Draft_RFQ-Combined_Synopsis_Solicitation.docx

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Subpart 12.6, as supplemented, with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued.

2. Solicitation number FA2487-18-Q-0001 is issued as a Request for Quotation (RFQ). The Government intends to issue multiple indefinite delivery indefinite quantity contracts under this solicitation. However, the Government reserves the right to change the total number of contracts awarded (to include no award). The Government reserves the right to cancel this RFQ either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse any quoter for any incurred costs. In accordance with (IAW) AFFARS Mandatory Procedure MP5316.504 an order shall be made at the time of award of an Indefinite Quantity contract.

3. This solicitation incorporates provisions and clauses in effect through Federal Acquisition circular 2005-95, DFARS Change Notice 20161222, and AFAC 2017-1003.

4. This acquisition is a 100% Small Business set-aside competitive acquisition in accordance with FAR 19.502-2. Interested vendors shall refer any and all eligibility questions to their respective Business Development Specialist at their respective servicing SBA District Office. The associated NAICS is 334511, Search, Detection, Navigation, Guidance, Aeronautical, And Nautical System And Instrument Manufacturing with a size standard of 1,250 employees.

5. The following is the Contract Line Item Number (CLIN) structure for this acquisition:

6. Description of Requirement: The contractor shall provide Cockpit Control Display Units, unit components, upgrades, repairs, and technical support equipment in accordance with the Statement of Work (SOW) included in the basic contract. The particular requirement specifications will be determined in the individual delivery/task orders.

7. Ordering Period: 5 Years from date of award. Delivery location and acceptance will be addressed at the delivery order level.

8. The provision at FAR 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition and includes addenda.

9. The provision at FAR 52.212-2, Evaluation -- Commercial Items, applies to this acquisition.

10. Quoters are required to include a completed copy of the provisions at FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items to include FAR 52.212-3 Alt I, with their quotation. Quoters shall complete only paragraphs (b) of this provision if they have completed the annual representations and certificates electronically via https://www.sam.gov. If a quoter has not completed the annual representations and certifications electronically at the SAM website, they shall complete only paragraphs (c) through (o) of this provision. In addition to FAR 52.212-3 and it’s alternate I, a completed copy of provisions FAR 52.209-7 shall be included with their quotation.

11. The clause at FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition including Addendum to FAR 52.212-4.

12. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. Clauses selected within the clause FAR 52.212-5 are applicable to this acquisition.

13. Additional contract requirement(s) or terms and conditions: None

14. Defense Priorities and Allocations System (DPAS) and assigned rating: DO-A7

15. Complete quotation is due NLT the date and time specified by the FedBizOps posting.

16. Please contact Mr. Nick Griswold at nicholas.griswold.2@us.af.mil, 850-883-1003 for information regarding this solicitation or to coordinate for hand delivery. The envelope used in submitting your quotation must be clearly marked with the solicitation number, date, and local time set for solicitation closing. NOTE: It is imperative that deliveries by commercial carrier, e.g. Federal Express, DHL, UPS, etc., identify the contents as a quotation.

Ship quotation to:

AFTC/PZIE

ATTN: Margaret Santos 308 West D Avenue, Building 260, STE 217

EGLIN AFB, FL 32542

NOTE: The Technical Requirements Documents are exclusively available to DoD contractors certified under the Defense Logistic Agencies (DLA) Joint Certification Program (JCP). Certification under the JCP establishes the eligibility of a U.S. or Canadian contractor to technical data governed, in the U.S., by DoD Directive 5230.25 and, in Canada, by the Technical Data Control Regulations (TDCR). A certification is required by U.S. or Canadian contractors that wish to obtain access to unclassified technical data disclosing militarily critical technology with military or space application that is under the control of, or in the possession of the U.S. Department of Defense (DoD) or the Canadian Department of National Defence (DND). Contractors must submit a DD Form 2345 to the U.S./Canada Joint Certification Office, along with a copy of the company's State/Provincial License, Incorporation Certificate, Sales Tax Identification Form or other documentation which verifies the legitimacy of the company. For a copy of the technical documents, please email the point of contact identified below with proof of certification. Address any questions, clarifications or concerns you may have via email to: Nick Griswold, nicholas.griswold.2@us.af.mil.

CLAUSES INCORPORATED BY REFERENCE

The full text of a provision or clause incorporated by reference may be accessed electronically at the Air Force FAR Site: http://farsite.hill.af.mil/

CLAUSES INCORPORATED BY FULL TEXT

NOTE: Addendums are identified by underlined text.

FAR 52.212-1 ADDENDUM TO INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN 2017)

To assure timely and equitable evaluation of quotations, quoters must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in a quotation being ineligible for award. Quoters must clearly identify any exceptions to the solicitation terms and conditions and provide complete accompanying rationale. The Government will make the selection based on best value, where best value is defined as the lowest priced quotation that has been rated as acceptable during the technical evaluation.

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in paragraph 4 above. However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotations. Submit quotations, to include all fill-in clauses to the office specified in this solicitation at or before the exact time specified in this solicitation. The quoter shall provide two (2) printed copies and one (1) digital copy (Compact Disc (CD) or Digital Versatile Disc (DVD)) of their quotation. Flash drives are not acceptable. Only 8 ½ x 11 inch pages are acceptable. Text font shall be no less than 8 point. Company proprietary information notices should be placed on top and/or bottom margins. Elaborate formats, bindings or color presentations are not desired or required. Digital copies shall be in a format readable by Microsoft (MS) Word 2003 (or higher), Adobe PDF, or MS Excel 2003 (or higher). In case of conflict between the paper copy and the electronic copy of the quotations submitted, the paper copy shall take precedence.

As a minimum, quoters must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotations;

(3) The name, address, and telephone number of the quoter;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary. The purpose of the technical factor is to assess the proposed approach, as detailed in its quotation, to satisfy the Government’s requirements outlined in the Statement of Work (SOW)(Attachment 1) and Technical Requirements Document (TRD)(Attachment 2). The quotation will be evaluated against the criteria identified in FAR Clause 52.212-2 - Evaluation -- Commercial Items to determine whether the quotation is Acceptable or Unacceptable. The purpose of the Acceptance Test Plan (ATP)(Attachment 5) is to determine whether the proposed CCDU meets the requirements and specifications stated in the Initial Delivery Order TRD (Attachment 4). The ATP establishes test steps and procedures and pass/fail criteria for each specific requirement to be utilized during the CCDU demonstration performed by the Government. The ATP is provided to allow the quoter to perform this functionality test prior to the submission of their quotation. In order for the ATP to be performed an Ethernet Serial Instrumentation Remote (ESIR) simulator software program will need to be used. The Government has developed this software program to conduct the CCDU demonstration during evaluation. The Government will provide, at the quoters request, the software program to simulate communication between the CCDU and an ESIR. The software program will only be provided to quoters that are certified under the DLA Joint Certification Program and have requested the technical documents associated with this requirement (Attachments 2, 4, and 5). For a copy of the technical documents and the ESIR simulator software program, please email the point of contact identified below with proof of certification. Address any questions, clarifications or concerns you may have via email to: Nick Griswold, nicholas.griswold.2@us.af.mil.

The technical portion of the quotation shall include:

i. Technical narrative demonstrating the quoter’s ability to meet the Government’s need as outlined in the SOW and the TRD. This narrative should also include the results of the functionality testing conducted by the quoter prior to the submission of their quotation. The completed ATP document shall be used to provide such testing results and comments.

ii. Mechanical Interface Control Documents. AS SPECIFIED IN THE SOW

iii. Electrical Interface Control Documents. AS SPECIFIED IN THE SOW

iv. Test Data Reports in accordance with MIL-STD-810 and MIL-STD-461. The test data report(s) provided shall support the assertions made within the ATP. AS SPECIFIED IN THE Initial Delivery Order TRD and SOW

v. A fully operational CCDU (Configuration 5.750-3.600-4.500-1-A) IAW the specifications of the Initial Delivery Order TRD (Attachment 4) to include all O&M Manuals, software and interface cables and packaging. The CCDU provided with the quotation will undergo testing conducted by the Government. The ATP provides the test steps and procedures and pass/fail criteria for the Government to use for evaluating the proposed unit. The contractor’s presence at the ATP testing will not be permitted.

(5) Terms of any express warranty. The Government requests the activation of the warranty term for each individual item become effective upon installation into an aircraft;

(6) Price and any discount terms. The quoter shall provide a price quotation for the individual CCDU (Configuration 5.750-3.600-4.500-1-A) specified in the Initial Delivery Order TRD. The Government intends on awarding IDIQ contracts to multiple vendors, up to four (4). Therefore, the quoter is encouraged to provide the best pricing possible. Each awarded contract will incorporate a minimum order of one (1) CCDU. AFFARS Mandatory Procedure MP5316.504 mandates the minimum order be satisfied at the time of the award of the basic IDIQ. Therefore, each awarded basic IDIQ contract will be accompanied by the initial delivery order. Initial delivery orders will be as follows:

· All Awardees will receive an initial order of one (1) CCDU.

(7) "Remit to" address, if different than mailing address; distributed

(8) A completed copy of the representations and certifications at FAR 52.212-3 and FAR 52.209-7 (See paragraph 10 of the combined synopsis/solicitation);

(9) Acknowledgment of Solicitation Amendments;

(10) RESERVED; and

(11) The quotation shall include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quoters that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) RESERVED

(d) Product samples. Product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government. All sample items will be returned to the sender at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) RESERVED

(f) Late submissions, modifications, revisions, and withdrawals of quotations.

(1) Quoters are responsible for submitting quotations, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

(2)

(i) Any quotation, modification, revision, or withdrawal of a quotation received at the Government office designated in the solicitation after the exact time specified for receipt is "late" and may not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

(3) RESERVED

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) RESERVED

(g) Contract award. The Government intends to evaluate quotations and award a contract based on initial quotations received. Therefore, the initial quotation should contain the best terms from a price and technical standpoint. The contracting officer will not establish a competitive range, conduct discussions, or otherwise use the procedures described at FAR 15.306. The Government may reject any or all quotations if such action is in the public interest.

(h) Multiple awards. The Government intends to issue multiple indefinite delivery indefinite quantity contracts under this solicitation. However, the Government reserves the right to change the total number of contracts awarded (to include no award). The Government reserves the right to delay award to any or all potential awardees if it is in the best interest of the Government to do so.

(i) Availability of requirements documents cited in the solicitation.

(1) RESERVED

(2) RESERVED

(3) RESERVED

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the quoter's name and address. The quoter also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the quoter to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the quoter does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The quoter should indicate that it is a quoter for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quote, the quoter acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through <https://www.acquisition.gov> .

(1) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on award(s) resulting from this solicitation from the contracting officer.

FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

Reference FAR 52.212-2, paragraph (a) is hereby tailored as follows:

(a) The Government intends on awarding no more than four (4) multiple IDIQ contracts resulting from this RFQ to the responsible quoter(s) determined to be technically acceptable and quotes the lowest price. The following factors will be used to evaluate quotes:

(1) Price

(2) Techinal If five (5) or more quotes are received, the Government will evaluate the first four (4) lowest priced quotes for technical acceptability. If the Government determines the first four (4) lowest priced quotes technically acceptable, the evaluation will stop, award will be made, and all remaining quotes will not be evaluated. If additional quotes are evaluated for technical acceptability, they will be evaluated in the order of increasing total evaluated price.

The evaluation process shall proceed as follows:

1. PRICE:

· The Government intends to rely on the comparison of the proposed prices to satisfy the requirement to perform price analysis. However, if the Government determines further analysis is necessary, price analysis will be conducted IAW FAR 13.106-3. Pricing that is determined to be unreasonable may not be considered for award.

2. TECHNICAL ACCEPTABILITY. The government technical evaluation team will evaluate the quotations on a pass/fail basis, assigning ratings of Acceptable or Unacceptable. The quotations shall be evaluated as follows:

· The technical proposal narrative will be evaluated for the quoters demonstrated ability to meet the Government’s need as outlined in the SOW and TRD.

Measure of Merit: This requirement is met when the technical narrative demonstrates the quoter has the technical capability to meet the Government’s need IAW the SOW and TRD.

· The Mechanical ICD will be evaluated for each configuration IAW the Initial Delivery Order TRD and SOW.

Measure of Merit: This requirement is met when the Mechanical ICD meets 100% compliance with the Initial Delivery Order TRD and SOW.

· The Electrical ICD will be evaluated for each configuration IAW the Initial Delivery Order TRD and SOW.

Measure of Merit: This requirement is met when the Electrical ICD meets 100% compliance with the Initial Delivery Order TRD and SOW.

· The Test Data Report(s) will be evaluated for information validating the adherence to MIL-STD-810, MIL-STD-461, the TRD and SOW.

Measure of Merit: This requirement is met when the Test Data Reports displays 100% compliance with the MIL-STD-810, MIL-STD-461, the TRD and SOW.

· The CCDU will be evaluated for configuration IAW the Initial Delivery Order TRD, SOW, and the Mechanical and Electrical ICDs proposed by the quoter.

Measure of Merit: This requirement is met when the CCDU meets 100% compliance with the TRD and SOW.

· The Government will conduct a demonstration test of the fully operational CCDU submitted in response to this solicitation. The Government will utilize the procedures identified ATP.

Measure of Merit: This requirement is met when the CCDU meets all thresholds of the ATP.

FAR 52.212-4 ADDENDUM TO CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

52.212-4, Contract Terms and Conditions -- Commercial Items is hereby tailored as follows:

(a) The place of inspection, acceptance, and FOB is DESTINATION, Eglin AFB, FL.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2017)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (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 (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] _X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

_X__ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

_X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not

_X__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

_X__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

___ (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.)

___ (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 Television (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 (Dec 2007) (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 (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (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

___ (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.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (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,

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United

___ (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) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

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

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, 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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 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.)

(xiv) 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)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

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

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

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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)

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 CCDU, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $1,000,000.00;

(2) Any order for a combination of items in excess of $4,999,999.00; or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 (insert number of days) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after or beyond the final delivery date established on the last delivery order.

DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(a) Definitions. As used in this clause—

“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

“Concatenated unique item identifier” means—

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

“DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.

“Government’s unit acquisition cost” means—

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.

“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.

“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

“Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

(b) The Contractor shall…