COMBO_v1.pdf

Solicitation Number FA2823-19-Q-4010

Pool Filtration Installation Service

The Air Force Test Center, Installation Operational Contracting Division, Eglin AFB, FL intends to solicit and award a firm-fixed price (FFP) contract for the provision of a new pool filtration system with installation services at Eglin AFB, Florida. This is a combined synopsis/solicitation for commercial items prepared under Federal

Acquisition Regulation (FAR) Subpart 12.6 - Streamlined Procedures for Evaluation and Solicitation for

Commercial Items, and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a separate solicitation will not be issued.

All FAR references are based off of FAC 2019-01, Effective 20 Dec 2018.

Set-Aside notice. Who Can Participate? This combined synopsis/solicitation is issued under Request for Quotation number FA2823-19-Q-4010. The North American Industry Classification System (NAICS) code for this acquisition is 333318, with a small business size standard of 1,000 employees. Please identify your business size in your response based on this standard. This solicitation is a TOTAL SMALL BUSINESS SET ASIDE acquisition, pursuant to FAR 19.5.

Please review this solicitation in its entirety including solicitation attachments provided herein and submit an offer for the requested pool filtration system with installation services as outlined in attachment one (1) the Statement Of

Work (SOW); as indicated in this solicitation.

Specific instructions and instructions for submitting questions, responses, exceptions to terms and conditions, amendment acknowledgement, and discrepancies may be referenced at the Addendum to FAR 52.212-1 provided herein.

Table of Attachments:

Attachment Number

Description Date Number of Pages

1 Statement of Work 15 February 2019 5 pages

2 Vendor Price Schedule 25 February 2019 1 page

3 EAFB Form 90 25 February 2019 2 pages

4 Wage Determination 1 January 2019 11 pages

PROVISIONS AND CLAUSES

Provisions and Clauses Incorporated by Reference

CLAUSE NO. CLAUSE TITLE YEAR-MO

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09

252.203-7005 Representation Relating to Compensation of Former DoD Officials. As prescribed in

203.171-4(b), insert the following provision:

2011-11

252.204-7003 Control of Government Personnel Work Product. 1992-04

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. 2018-01

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06

252.225-7001 Buy American and Balance of Payments Program - Basic 2017-12

252.225-7048 Export-Controlled Items. 2013-06

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7001 Pricing of Contract Modifications. 1991-12

252.244-7000 Subcontracts for Commercial Items 2013-06

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation.

2017-01

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10

52.204-16 Commercial and Government Entity Code Reporting. 2016-07

52.204-18 Commercial and Government Entity Code Maintenance. 2016-07

52.204-19 Incorporation by Reference of Representations and Certifications 2014-12

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. 2016-06

52.204-22 Alternative Line Item Proposal. 2017-01

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities.

2018-07

52.204-7 System for Award Management. 2018-10

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11

52.212-1 Instructions to Offerors- Commercial Items (Deviation O0018) 2018-10

52.219-13 Notice of Set-Aside of Orders. 2011-11

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12

52.233-3 Protest after Award. 1996-08

52.233-4 Applicable Law for Breach of Contract Claim. 2004-10

52.247-34 F.O.B. Destination 1991-11

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law.

2016-02

5352.223-9001 Health and Safety on Government Installations 2012-11

5352.242-9000 Contractor Access to Air Force Installations 2012-11

Provisions and Clauses Incorporated via Full Text

Addendum to 52.212-1 -- Instructions to Offerors -- Commercial Items.

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY

REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY

REFERENCE INTO ANY RESULTANT CONTRACT.

Your attention is directed to the functional relationship between FAR 52.212-1, Instructions to Offerors –

Commercial Items and the Basis for Award. FAR 52.212-1 provides information for the purpose of organizing and submitting an offer and is not intended to be all-inclusive. The Basis for Award describes evaluation factors and the basis of award, to include the evaluation procedures for responsiveness to the solicitation, ranking of price, and evaluation of non-price factors.

OFFERS THAT DO NOT CONTAIN THE INFORMATION REQUESTED BY THIS PROVISION RISK

ELIMINATION.

I. OFFEROR PREPARATION INSTRUCTIONS

System for Award Management (SAM): Paragraph (k) of 52.212-1 is revised as follows:

By submission of an offer/quotation, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to the date and time established for receipt of Quotations, during performance and through final payment of any contract resulting from this solicitation. If the Offeror 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 Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov.

Period of Acceptance of offers: Paragraph 52.212-1(c), Period for Acceptance of Quotations. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its quotation firm for at least 30 calendar days after quotation submission.”

Performance Schedule. The removal and installation services performance period start date must occur within 5 days of award date. *Note: The requested performance start date is not later than 5 days after receipt of contract. If you are unable to deliver within the requested 5 days, please provide an alternate delivery lead time as an inquiry not later than the closing date for submission of questions/inquires stated below. Solicitation

Number FA2823-19-Q-4010 Pool Filtration Installation Service.

Questions/Inquiries: The contracting officer listed below is the Government’s sole point of contact for this acquisition. If necessary, all questions, request for clarifications and/or information concerning this solicitation shall be received in writing by email at the following email addresses no later than Thursday, March 7th, 2019 1:00 PM

Central Time (CT). The decision whether to respond to questions and requests for clarification made after

Thursday, March 7th, 2019 1:00 PM CT will be at the sole discretion of the Contracting Officer. If no questions are submitted, the Government will assume that the offerors fully understand all requirements of this notice. Emails must be received by the Contracting Officer: Nathan McMillen, nathan.mcmillen@us.af.mil and Contract Specialist:

Mrs. Tianna Seaman, tianna.seaman@us.af.mil on the date and time specified above.

Submission of offers: Electronic Submission of offers are required and shall be received via email. Offers shall be received in writing by the following: Contracting Officer: Nathan McMillen, nathan.mcmillen@us.af.mil and

Contract Specialist: Mrs. Tianna Seaman, tianna.seaman@us.af.mil not later than Wednesday, March 13, 2019

9:00 AM CT. Offerors shall submit a clear and complete quotation, and include only information that is relevant to this notice.

Offer Requirements. The following information at a minimum shall be included with each offer:

1. The name, address, telephone number and email address of the offering firm’s point of contact

2. Remittance Address, if different from the offeror’s address

3. Discount Terms (for payments prior to Net 30, if applicable);

4. CAGE Code and DUNS number;

5. Representations/Certifications. Utilizing the provision below (52.212-3 -- Offeror Representations and

Certifications – Commercial Items) shall complete the necessary fill-ins, representations and certifications as set forth in the solicitation; and Teaming Agreement information (if applicable): Subcontractor Name, Cage Code, DUNS number. NOTE: If the offeror has their representations and certifications completed in the System for

Awards Management, this step will not be required. However, an annotation expressing such completion shall be included on the quotation.

6. Technical. In accordance with, FAR 52.212-1(b)(4), Offerors shall provide enough documentation to verify compliance with the required specifications in this notice and with the requirements stated in the SOW dated 15

February 2019.

7. Lead Time (if different than stated above in Delivery Schedule)

8. Price. Offerors shall submit a firm-fixed priced offer for the entire requirement, partial offers will not be accepted. Offerors shall provide both the unit price and extended amount (total price) in Attachment 2:

Vendor Price Schedule. Offers shall include FOB Destination. NOTE: A Site Visit will be conducted for this requirement (SEE FAR CLAUSE . 52.237-1 Site Visit).

9. Exceptions to Terms and Conditions: Offerors shall identify and explain any exception, deviation, or assumption to the solicitation terms and conditions and provide accompanying rationale. Offerors are cautioned that it is not the Government’s intent to incorporate the offeror’s proposal in the resulting award.

10. Amendment Acknowledgement. The Government reserves the right to revise or amend the solicitation and attachments prior to the offer closing time. Such amendments will be issued electronically by email. In such cases, the amendment will include an announcement of the new closing date and time. The offeror MUST acknowledge all amendments issued. Sign, acknowledge, and submit the original amendment for all amendments issued with the offer.

11. Discrepancies. If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale as well as the remedies the offeror is asking the Contracting Officer to consider as related to the omission or error.

The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

12. Email Format: The subject line of all emails that comprise the quotation shall be formatted as follows: Subject:

FA2823-19-Q-4010/Company Name/Email X of X (insert number of the email and total number of emails).

(1) File Size. Individual emails shall not exceed 4MB in size. Offerors shall submit multiple emails as necessary to stay under the 4MB limit. Failure to stay under this limit may cause a rejection of the email.

(End of Provision)

BASIS FOR AWARD Pursuant to FAR 13.106-1(a)(2) technical and price will be the Government’s basis for award. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale as detailed above in instructions to offerors, FAR 52.212-1 ADDENDUM.

EVALUATION:

1. Technical. Technical acceptability will be evaluated on a pass fail basis.

(a) Pass. An offer will receive a pass for technical acceptability if the contracting officer and subject matter expert can conclude the offer meets or exceeds the service requirements and brand name or equal specifications described in the attached statement of work dated 15 February 2019.

(b) Fail. An offer will receive a fail for technical acceptability if the contracting officer and subject matter expert are not able to confirm the offer meets the minimum service and supply requirements described in the attached statement of work dated 15 February 2019. An offer will also receive a fail if it is confirmed that the offered service and supply elements of the offer do not meet the minimum requirements identified in the attached statement of work dated 15 February 2019.

2. Price. Price will be evaluated for Completeness and Reasonableness.

(a) Completeness. This element is met when the respondent’s prices are determined complete in accordance with the solicitation instructions.

(b) Reasonableness. Price will be evaluated for reasonableness in accordance with FAR 13.106-3. As there is a high probability of competition, reasonableness shall be established through competition in accordance with FAR 13.106-

3(a)(1). In the event that only one offeror is received, reasonableness will be established in accordance with FAR

13.106-3(a)(2).

(c) If the lowest price evaluated is determined to be technically acceptable , that offer will be considered to represent the best value for the government, with the evaluation process stopping at that point. Award may be made to that offeror without further consideration of any other offers.

52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

NOTICE OF SITE VISIT

Site Visit/Base Access: A site visit for this requirement will be held. This will be the sole preproposal site visit for this requirement, no requests for individual site visits will be entertained. The site visit is not mandatory in order to propose on this requirement. In order to attend the site visit Offeror’s shall complete an Eglin AFB Form 90

(Attachment 3) for each individual attending.

All requests must be completed and brought at the time of the site visit for processing through the 96 th Security

Forces Base Pass Office. Passes will only be valid for the day of the site visit.

The site visit is schedule for Wednesday, March 6th, 2019 at 9:00 AM Central Time (CT). Offerors will meet at

Eglin AFB East Gate.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference.

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):

http://farsite.hill.af.mil/

(End of Provision)

52.252-2 -- Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of Clause)

52.252-5 -- Authorized Deviations in Provisions.

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 Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P98_14103 http://farsite.hill.af.mil/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P98_14103 http://farsite.hill.af.mil/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P98_14103 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P98_14103

(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 Defense Federal Acquisition Regulation Supplement (48 CFR 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

5352.201-9101, OMBUDSMAN (JUN 2016)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman:

Primary:

Col. Angela W. Suplisson, AFMC/AFTC/CV

1 S Rosamond Blvd

Edwards AFB CA 93524

Phone: (661) 277-2810

Email: angela.suplisson@us.af.mil

Alternate:

Ms. Karen L. Zang, AFMC/AFTC/PK

10 South Seller Avenue, Bldg. 2800

Edwards AFB CA 93524

Phone: (661) 277-2006

Email: karen.zang@us.af.mil mailto:angela.suplisson@us.af.mil mailto:karen.zang@us.af.mil

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC

20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

(End of clause)

52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018)

As prescribed in 12.301(b)(3), insert the following clause:

Contract Terms and Conditions-Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5CFR Part1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31

U.S.C.3903) and prompt payment regulations at 5CFR Part1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer

(see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the

Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly

American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The StandardForm1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

52.212-2 Instructions to Offerors – Commercial Items (Oct 2018)

As prescribed in 12.301(b)(1), insert the following provision:

Instructions to Offerors-Commercial Items (Oct 2018)

(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 Block 10 of the solicitation cover sheet (SF

1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-

(1) The solicitation number;

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

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

(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;

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

(8) A completed copy of the representations and certifications at FAR52.212-3 (see FAR52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the

Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

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

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

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

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(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) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

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

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100 470 East L'Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph(i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point

(DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(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).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror 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 Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror 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 Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

As prescribed in 22.1408(a), insert the following clause:

Equal Opportunity for Workers with Disabilities (Jul 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41

CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor.