Vehicles and Vehicle Operators - Combined Synopsis 02.docx

VEHICLES AND VEHICLE OPERATORS SOLICITATION

PHILIPPINES: Laoag, Claveria, Calayan, Batan, Sabtang, Itbayat

Combined Synopsis/Solicitation:

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in 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. This solicitation is being issued as a Request for Quote (RFQ) using Simplified Acquisition Procedures. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 effective May 22, 2024.

This requirement is being issued as full and open competition under North American Industry Classification System (NAICS) code 485999 -All Other Transit and Ground Passenger Transportation, with a small business size standard of $19 million.

Procurement Description: The 87th Contracting Squadron, Joint Base McGuire-Dix-Lakehurst, New Jersey is procuring a requirement for vehicles with drivers on the island of Luzon and multiple islands within Batanes for use in Valiant Shield 2024 in accordance with the attached statement of work (SOW).

INSTRUCTIONS TO OFFERORS - Addendum to FAR Clause 52.212-1, Instructions to Offerors - Commercial Items The Government intends to award a single firm-fixed-price contract. The Period of Performance for this requirement shall be 31 May 2024 to 20 June 2024.

See the Basis for Award for additional information and evaluation criteria.

2. Questions regarding this solicitation shall be submitted via email to the Contract Specialist TSgt Erik Jasiunas erik.jasiunas@us.af.mil, and the Contracting Officer, TSgt Nicholas Brown at nicholas.brown.72@us.af.mil no later than COB 23 May 2024.

3. Vehicles must conform to the Statement of Work.

4. Contractors must have an active registration in System for Award Management (SAM) in order to be eligible to be awarded a Department of Defense (DoD) contract. If you need to register in SAM, please do so using the following link: https://www.sam.gov/sam.

5. Contractor offers shall be submitted via email at erik.jasiunas@us.af.mil, and nicholas.brown.72@us.af.mil and shall contain the following information:

Technical acceptability will be based on the conformance of vehicles in accordance with the Statement of Work.

BASIS FOR AWARD

1. The Government intends to make one aggregate award resulting from the RFQ but reserves the right to make multiple awards without discussions. The Government will determine the awardee based on the quote that provides the overall “Lowest Price Technically Acceptable (LPTA).” To be found technically acceptable, vendor must meet all the requirements in the solicitation. Quotes shall be evaluated based on technical acceptability, price, and satisfactory past performance.

2. The Government intends to award a contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest. The Government reserves the right not to award a purchase order in response to this RFQ.

At a minimum, offerors submissions must include the following:

CAGE Code, DUNS Number, and business-size standard under the applicable NAICS of 485999.

I. Price Quote When completing Table 1. Pricing Chart be sure to complete your unit and total prices.

a. Unit and extended pricing for Contract Line-Item Number (CLIN) should also be included for quotes to be properly evaluated. Prices shall not extend past the second decimal point for unit and extended amounts. The proposed price shall include all personnel, supplies, services, management, overhead, other directs costs, G&A, and profit to fulfill the contractual requirements of the Performance Work Statement.

b. The Government will evaluate offers for award purposes by adding the total price for all Contract Line-Item Numbers (CLIN) for the total evaluated price. In the event there is a difference between a unit price and the total CLIN amount, the unit price will be held as the intended price multiplied by the number of units. If the offeror shows only the total amount but fails to submit a unit price, the total CLIN amount divided by the quantity will be held as the intended price.

c. Unbalanced pricing exists when, despite an acceptable total evaluated price, one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A quote may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

3. Representations and Certifications See Federal Acquisition Regulation (FAR) Clause 52.212-1, "Instructions to Offerors -- Commercial Items" for additional information. You must include all Representations and Certifications (including FAR Provision 52.212-3) with your quote or reflect they are completed in SAM.

Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete quote. Failure to furnish a complete quote, at the time of submission, may result in the quote being unacceptable to the Government and eliminated from consideration for award.

The Past Performance Information Retrieval System and Federal Awardee Performance & Integrity Information Systems as well as any other Government-sponsored information available may be utilized to help make a responsibility determination in accordance with FAR Subpart 9.104 Offers shall be submitted electronically to the following addresses:

nicholas.brown.72@us.af.mil

**Quotes are due by 5:00 p.m. EDT 24 May 2024** All quotes will remain valid for 60 days.

Failure to provide the requested information may deem the quote Unacceptable and may not be eligible for award.

Attachments:

1. SOW

52.212-2 Evaluation Commercial Products and Commercial Services (Nov 2021) As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation—Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Price

2. Technical Acceptability

a. Technical Acceptability will be determined based off what offers conform to meet the needs of the government. If a specific type of vehicle is not available within a region, offerors are encouraged to submit so the government may evaluate whether the vehicle meets the needs.

3. Past Performance History

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision).

CLAUSES INCORPORATED BY REFERENCE

ITEMS OCT 2018

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM FAR CLAUSE 52.212-4

ADDENDUM TO FAR CLAUSE 52.212-4 -- TERMS AND CONDITIONS – COMMERCIAL ITEMS CONTRACTOR’S RESPONSIBILITIES:

(A) THE CONTRACTOR IS REQUIRED TO:

(1) PROVIDE THE U.S. GOVERNMENT WITH THE REQUESTED SUPPLIES/SERVICES WITHIN THE TIMELINES SPECIFIED.

(2) ENSURE THAT SUPPLIES/SERVICES PROVIDED ARE IN GOOD WORKING ORDER AND CAPABLE OF MEETING THE GOVERNMENTS NEEDS IN A SAFE AND EFFICIENT MANNER.

(5) IMMEDIATELY NOTIFY THE CONTRACTING OFFICER OF SUSPECTED MISUSE OF CONTRACTOR-LEASED PROPERTY OR USE BEYOND CONTRACT TERMS AND LIMITATIONS.

(B) FOR EACH PURCHASE ORDER THE CONTRACTOR SHALL PROVIDE:

(1) ALL REQUIRED TRANSPORTATION FOR PERSONNEL AND EQUIPMENT TO AND FROM THE JOB SITES SPECIFIED.

(2) ALL FUEL, MAINTENANCE, REPAIRS, ROAD TOLLS, AND OTHER MISCELLANEOUS CHARGES RELATED TO VEHICLE OPERATION.

GOVERNMENT RESPONSIBILITIES:

(A) THE GOVERNMENT WILL:

(1) PROVIDE THE CONTRACTOR WITH PURCHASE ORDERS AND OR CANCELLATIONS WITHIN THE TERMS SPECIFIED IN THIS CONTRACT.

(2) PROVIDE THE CONTRACTOR WITH THE REQUIRED INFORMATION TO ENSURE TIMELY DELIVERY OF SUPPLIES OR SERVICES ORDERED WITHIN THE PROVISIONS OF THE CONTRACT.

(3) PERFORM OPERATIONAL CHECKS ON ALL EQUIPMENT BOTH ON DELIVERY AND ON RETURN TO IDENTIFY DEFECTIVE OR DAMAGED EQUIPMENT PRIOR TO CHANGE OF CONTROL.

INSPECTION/ACCEPTANCE: ACCEPTANCE OF SUPPLIES WILL BE PROVIDED BY THE ONSITE REPRESENTATIVES OF THE U. S. GOVERNMENT. REPRESENTATIVES AUTHORIZED TO SIGN AND CERTIFY ACCEPTANCE WILL BE SHOWN IN THE DELIVER TO BLOCK OF THE PURCHASE ORDER. ACCEPTANCE BY PARTIES NOT IDENTIFIED SHALL NOT BE DEEMED VALID.

DELIVERY TIMES: ALL DELIVERIES WILL BE MADE BY THE SPECIFIED TIME ON THE DATE SPECIFIED ON THE ORDER.

CONTRACTOR NOTICE REGARDING LATE DELIVERY: IF THE CONTRACTOR ANTICIPATES OR ENCOUNTERS DIFFICULTY IN COMPLYING WITH DELIVERY, THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE CONTRACTING OFFICER TELEPHONICALLY GIVING FULL DETAILED RATIONALE FOR THE DELAY. RECEIPT OF CONTRACTOR’S NOTICE DOES NOT CONSTITUTE ACCEPTANCE OF AN ALTERNATE DELIVERY SCHEDULE OR WAIVER OF THE U. S. GOVERNMENT’S RIGHTS UNDER THIS CONTRACT OR AT LAW.

CONTRACT ADMINISTRATION: CORRESPONDENCE OR INQUIRIES RELATIVE TO THIS SOLICITATION AND ANY RESULTANT CONTRACT SHALL BE ADDRESSED TO THE FOLLOWING:

SSGT JUSTIN T. MORALES

3D MARINE LOGISTICS GROUP

EXPEDITIONARY CONTRACTING PLATOON

UNIT 38404

FPO AP 96604-8404

INVOICES/PAYMENTS:

(A) INVOICES MUST BE SUBMITTED TO ADDRESS STATED IN BLOCK 18A, SF 1449, BLOCK 7, DD FORM 1155, OR ISSUED BY, BPA CALL, NLT 10 DAYS OF COMPLETION OF THE SUPPLY/SERVICE. IN ORDER TO BE PROPER, AN INVOICE MUST INCLUDE, AS APPLICABLE THE FOLLOWING:

(1) INVOICE DATE

(2) NAME OF CONTRACTOR;

(3) PURCHASE/DELIVERY ORDER, LINE ITEM NUMBER, DESCRIPTION OF SUPPLIES OR SERVICES, QUANTITY, UNIT OF MEASURE, UNIT PRICE, AND EXTENDED TOTAL

(4) REQUISITION NUMBER OR DOCUMENT NUMBER

(5) DATE OF SHIPMENT/DELIVERY

(6) NAME (WHERE PRACTICAL), TITLE, PHONE NUMBER AND MAILING ADDRESS OF PERSON TO BE NOTIFIED IN EVENT OF A DEFECTIVE INVOICE

(7) DISCOUNT TERMS

(8) IF INVOICES ARE MAILED, THEY SHALL BE PREPARED AND SUBMITTED IN QUADRUPLICATE (ONE COPY SHALL BE MARKED "ORIGINAL").

(9) CONTRACT NUMBER

(B) PAYMENT TO THE CONTRACTOR IS MADE VIA ELECTRONIC FUNDS TRANSFER (EFT), UNLESS CONTRACTOR COORDINATES WITH THE CONTRACT ADMINISTRATION POC NAMED ABOVE IS DONE PRIOR TO CONTRACT AWARD. QUESTIONS CONCERNING PAYMENT TO INCLUDE ELECTRONIC FUNDS TRANSFER SHOULD BE DIRECTED TO THE CONTRACT ADMINISTRATION POC NAMED ABOVE.

(C) PAYMENT ON ALL INVOICES WILL BE IN PESOS AT THE PREVAILING DAILY RATE ON THE DAY THAT PAYMENT IS MADE.

APPROPRIATION: PROVIDED ON EACH INDIVIDUAL CONTRACT.

MODIFICATIONS: THE CONTINGENCY CONTRACTING SECTION WILL MAKE ANY CHANGES, ADDITIONS OR DELETIONS TO THE CONTRACT IN WRITTEN MODIFICATION ONLY.

BASE PASSES: THE CONTRACTOR IS RESPONSIBLE FOR ALL COORDINATION WITH THE PHILIPPINES MILITARY AUTHORITIES REQUIRED TO OBTAIN BASE PASSES THAT PROVIDE APPROPRIATE ACCESS FOR HIS/HER DRIVERS AND VEHICLES TO PHILIPPINES MILITARY FACILITIES. SHOULD THE CONTRACTOR HAVE DIFFICULTY OBTAINING THE NECESSARY PASSES, THEY MUST CONTACT THE ABOVE CONTRACTING OFFICER IMMEDIATELY.

LICENSES AND PERMITS: THE CONTRACTOR IS RESPONSIBLE FOR ENSURING THAT THE DRIVERS AND VEHICLES PROVIDED ARE PROPERLY LICENSED AND HAVE APPROPRIATE PERMITS FOR THE CARGO TO BE CARRIED.

PICK-UP OF SUPPLIES AND EQUIPMENT UPON COMPLETION OF PERFORMANCE: THE CONTRACTOR IS RESPONSIBLE FOR THE PICK-UP OF ALL SUPPLIES AND EQUIPMENT RELATING TO THE PERFORMANCE UNDER EACH CONTRACT IMMEDIATELY UPON THE END OF PERFORMANCE AS SPECIFIED BY THE END DATES OF THE PURCHASE ORDER. UNLESS OTHERWISE SPECIFIED IN THE PURCHASE ORDER THE PERIOD OF PERFORMANCE ENDS AT 1700 HOURS ON THE END DATE SPECIFIED. THE U.S. GOVERNMENT ASSUMES NO LIABILITY FOR THE DAMAGE, LOSS, OR THEFT OF CONTRACTED SUPPLIES OR EQUIPMENT AFTER THE PERIOD OF PERFORMANCE ENDS.

CONTRACTUAL RELATIONSHIPS: THE CONTRACTOR’S PERSONNEL SHALL AT ALL TIMES BE UNDER THE SUPERVISION OF THE CONTRACTOR AND NOT UNDER THE SUPERVISION OF THE GOVERNMENT OR ANY OF ITS OFFICERS OR EMPLOYEES. DISCREPANCIES OR NONCOMPLIANCE WITH THE CONTRACT CLAUSES, SPECIFICATIONS, OR STATEMENT OF WORK WILL BE BROUGHT TO THE ATTENTION OF THE CONTRACTORS’ SUPERVISOR OR FOREMAN IN CHARGE FOR NECESSARY CORRECTIVE ACTION BY THE CONTRACTING OFFICER.

REMOVAL OF CONTRACTOR’S EMPLOYEES: THE CONTRACTOR AGREES TO UTILIZE ONLY EXPERIENCED, RESPONSIBLE, AND CAPABLE PEOPLE IN THE PERFORMANCE OF THE WORK. THE CONTRACTING OFFICER MAY REQUIRE THAT THE CONTRACTOR REMOVE FROM THE GOVERNMENT JOB, EMPLOYEES WHO ENDANGER PERSONS OR PROPERTY, OR WHOSE CONTINUED EMPLOYMENT UNDER THIS CONTRACT IS INCONSISTENT WITH THE INTEREST OF MILITARY SECURITY OR THE TERMS OF THIS CONTRACT.

(END OF ADDENDUM)

CLAUSES INCORPORATED BY FULL TEXT

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 AND 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: (CONTRACTING OFFICER CHECK AS APPROPRIATE.)

___ (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 ACT OF 2009 (JUNE 2010) (SECTION 1553 OF PUB. L. 111-5). (APPLIES TO CONTRACTS FUNDED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009.)

X (4) 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (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 (JULY 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 CONCERNS (OCT 2014) (IF THE OFFEROR ELECTS TO WAIVE THE PREFERENCE, IT SHALL SO INDICATE IN ITS OFFER) (15 U.S.C. 657A).

____ (II) ALTERNATE I (JAN 2011) OF 52.219-4.

____ (13) [RESERVED]

____ (14)(I) 52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) (15 U.S.C. 644).

____ (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.

____ (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)).

____ (19) 52.219-14, LIMITATIONS ON SUBCONTRACTING (JAN 2017) (15 U.S.C. 637(A)(14)).

____ (20) 52.219-16, LIQUIDATED DAMAGES—SUBCON-TRACTING 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).

____ (22) 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 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 BUSINESS CONCERNS ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM (DEC 2015) (15 U.S.C. 637(M)).

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 (SEPT 2016) (E.O. 11246).

____ (29) 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) (38 U.S.C. 4212).

____ (30) 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JULY 2014) (29 U.S.C. 793).

____ (31) 52.222-37, EMPLOYMENT REPORTS ON VETERANS (FEB 2016) (38 U.S.C. 4212).

____ (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 (MARCH 2, 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627).

(II) ALTERNATE I (MARCH 2, 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 APPLICABLE TO THE ACQUISITION OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS OR CERTAIN OTHER TYPES OF COMMERCIAL ITEMS AS PRESCRIBED IN 22.1803.)

____ (35) 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 (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.

____ (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–DESIGNATED ITEMS (MAY 2008) (42 U.S.C. 6962(C)(3)(A)(II)). (NOT APPLICABLE TO THE ACQUISITION OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.)

____ (II) ALTERNATE I (MAY 2008) OF 52.223-9 (42 U.S.C. 6962(I)(2)(C)). (NOT APPLICABLE TO THE ACQUISITION OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.)

____ (38) 52.223-11, OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS (JUNE, 2016) (E.O. 13693).

____ (39) 52.223-12, MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (JUNE, 2016) (E.O. 13693).

____ (40) (I) 52.223-13, ACQUISITION OF EPEAT® REGISTERED IMAGING EQUIPMENT (JUN 2014) (E.O.S 13423 AND 13514).

____ (II) ALTERNATE I (OCT 2015) OF 52.223-13.

____ (41)(I) 52.223-14, ACQUISITION OF EPEAT® REGISTERED TELEVISIONS (JUN 2014) (E.O.S 13423 AND 13514).

____ (II) ALTERNATE I (JUN 2014) OF 52.223-14.

____ (42) 52.223-15, ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) (42 U.S.C. 8259B).

____ (43)(I) 52.223-16, ACQUISITION OF EPEAT[SUPREG]-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 (JUNE, 2016) (E.O. 13693).

____ (46) 52.223-21, FOAMS (JUNE, 2016) (E.O. 13693).

____ (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 U.S.C. CHAPTER 83, 19 U.S.C. 3301 NOTE, 19 U.S.C. 2112 NOTE, 19 U.S.C. 3805 NOTE, 19 U.S.C. 4001 NOTE, PUB. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, AND 112-43.

____ (II) ALTERNATE I (MAY 2014) OF 52.225-3.

____ (III) ALTERNATE II (MAY 2014) OF 52.225-3.

____ (IV) ALTERNATE III (MAY 2014) OF 52.225-3.

____ (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 (JUNE 2008) (E.O.’S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY).

____ (52) 52.225-26, CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES (OCT 2016) (SECTION 862, AS AMENDED, OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008; 10 U.S.C. 2302 NOTE).

____ (53) 52.226-4, NOTICE OF DISASTER OR EMERGENCY AREA SET-ASIDE (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY AREA (NOV 2007) (42 U.S.C. 5150).

____ (55) 52.232-29, 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)).

____ (57) 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT (JULY 2013) (31 U.S.C. 3332).

X (58) 52.232-34, PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN SYSTEM FOR AWARD MANAGEMENT (JULY 2013) (31 U.S.C. 3332).

____ (59) 52.232-36, PAYMENT BY THIRD PARTY (MAY 2014) (31 U.S.C. 3332).

X (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: (CONTRACTING OFFICER CHECK AS APPROPRIATE.)

_____(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 ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (MAY 2014) (29 U.S.C. 206 AND 41 U.S.C. CHAPTER 67).

_____ (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 CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT--REQUIREMENTS (MAY 2014) (41 U.S.C. CHAPTER 67).

_____ (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) 52.237-11, ACCEPTING AND DISPENSING OF $1 COIN (SEPT 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 (L) OF FAR CLAUSE 52.222-17.

(V) 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015).

(VI) 52.222-26, EQUAL OPPORTUNITY (SEPT 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) X (A) 52.222-50, COMBATING TRAFFICKING IN PERSONS (MARCH 2, 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627).

(B) ALTERNATE I (MARCH 2, 2015) OF 52.222-50 (22 U.S.C. CHAPTER 78 AND 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) (E.O. 13658).

(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) (A) 52.224-3, PRIVACY TRAINING (JAN 2017) (5 U.S.C. 552A).

(B) ALTERNATE I (JAN 2017) OF 52.224-3.

(XX) 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017) (E.O. 13706).

(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)

252.229-7001 TAX RELIEF (SEPT 2014)

(A) PRICES SET FORTH IN THIS CONTRACT ARE EXCLUSIVE OF ALL TAXES AND DUTIES FROM WHICH THE UNITED STATES GOVERNMENT IS EXEMPT BY VIRTUE OF TAX AGREEMENTS BETWEEN THE UNITED STATES GOVERNMENT AND THE CONTRACTOR'S GOVERNMENT. THE FOLLOWING TAXES OR DUTIES HAVE BEEN EXCLUDED FROM THE CONTRACT PRICE:

NAME OF TAX: VAT RATE (PERCENTAGE): 12%

(B) THE CONTRACTOR'S INVOICE SHALL LIST SEPARATELY THE GROSS PRICE, AMOUNT OF TAX DEDUCTED, AND NET PRICE CHARGED.

(C) WHEN ITEMS MANUFACTURED TO UNITED STATES GOVERNMENT SPECIFICATIONS ARE BEING ACQUIRED, THE CONTRACTOR SHALL IDENTIFY THE MATERIALS OR COMPONENTS INTENDED TO BE IMPORTED IN ORDER TO ENSURE THAT RELIEF FROM IMPORT DUTIES IS OBTAINED. IF THE CONTRACTOR INTENDS TO USE IMPORTED PRODUCTS FROM INVENTORIES ON HAND, THE PRICE OF WHICH INCLUDES A FACTOR FOR IMPORT DUTIES, THE CONTRACTOR SHALL ENSURE THE UNITED STATES GOVERNMENT'S EXEMPTION FROM THESE TAXES. THE CONTRACTOR MAY OBTAIN A REFUND OF THE IMPORT DUTIES FROM ITS GOVERNMENT OR REQUEST THE DUTY-FREE IMPORT OF AN AMOUNT OF SUPPLIES OR COMPONENTS CORRESPONDING TO THAT USED FROM INVENTORY FOR THIS CONTRACT.

(END OF CLAUSE)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE.

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): WWW.ACQUISITION.GOV

(End of provision) (End of clause)