Solicitation_Clause_TERMS_AND_CONDITIONS.pdf

TERMS AND CONDITIONS

52.204-19 Incorporation by Reference of Representations and Certifications As prescribed in 4.1202(b), insert the following clause.

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.252-4 Alterations in Contract As prescribed in 52.107(d), insert the following clause in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitation that apply after contract award, except for any clause authorized for use with a deviation. Include clear identification of what is being altered.

ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

(End of clause)

52.252-6 Authorized Deviations in Clauses As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(DEVIATION)” after the date of the clause.

AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any _____. [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items

As prescribed in 512.301(a)(1), insert the following clause:

CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS (OCT 2014)

(a) The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The clauses in paragraph (b) of this section are incorporated by reference:

(a) Provisions.

552.237-70 Qualifications of Offerors

(b) Clauses.

X 552.203-71 Restriction on Advertising

X 552.211-73 Marking

X 552.215-70 Examination of Records by GSA

552.215-71 Examination of Records by GSA (Multiple Award Schedule)

552.215-72 Price Adjustment—Failure to Provide Accurate Information

552.219-70 Allocation of Orders—Partially Set-Aside Items

X 552.228-70 Workers’ Compensation Laws

X 552.229-70 Federal, State, and Local Taxes

552.232-8 Discounts for Prompt Payment

X 552.232-23 Assignment of Claims

X 552.232-71 Adjusting Payments

X 552.232-72 Final Payment

552.232-73 Availability of Funds

X 552.232-78 Payment Information

X 552.237-71 Qualifications of Employees

552.238-71 Submission and Distribution of Authorized FSS Schedule Price List

552.238-74 Industrial Funding Fee and Sales Reporting

552.238-75 Price Reductions

552.242-70 Status Report of Orders and Shipments

552.243-72 Modifications (Multiple Award Schedule)

552.246-73 Warranty—Multiple Award Schedule

552.246-76 Warranty of Pesticides (End of clause)

Clauses Inserted by Reference:

52.203-5 Covenant Against Contingent Fees 52.203-7 Anti-Kickback Procedures (May 2014) 52.204-1 Approval of Contract (Dec 1989) 52.204-2 Security Requirements (Aug 1996) 52.204-13 System for Award Management Maintenance (Oct 2016) 52.207-3 Right of First Refusal of Employment (May 2006) 52.209-1 Qualification Requirements (Feb 1995) 52.212-1 Instructions to Offerors – Commercial Items (Apr 2014) 52.212-3 Offeror Representations and Certifications -- Commercial Items (Jan 2017) 52.212-4 Contract Terms and Conditions – Commercial Items (Jan 2017) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (Jan 2017) 52.222-17 Non-displacement of Qualified Workers (May 2014) 52.222-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (Feb 2013)

52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (Feb 2002) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-3 Protest after Award (Aug 1996) 52.333-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.245-1 Government Property (Jan 2017) 52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-25 Limitation of Liability-Services (Feb 1997) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 552.252-6 Authorized Deviations in Clauses (Sep 1999) 552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items (Jun

2016) Provisions Inserted by Text

52.204-3 Taxpayer Identification As prescribed in 4.905, insert the following provision:

TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

“Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

“Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(d) Taxpayer Identification Number (TIN).

□ TIN: ____________________________________.

□ TIN has been applied for.

□ TIN is not required because:

□ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

□ Offeror is an agency or instrumentality of a foreign government;

□ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

□ Sole proprietorship;

□ Partnership;

□ Corporate entity (not tax-exempt);

□ Corporate entity (tax-exempt);

□ Government entity (Federal, State, or local);

□ Foreign government;

□ International organization per 26 CFR 1.6049-4;

□ Other ___________________________________

(f) Common parent.

□ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

□ Name and TIN of common parent:

Name ___________________________________

TIN ____________________________________

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

(End of provision)

52.233-2 Service of Protest (Sep 2006) As prescribed in 33.106, insert the following provision:

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_1.html" \l "wp1090329”

SERVICE OF PROTEST (SEPT 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt Sue Saucier, Contracting Officer sue.saucier@gsa.gov.

Sue Saucier, Contract Officer General Services Administration (GSA), Public Buildings Service Service Branch 400 15th Street South West Auburn, WA 98001-6599

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) As prescribed in 52.107(a), insert the following provision:

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

[Insert one or more Internet addresses]

(End of provision)

52.252-3 Alterations in Solicitation (Apr 1984) As prescribed in 52.107(c), insert the following provision in solicitations in order to revise or supplement, as necessary, other parts of the solicitation that apply to the solicitation phase only, except for any provision authorized for use with a deviation. Include clear identification of what is being altered.

ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

(End of provision)

52.252-5 Authorized Deviations in Provisions (Apr 1984) As prescribed in 52.107(e), insert the following provision in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert “(DEVIATION)” after the date of the provision.

AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any ______________ [insert regulation name] (48 CFR Chapter ______) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of provision)

Provisions Inserted By Reference

52.203-11 Certification & Disclosure Regarding Payments to Influence Certain Federal Transactions

(Sep 2007) 52.204-5 Women-Owned Businesses (Other than Small Business) (Oct 2014) 52.204-6 Unique Entity Identifier (Oct 2016) 52.204-7 System for Award Management (Oct 2016) 52.215-1 Instruction to Offerors-Competitive (Jan 2017) 52.215-3 Request for Information or Solicitation for Planning Purposes (Oct 1997) 52.222-38 Compliance with Veterans’ Employment Reporting Requirements (Feb 2016) 52.222-46 Evaluation of Compensation for Professional Employees (Feb 1993)