19-Q-3017_COMBO_V1.pdf

Combined Synopsis Solicitation:

Weapon Mounts for Tactical Insertion Ground Vehicle

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

submissions are being requested and a written solicitation will not be issued.

(ii) The Solicitation Number is: FA5422-19-Q-3017

(iii) The solicitation document and incorporated provisions and clauses are those in effect through the following:

Federal Acquisition Circular (FAC): 2019-01 20-Dec-18

DFARS Publication Notice (DPN): 20180928 26-Oct-18

Air Force Federal Acquisition Circular (AFAC): 2018-0525 25-May-18

Size Standard: 1500 emplo(iv) NAICS code: 336992

This is a(n) 100% unrestricted, full and open solicitation.

The corresponding index entry is: Military Armored Vehicle, Tank and Tank Component Manufacturing

(v) Please see attached Pricing Schedule for a list of contract line item number(s) and items, quantities and units of measure, (including option(s), if applicable).

(vi) Description of the Requirement:

Weapon mounts and accessories for Tactical Insertion Ground Vehicle for use at Camp Lemonnier, Djibouti

(vii) Period of Performance or Delivery Date can be found on the Pricing Schedule.

The FOB point is: Destination

Place of Performance ---or---

Delivery Address

SSA

Central Receiving Point (CRP) Contracting Office (SSA) Bldg 704

726EABS/FB5807

(viii) FAR 52.212-1 Instructions to Offerors -- Commercial Items is hereby incorporated by reference, with the same force and effect as if it were given in full text. In addition to any addendum provided via attachment to this Solicitation, all terms and conditions of FAR 52.212-1 remain in effect.

October 2018

(ix) FAR 52.212-2 Evaluation -- Commercial Items this provision has been tailored to this procurement and is provided via attachment to this Solicitation.

October 2014

(x) Each offeror shall ensure the provision at FAR 52.212-3 including its Alternate I, Vendors Representations and Certifications--Commercial Items are updated at www.sam.gov. Failure to obtain SAM registration MAY result in submissions not being considered for award.

October 2018

(xi) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items is hereby incorporated by reference, with the same force and effect as if it were given in full text.

October 2018

(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders

– Commercial Items is hereby incorporated by reference, with the same force and effect as if it were given in full text. All provisions and clauses can be found in the Attachments.

January 2019

(xiii) If any warranties are required beyond those customarily provided on a procurement of this nature, they will be specifically mentioned in the Pricing Schedule located within the Attachments.

(xiv) Defense Priorities and Allocations System (DPAS): N/A

(xv) Questions are due by: Wednesday, April 17, 2019 12:00 PM EST

Offers are due: Friday, April 19, 2019 12:00 PM EST

(xvi) The POC for this solicitation is listed below, all responses, questions and submissions shall be sent to the designee listed below:

POC email: Daniel.R.Menendez2.mil@mail.mil

POC Mailing Address: PSC 831 Box 67

FPO, AE 09363

POC Name: Daniel Menendez

POC phone: 253-77-077-339

List of Attachments:

Attachment

Number Name of Attachment Attachment

DatePages

1 Pricing Schedule 3 05-Apr-19

2 Performance Work Statement

3 Evaluation - Commercial Items Addendum

4 Clauses Incorporated by Reference / Full text

05-Apr-19

05-Apr-19

05-Apr-19

4-7

10-11

8-46

Attachment 1: Pricing Schedule FA5422-19-Q-3017Sol. No.

Line Item Description Unit PriceUIQTY Extended Price

1 Turret configuration for BC Customs PN: TUR1280-MTAN 2 EA

2 H24-OTM Machine Gun Mount PN: M24-029-MTAN 2 EA

3 Universal Pintle Adapter 2 EA

4 Traverse and Elevation Mechanism 2 EA

5 Shipping to Camp Lemonnier, Republic of Djibouti 1 EA

Total Price

Submission Expiration: Vendors may, at their discretion provide additional time; however, all submissions must remain valid for at least days after this solicitation closes.30 Expiration Date:

Small Large Woman-Owned Veteran-Owned OtherBusiness Size (select all that apply):

Signature

Delivery Date or Period of Performance: ___________________

DUNS:

Printed Name

Title

NOTE: The individual signing must have signatory authority for this Entity; signature constitutes agreement to all terms and conditions contained within this solicitation.

CAGE:

Is SAM.gov registration current?

Yes No Unsure

Date

Default NET Terms: 30 Days. List any discount terms offered with pricing.

Performance Work Statement for

Weapon Mounts for Battlefield Airman Tactical Insertion Ground Response Vehicle

1.0 Description of Services. The contractor shall provide all equipment, parts, shipping, installment instructions, and technical support to provide weapon mounting and sustainment kits for the Battlefield Airman Tactical Insertion Ground Response (TRIGR) vehicles assigned to the 48th Rescue Squadron (48 RQS), Davis-Monthan Air Force Base, AZ.

1.1 Basic Services. The contractor shall provide weapon mounting capabilities as outlined in Appendix A for two (2) Battlefield Airman (BA) Tactical Insertion Ground Response (TRIGR) vehicles. The BA TRIGR is the BC Custom Search and Rescue Tactical Vehicle – Side by Side Vehicle (SRTV-SXV). The weapon mounting system will enable the implementation of the M240 and M249 in a top mounted turret configuration. The weapon mount will include a bearing and gear ring, a traversing mechanism, a 6-bay Ammo can Holder with mounting bracket, hip pads, a secondary weapon station, folding A-frame, and Bearing Sleeve. Additionally the contractor shall provide four (4) 120 day War/Sustainment kits for the BA

TRIGR.

1.2 Instructions Manuals.

1.2.1 The contractor shall provide five (5) detailed instruction manuals for the installation and removal of all associated weapon mounting hardware.

1.2.2 The contractor shall provide five (5) detailed instruction manuals for the employment of the 120 day War/Sustainment kits.

1.2.3 The instruction manuals shall be laminated, bound, and 8”x11” in size.

1.4 Deliverables.

1.4.1 The contractor shall provide a shipment tracking label once each product has been shipped.

1.4.2 The contractor shall provide a receipt of order.

1.4.3 The contractor shall provide weekly status updates to include order status, expected shipping dates, and expected contract completion dates.

1.5 Licenses and Permits. The contractor shall, without additional expense to the Government, obtain any necessary licenses and permits, and comply with any Federal, State, and local laws, codes and regulations applicable to this PWS. The contractor shall provide proof of such applicable licenses and permits upon submittal of their proposal and at any time on request by the Government. The contractor shall submit any applicable certifications.

2.0. GENERAL INFORMATION

2.1. Privacy and Security.

2.1.1. Reporting Requirements. Contractor personnel shall immediately report to an appropriate Government authority any information or circumstances of which they are aware may pose a threat to the security of Department of Defense personnel, contractor personnel, resources, and classified or unclassified defense information.

2.1.2. Privacy Act. Work on this project requires that personnel have access to Privacy Act Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

2.2. Contractor Personnel

2.2.1. Contract Manager. The contractor shall designate a point of contact that’s responsible for the performance of the work. The name of this person, and an alternate, who shall act for the contractor when the manager is absent, shall be designated in writing to the contracting officer prior to the contract start date. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract and have contract authority to provide the services and obligate the contractor.

2.2.2. The contractor shall not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

2.2.3. The contractor shall not employ any person who is an employee of the US Government if employing that person would create a conflict of interest. Additionally, the contractor shall not employ any person who is an employee of the Department of the Air Force, either military or civilian, unless such person seeks and receives approval according to Department of Defense (DoD) Regulation 5500.7- R, Joint Ethics Regulations (JER). The contractor shall not employ any person who is an employee of the Department of the Air Force if such employment would be contrary to the policies in AFI 64-106, Air Force Industrial Labor Relations Activities.

Appendix A. Equipment List. The following is a list of equipment required as part of this contract.

Amount Description

Turret Configuration for BC Customs SRTV-SXV to include: Bearing, Gear Ring, Traversing Mechanism, 6-Bay Ammo Can Holder and Mounting Bracket, Hip Pads and Covers, Secondary Weapon Station, Folding A-Frame, and Bearing Sleeve

2 H24-OTM Machine Gun Mount for BC Customs SRTV-SXV 2 Universal Pintle Adapter for BC Customs SRTV-SXV 2 Traverse and Elevation Mechanism for BC Customs SRTV-SXV 2 120 Day WAR/Sustainment Kit for BC Customs SRTV-SXV

CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE YEAR-MO SECTION

VARIATION

NAME DATE

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 SEC I 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I 252.203-7005 Representation Relating to Compensation of Former DoD Officials. As prescribed in 203.171-4(b), insert the following provision:

2011-11 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7006 Billing Instructions. 2005-10 SEC G 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 SEC I 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting.

2016-10 SEC I

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 SEC I 252.215-7007 Notice of Intent to Resolicit. 2012-06 SEC K 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. 2018-01 SEC L 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous

Materials.

2014-09 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 SEC I 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the

United States.

2015-06 SEC I

252.225-7048 Export-Controlled Items. 2013-06 SEC I 252.225-7980 Contractor Personnel Performing in the United States Africa Command

Area of Responsibility(DEVIATION 2016-O0008)

2016-06 SEC I

Deviation 2016-O0008 2016-06 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 SEC G 252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.232-7011 Payments in Support of Emergencies and Contingency Operations. 2013-05 SEC I 252.233-7001 Choice of Law (Overseas). 1997-06 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation.

2017-01 SEC I

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

2017-01 SEC I

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC K 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC I 52.204-22 Alternative Line Item Proposal. 2017-01 SEC I 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities.

2018-07 SEC I

52.204-7 System for Award Management. 2018-10 SEC L 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 SEC I 52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment.

2015-10 SEC I

52.219-13 Notice of Set-Aside of Orders. 2011-11 SEC I 52.222-19 Child Labor-Cooperation with Authorities and Remedies. 2018-01 SEC I 52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 SEC I 52.225-1 Buy American-Supplies 2014-05 SEC I 52.225-26 Contractors Performing Private Security Functions Outside the United

States.

2016-10 SEC I

52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 SEC I 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law.

2016-02 SEC I

ADDENDUM TO FAR 52.212-1

Addendum to FAR 52.212-1 – Instructions, Conditions, and Notices to Offerors

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

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

REFERENCE.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Addendum to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers.”

ADDENDA TO 52.212-1, PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of the offers, the offeror must follow the instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The response shall consist of two parts:

Part I – Price

Part II – Technical Capability

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition.

Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional data will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit cost data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

C. Specific Instructions:

Offers will first be reviewed by total price from lowest to highest, then technical acceptability, and finally delivery lead time. The two lowest offeror’s will be evaluated for technical acceptability, if the lowest priced offer is deemed acceptable no further technical evaluations will conducted and the contract will be awarded.

1. PART I – PRICE – Submit one electronic copy using the attached materials listing breakdown, labeled Attachment 1 or company equivalent. The pricing shall include delivery within 60 days ARO to Camp Lemonnier, Djibouti. Electronic Copies must be compatible with Microsoft Office Programs.

(a) Complete both the unit price and total price blocks on the provided, Attachment 1. In doing so, the offeror agrees to the contract terms and conditions as written in the RFQ.

(b) Insert unit prices and total prices on Attachment 1. The total amount must equal the unit price multiplied by the quantity of units, and must be completely filled in. The Quote must be for all requested items.

(c) Documents submitted in response to this solicitation must be fully responsive to, and consistent with the following;

a. Requirements of the RFQ (Item Numbers)

b. Evaluation Factors for Award.

2. PART II – TECHNICAL CAPABILITY – The technical portion of the proposal shall be assessed as ‘acceptable’ or ‘unacceptable’. The evaluation process will consider the following;

(a) The offeror shall submit their offer with the attached brand name materials or equal. Material information shall be detailed enough to allow the government to make the technically acceptable or unacceptable determination

CLAUSES IN FULL TEXT

CLAUSE NO. CLAUSE TITLE (MONTH

YEAR)

VARIATION

NAME DATE

CLAUSE TEXT

ADDENDUM TO FAR 52.212-2

Addendum to FAR 52.212-2 – Evaluation Factors for Award

Addendum to FAR 52.212-2:

BASIS FOR CONTRACT AWARD: This is a competitive RFQ that utilizes FAR Part 13, Simplified Acquisition Procedures, and will utilize the lowest price technically acceptable evaluation procedures and fair and reasonable determination. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors, the offeror accedes to the terms of this model contract. Offerors must clearly identify any exception to the RFQ terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows:

A. Price Evaluation. Initially, offers will be arranged from lowest to highest based on the total submitted price of the offer, and evaluated, beginning with the lowest price submitted. An offeror’s submitted prices will be determined by multiplying the quantities identified for each line item on the Attachment 1 Request for Quote by the unit price for the item to confirm the total amount for the line item. The total price for line item 1 and line item 2, shipping, will then be added together to determine the overall total price submitted.

B. Technical Acceptability Evaluation. The Offeror's responses will be evaluated to determine their understanding of the requirements and the qualifications to provide the requirement of this RFQ. Offeror’s equipment/ items/materials listed will be evaluated against the attached brand name or equal listing to ensure acceptability. Information shall be detailed enough to allow the government to make the technically acceptable or unacceptable determination. Any responses found unacceptable by the government’s technical expert shall deem the entire quote technically unacceptable.

C. Initially, the two lowest priced offers will be evaluated for technical acceptability. The lowest priced evaluated offer that is determined to have an ‘acceptable’ technical evaluation will be the offer that represents the Lowest Price Technically Acceptable for the government. Award shall be made to that offeror without further consideration.

D. If the lowest priced offeror is not determined to have an ‘acceptable’ technical evaluation, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until two offerors are determined to have an ‘acceptable’ technical evaluation or until all offerors are evaluated.

(End of Provision)

52.222-26 Equal Opportunity. (SEP 2015)

As prescribed in 22.810(e), insert the following clause:

Equal Opportunity (Sept 2015)

(a) Definition. As used in this clause.

"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

"Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

"Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if- (1)The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or (2)The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

"Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance

Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

"Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance

Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

"United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American

Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) (1)If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2)If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c) (1)The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60- 1.5.

(2)The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to- (i)Employment;

(ii)Upgrading;

(iii)Demotion;

(iv)Transfer;

(v)Recruitment or recruitment advertising;

(vi)Layoff or termination;

(vii)Rates of pay or other forms of compensation; and (viii)Selection for training, including apprenticeship.

(3)The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4)The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5) (i)The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(ii)The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by- (A)Incorporation into existing employee manuals or handbooks; and (B)Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.

(6)The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(7)The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(8)The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

(9)The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.

(10)If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(11)The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

(12)The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(d)Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.

(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 5 CFR 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 5 CFR 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.

52.212-1 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 30 calendar 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 4:30 p.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.