ] (ii) Alternate I (JAN 2017) of 52.224-3. 339

[ ] (48) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83). 340

[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 341 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, 342 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. 343

[ ] (ii) Alternate I (MAY 2014) of 52.225-3. 344

[ ] (iii) Alternate II (MAY 2014) of 52.225-3. 345

[ ] (iv) Alternate III (MAY 2014) of 52.225-3. 346

[ ] (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 347

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and 348 statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 349

[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) 350 (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 351

Note). 352

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). 353

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 354

U.S.C. 5150). 355

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020). 356

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 357

U.S.C. 2307(f)). 358

[ ] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 359

2307(f)). 360

[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 361 U.S.C. 3332). 362

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 363 2013) (31 U.S.C. 3332). 364

[ ] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). 365

[X] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). 366

[ ] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). 367

[ ] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. 368 Appx. 1241(b) and 10 U.S.C. 2631). 369

[ ] (ii) Alternate I (APR 2003) of 52.247-64. [ ] (iii) Alternate II (FEB 2006) of 52.247-64. 370

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable 371 to commercial services, that the Contracting Officer has indicated as being incorporated in this 372 contract by reference to implement provisions of law or Executive orders applicable to 373 acquisitions of commercial items: (Contracting Officer check as appropriate.) 374

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). 375

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 376 U.S.C. chapter 67). 377

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple 378 Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 379

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 380 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). 381

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for 382 Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 383 67). 384

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for 385 Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67). 386

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). 387

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). 388

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). 389

(d) Comptroller General Examination of Record. The Contractor shall comply with the 390 provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess 391 of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 392 and does not contain the clause at 52.215-2, Audit and Records - Negotiation. 393

(1) The Comptroller General of the United States, or an authorized representative of the 394 Comptroller General, shall have access to and right to examine any of the Contractor's directly 395 pertinent records involving transactions related to this contract. 396

(2) The Contractor shall make available at its offices at all reasonable times the records, 397 materials, and other evidence for examination, audit, or reproduction, until 3 years after final 398 payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor 399 Records Retention, of the other clauses of this contract. If this contract is completely or partially 400 terminated, the records relating to the work terminated shall be made available for 3 years after any 401 resulting final termination settlement. Records relating to appeals under the disputes clause or to 402 litigation or the settlement of claims arising under or relating to this contract shall be made available 403 until such appeals, litigation, or claims are finally resolved. 404

(3) As used in this clause, records include books, documents, accounting procedures and 405 practices, and other data, regardless of type and regardless of form. This does not require the 406 Contractor to create or maintain any record that the Contractor does not maintain in the ordinary 407 course of business or pursuant to a provision of law. 408

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this 409 clause, the Contractor is not required to flow down any FAR clause, other than those in this 410 paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise 411 indicated below, the extent of the flow down shall be as required by the clause- 412

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). 413

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or 414 Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further 415 Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent 416 appropriations acts (and as extended in continuing resolutions)). 417

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or 418 Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). 419

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video 420 Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). 421

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and 422 (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except 423 subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) 424 on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts 425 that offer subcontracting opportunities. 426

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). 427

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). 428

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). 429

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). 430

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). 431

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 432 (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. 433

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). 434

(xiii) [X] (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and 435

E.O. 13627). 436

(xiv) [ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). 437

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for 438 Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67). 439

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for 440 Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67). 441

(xvii) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). 442

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). 443

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). 444

(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). 445

(B) Alternate I (JAN 2017) of 52.224-3. 446

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 447 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 448

2302 Note). 449

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 450 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. 451

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. 452 Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 453 52.247-64. 454

(2) While not required, the Contractor May include in its subcontracts for commercial items a minimal 455 number of additional clauses necessary to satisfy its contractual obligations. 456

(End of clause) 457

52.216-18 Ordering. (OCT 1995) 458

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance 459 of delivery orders or task orders by the individuals or activities designated in the Schedule. Such 460 orders may be issued for a period of five (5) years from date of award. Upon award any contract 461 resulting from this solicitation, firm dates, reflecting this period, shall be included in this clause. 462

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. 463 In the event of conflict between a delivery order or task order and this contract, the contract shall 464 control. 465

(c) If mailed, a delivery order or task order is considered "issued" when the Government 466 deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce 467 methods only if authorized in the Schedule. 468

(End of clause) 469

52.216-19 Order Limitations. (OCT 1995) 470

(a) Minimum order. When the Government requires supplies or services covered by this 471 contract in an amount of less than 20 of any combination of types of manufactured housing units, the 472 Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or 473 services under the contract. 474

(b) Maximum order. The Contractor is not obligated to honor- 475

(1) Any order for a single item in excess of 6000 units (2500 units small business); 476

(2) Any order for a combination of items in excess of 6000 units (2500 units small business); or 477

(3) A series of orders from the same ordering office within 30 days that together call for 478 quantities exceeding the limitation in subparagraph (b)(1) or (2) above. 479

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 480 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a 481 part of any one requirement from the Contractor if that requirement exceeds the maximum-order 482 limitations in paragraph (b) above. 483

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order 484 exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned 485 to the ordering office within 5 days after issuance, with 486 written notice stating the Contractor's intent not to ship the item (or items) called for and the 487 reasons. Upon receiving this notice, the Government may acquire the supplies or services from 488 another source. 489

(End of clause) 490

52.216-22 Indefinite Quantity. (OCT 1995) 491

(a) This is an indefinite-quantity contract for the supplies or services specified, and 492 effective for the period stated, in the Schedule. The quantities of supplies and services specified in 493 the Schedule are estimates only and are not purchased by this contract. 494

(b) Delivery or performance shall be made only as authorized by orders issued in accordance 495 with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the 496 supplies or services specified in the Schedule up to and including the quantity designated in the 497 Schedule as the maximum. The Government shall order at least the quantity of supplies or services 498 designated in the Schedule as the minimum. 499

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, 500 there is no limit on the number of orders that may be issued. The Government may issue orders 501 requiring delivery to multiple destinations or performance at multiple locations. 502

(d) Any order issued during the effective period of this contract and not completed within that 503 period shall be completed by the Contractor within the time specified in the order. The contract shall 504 govern the Contractor's and Government's rights and obligations with respect to that order to the same 505 extent as if the order were completed during the contract's effective period; provided, that the 506 Contractor shall not be required to make any deliveries under this contract after [insert date]. 507

(End of clause) 508

52.216-24 Limitation of Government Liability. (APR 1984) 509

(a) In performing this contract, the Contractor is not authorized to make expenditures or 510 incur obligations exceeding (To be determined on applicable delivery orders) dollars. 511

(b) The maximum amount for which the Government shall be liable if this contract is 512 terminated is (To be determined on applicable delivery orders) dollars. 513

(End of clause) 514

52.216-32 Task-Order and Delivery-Order Ombudsman. (SEP 2019) 515

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order 516 and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the 517 Contractor concerning all task-order and delivery-order actions for this contract and ensure the 518 Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the 519 procedures in the contract. 520

David Orris, David.Orris@fema.dhs.gov 521

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., 522 protests). 523

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address 524 complaints with the Contracting Officer for resolution. When requested by the Contractor, the 525 Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited 526 by law or agency procedure. 527

(End of clause) 528

52.217-6 Option for Increased Quantity. (MAR 1989) 529

The Government may increase the quantity of supplies called for in the Schedule at the unit price 530 specified. The Contracting Officer may exercise the option by written notice to the Contractor 531 within (To be cited on individual delivery orders, if applicable) . Delivery of the added items shall 532 continue at the same rate as the like items called for under the contract, unless the parties otherwise 533 agree. 534

(End of clause) 535

52.217-7 Option for Increased Quantity - Separately Priced Line Item. (MAR 1989) 536

The Government may require the delivery of the numbered line item, identified in the Schedule as an 537 option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may 538 exercise the option by written notice to the Contractor within (To be cited on individual delivery 539 orders, if applicable.). Delivery of added items shall continue at the same rate that like items are 540 called for under the contract, unless the parties otherwise agree. 541

(End of clause) 542

52.217-8 Option To Extend Services. (NOV 1999) 543

The Government may require continued performance of any services within the limits and at the rates 544 specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor 545 rates provided by the Secretary of Labor. The option provision may be exercised more than once, but 546 the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may 547 exercise the option by written notice to the Contractor within 5 days of contract expiration. 548

(End of clause) 549

52.246-18 Warranty of Supplies of a Complex Nature. (MAY 2001) 550

(a) Definitions. As used in this clause- 551

Acceptance means the act of an authorized representative of the Government by which the Government 552 assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves 553 specific services rendered, as partial or complete performance of the contract. 554 mailto:David.Orris@fema.dhs.gov

Supplies means the end items furnished by the Contractor and related services required under this 555 contract. The word does not include "data." 556

(b) Contractor's obligations. (1) The Contractor warrants that for 5 years all supplies 557 furnished under this contract will be free from defects in material and workmanship and will conform 558 with all requirements of this contract; provided, however, that with respect to Government-furnished 559 property, the Contractor's warranty shall extend only to its proper installation, unless the Contractor 560 performs some modification or other work on the property, in which case the Contractor's warranty 561 shall extend to the modification or other work. 562

(2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the 563 conditions of this clause to the same extent as supplies initially delivered. This warranty shall be 564 equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of 565 delivery of the corrected or replaced supplies. 566

(3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, 567 drawings, or other equipment or supplies necessary to accomplish the correction or replacement have 568 been made unavailable to the Contractor by action of the Government. In the event that correction or 569 replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in 570 writing, of the non-availability. 571

(4) The Contractor shall also prepare and furnish to the Government data and reports 572 applicable to any correction required (including revision and updating of all affected data called 573 for under this contract) at no increase in the contract price. 574

(5) When supplies are returned to the Contractor, the Contractor shall bear the transportation 575 costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the point 576 of acceptance) to the Contractor's plant and return. 577

(6) All implied warranties of…