Combo Internet B.1360 Amendment.pdf

DEPARTMENT OF THE AIR FORCE

31st FIGHTER WING (USAFE)

31st CONTRACTING SQUADRON

AVIANO AB, ITALY

Combined Synopsis / Solicitation Amendment

FA568221Q70020001

for

Commercial Internet Installation and Service

Aviano Air Base, Italy

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

SOLICITATION #: FA568221Q7002 PR# F1F0FM0317AC01

[X] Request for Quotation (RFQ) [ ] Request for Proposal (RFP) [ ] Invitation for Bid (IFB)

This solicitation and the incorporated provision and clauses are those in effect through

Federal Acquisition Circular (FAC) 2021-02 (Effective November 23, 2020);

DFARS Change 10/01/2020 (Effective October 1, 2020); and AFAC 2019-1001 (Effective: October 1, 2019)

Due to the overseas location of this solicitation, no set-aside will be used.

North American Industry Classification Code (NAICS): 541519 - Other Computer Related Services PSC Code: D399 - IT and Telecom - Other IT and Telecommunications

Potential quoters are to quote on the following line item, quotes are due to this office no later than NLT Monday, 11 January 2021 @ 1400 hrs. Central European Time (CET) Any questions are due NLT 5 January 2021 @ 1400 hrs. CET.

WING’S Wi-Fi @ Aviano AB, Italy Site Visit is scheduled for 10 December 2020 @ 0930 CET at Aviano AB LVIS Gate.

Description of requirements:

CLIN # DESCRIPTION QTY

UNIT OF

ISSUE

UNIT

PRICE (€)

TOTAL

PRICE (€)

The Contractor shall provide all design, labor, and materials to install into service commercial wireless network for 31st Fighter Wing B.1360 IAW SOW Commercial Internet Installation & Service. Aviano AB, IT dated December 21, 2020.

1 JO

The Contractor shall provide all design, labor, and materials to install into service commercial wireless network for 31st Operational Group IAW SOW Commercial Internet Installation & Service. 1360 Wi-Fi Aviano AB, IT dated December 21, 2020.

1 JO

0003 Internet Monthly Fee, Assistance and Maintenance for 31st FW – Base Year 11 MO

0004 Internet Monthly Fee, Assistance and Maintenance for 31st OG – Base Year 11 MO

GENERAL INFORMATION

ITEMS TO BE PROVIDED/SERVICES TO BE PERFORMED

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1003 Internet Monthly Fee, Assistance and Maintenance for 31st FW – 1st Option Period 12 MO

1004 Internet Monthly Fee, Assistance and Maintenance for 31st OG – 1st Option Period 12 MO

2003 Internet Monthly Fee, Assistance and Maintenance for 31st FW – 2nd Option Period 12 MO

2004 Internet Monthly Fee, Assistance and Maintenance for 31st OG – 2nd Option Period 12 MO

3003 Internet Monthly Fee, Assistance and Maintenance for 31st FW – 3rd Option Period 12 MO

3004 Internet Monthly Fee, Assistance and Maintenance for 31st OG– 3rd Option Period 12 MO

4003 Internet Monthly Fee, Assistance and Maintenance for 31st FW– 4th Option Period 12 MO

4004 Internet Monthly Fee, Assistance and Maintenance for 31st OG - 4th Option Period 12 MO

Place of Delivery/Performance/Acceptance/FOB Point:

These services shall be provided exclusively at Aviano AB, Italy

Period of Performance CLIN 0001 – 18 January 2021 – 17 March 2021 – Base Year CLIN 0001 – 18 January 2021 – 17 March 2021 – Base Year CLIN 0003 – 18 March 2021 – 17 January 2022 – Base Year CLIN 0004 – 18 March 2021 – 17 January 2022 – Base Year CLIN 1003 – 18 January 2022 – 17 January 2023 – 1st Option Period CLIN 1004 – 18 January 2022 – 17 January 2023 – 1st Option Period CLIN 2003 – 18 January 2023 – 17 January 2024 – 2nd Option Period CLIN 2004 – 18 January 2023 – 17 January 2024 – 2nd Option Period CLIN 3003 – 18 January 2024 – 17 January 2025 – 3rd Option Period CLIN 3004 – 18 January 2024 – 17 January 2025 – 3rd Option Period CLIN 4003 – 18 January 2025 – 17 January 2026 – 4th Option Period CLIN 4004 – 18 January 2025 – 17 January 2026 – 4th Option Period

All items are to be provided and all services are to be performed in strict accordance with this solicitation.

FAR provision 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. As prescribed in FAR 12.301(b) (1), the following addendum is provided for this solicitation and hereby amends any language therein:

Addendum 52.212-1 - Instructions to Quoters - Commercial Items (Jun 2020)

The purpose of these instructions are to prescribe the format of the quotes in response to this Request for Quotations (RFQ) and describe the approach for the development and presentation of the request for quote data. This is designed to ensure the essential information required for evaluation is submitted.

Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations as a minimum must show:

(1) The solicitation number;

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

INSTRUCTIONS TO QUOTERS

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

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(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 FAR 52.212-3 OFFEROR

REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2020)

https://www.acquisition.gov/far/part-52#FAR_52_212_3 ;

(9) Acknowledgment of Solicitation Amendments;

Period for Acceptance of Quotations. The quoter agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes.

Issuance of purchase order. Quotations should contain the quoter's best technical and price terms. After the evaluation of quotations, the Contracting Officer may conduct interchanges with one or more quoters of the Government's choice before issuing any purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government's choice and will not use the formal source selection procedures described in FAR part 15.

Notification and Requests for Information. Electronic public notification will NOT be provided through Government Point of Entry www.beta.sam.gov website. The contracting officer will NOT notify unsuccessful quoters who responded to this solicitation. Quoters may request information on purchase order resulting from this solicitation from the contracting officer.

1. QUOTATION PREPARATION INSTRUCTIONS.

Failure to furnish a complete quotation may result in the quotation being determined non-responsive by the Government and cause for rejection of the entire quote.

To ensure timely and equitable evaluation of quotes, quoters must follow the instructions contained herein. Quoters are required to meet ALL solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Failure to meet a requirement may result in a quote being ineligible for award. In order to be determined responsive the quoter must submit all documentation to demonstrate the following:

1. Acknowledgement of compliance with all solicitation terms and conditions

2. Completion of representations and certifications

3. Authorization to operate and do business in Italy.

Address any questions, concerns to the Contracting Office as soon as possible, but no later than 11 December 2020, 14:00 hrs. Central European Time (CET). The subject of the email shall be "Questions - FA568221Q7002." Questions shall annotate a reference to the specific RFQ element to which they pertain. All questions submitted by the deadline set forth above will be taken into consideration and answered via posting to BetaSam. Written requests for questions shall be sent to the emails:

Ivana Barac at ivana.barac.6.it@us.af.mil Melissa Maurhart at melissa.maurhart.it@us.af.mil

All referenced documents for this RFQ are available on the beta SAM website at http://www.beta.sam.gov . Potential quoters are encouraged to subscribe / follow for real-time e-mail notifications when information has been posted to the website for this RFQ.

https://www.acquisition.gov/far/part-52#FAR_52_212_3 mailto:ivana.barac.6.it@us.af.mil mailto:melissa.maurhart.it@us.af.mil http://www.beta.sam.gov/

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Timely receipt of quotes is the sole responsibility of the interested party. Quotes shall be submitted by 11 January 2021 prior to 1400 hrs CET. Quotes shall remain valid for 60 days after receipt. Quotes shall be submitted digitally by e-mail or, if too large in size, on a CD/DVD prior to the time set for quotes closing to:

31 CONS/PKB

Attn. Ivana Barac Via Pordenone 89/B 33081 Aviano (PN) Italy

Ivana Barac at ivana.barac.6.it@us.af.mil Melissa Maurhart at melissa.maurhart.irt@us.af.mil

It is solely contractor’s responsibility to make sure the Government has received their emails. When sending multiple emails, please numerate them, 1 of #, 2of #, etc.

In addition to the requirements outlined above required to determine responsiveness of prospective quoters, the quote shall consist of two additional separate parts;

Part I – Technical Capability Sub-factor 1: Technical Plan Sub-factor 2: Prior Technical Experience

Part II – Price

PART I - TECHNICAL CAPABILITY

This part of the quotation is limited to no more than 15 pages, single-sided with font no smaller than 12

pt. and margins no smaller than one inch. Supporting documentation such as license, insurance, or registration documents do not count towards the page limit.

The technical part of quotation shall be clear, concise, and include all stated elements to ensure effective evaluation and for substantiating the validity of stated claims. The quoter should not simply rephrase or restate the government's requirements, but rather shall provide convincing rationale to address how the quoter intends to meet these requirements. Quoters shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the quotation.

The technical part shall be prepared in a form consistent with the SOW and the evaluation criteria for award set forth in the "Evaluation Factors for Award" section of this solicitation. The section shall be prepared in an orderly format and in sufficient detail to enable the government to make a thorough evaluation of the contractor's technical competence and ability to comply with the contract task requirements specified in the SOW. The quoter shall address as specifically as possible the actual methodology proposed for accomplishing the SOW tasks.

Sub-factor 1: Techical Plan - The quoters shall show and explain in their technical plan how they intend to meet the requirement specified in this SOW and show a list of the proposed major equipment and materials to be purchased and installed under this project. Contractor must show how the wireless network architecture is met in their design and how the approaches are to be utilized in order to successfully perform to the tasks detailed in the SOW. The project shall include quality control procedures which presents all aspects of quality control to include responsibility for surveillance and description of records to be kept as outlined in the SOW, identification and clearly defined authority of key personnel under Contractor’s organization and inspection system covering all services as outlined in the SOW.

mailto:melissa.maurhart.irt@us.af.mil

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Subfactor 2: Prior Technical Experience. – The quoter shall provide evidence of prime contractor’s minimum three (3) prior experience projects in Wi-Fi installation within the last five (5) years from the issuance date of this solicitation. The experience of a subcontractor cannot substitute for the prime contractor’s experience. The quoter shall provide evidence of prior experience in the following format:

a. The title and number of the contract/project

b. Description of work completed

c. Length of contract/project (year/month/date – year/month/date)

d. Value of contract/project in Euro € or Dollar $ for total amount

e. Complete name of point of contact at Client Organization (including e-mail and phone number)

Documents submitted in response to this RFQ must be fully responsive to and consistent with the following:

Requirements of the RFQ (CLINs & SOW) and government standards and regulations pertaining to the SOW.

Evaluation Factors for Award in provision 52.212-2, Evaluation—Commercial Items and its addendum

PART II - PRICE

Fixed Priced Quotes: the resultant contract will be Firm-Fixed Priced. Multiple awards will not be considered. Accordingly, quoted prices shall be fixed, and not subject to revision and/or negotiation if selected for contract award.

The quote must be submitted for all items, for Base Year plus four (4) Option Periods. The CLINs of this RFQ should be filled in with UNIT and TOTAL amounts.

The quote must be submitted in EURO (€) currency, if U.S. vendor quote must be submitted in USD ($) currency, exclusive of taxes, and remain valid for 60-days after the closing date of this solicitation. If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using https://comptroller.defense.gov/Financial- Management/Reports/fcfr/ on the date specified for receipt of quotes.

The price is to be put on the 1st page of this document (Description of Requirement).

FAR Provision 52.212-2, Evaluation -- Commercial Items (Oct 2014) and its addenda does apply to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation and hereby amends any language therein:

Addendum to 52.212-2 Evaluation Commercial Items

BASIS FOR CONTRACT AWARD: Government evaluation will be conducted on received quotations considering the evaluation factors listed herein. Consistent with Simplified Acquisition Procedures the quotations will be evaluated in accordance with FAR 13.106-2(b). Comparative evaluations will be utilized whereby the government will compare all quotes that meet the minimum requirements as defined in Addendum to 52.212-1 and 52.212-2. The government will select an awardee whose quote is considered the most advantageous to the government. Therefore, the Government reserves the right to select an awardee that provides benefit to the government exceeding the minimum standards, but is not required to do so.

https://comptroller.defense.gov/Financial-Management/Reports/fcfr/

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This selection will be based on an integrated evaluation of the factors as described below.

Part I – Technical Capability Sub-factor 1: Technical Plan Sub-factor 2: Prior Technical Experience Part II – Price.

I. Technical capability factor evaluation:

1. Technical Plan. The contractor shall provide an effective Technical Plan demonstrating their ability to perform the work described in the Statement of Work (SOW). The plan shall provide adequate measures to ensure quality and timeliness of the acquired service.

The quoter's plan must demonstrate to the government that the quoter fully understands the SOW requirements and can obtain and manage the personnel and resources to successfully perform the work detailed in the SOW.

2. Prior Technical Experience. In evaluation of this subfactor, the Government will confirm that the offeror did submit an Individual Reference for 3 contracts within the last 5 years through the issue date of subject solicitation, demonstrating that the offeror provided services relevant to those required in the SOW. To be found acceptable the quoter must demonstrate that he provided services relevant to those required in the SOW. Relevant performance includes effort involving similar scope or greater in scope, magnitude and complexity than the effort described in this solicitation.

II. Price Evaluation :

The reasonableness of the quotation will be determined on the total price provided for this solicitation. All prices quoted will be determined by multiplying the quantities by the proposed unit price for each Contract Line Item Number (CLIN) to confirm the extended amount and the total amount. The total evaluated price will include all line items (CLINs) plus the 50% of the final option period price, as referenced in clause FAR 52.217 -8, to reflect the price of a maximum six month extension.

Quoters should give the best available pricing to the Government for each CLIN in arriving at the most competitive price. Additionally, as this requirement is commercial and will result in a "firm-fixed-price" a comparison of quoters' total price will satisfy the requirement for price analysis, in determining the price fair and reasonable. The Government may determine that an offer is unacceptable if the prices are significantly unbalanced. The reasonableness of the quotation will be determined on the price provided in the Description of requirements of this solicitation.

FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (Oct 2018), applies to this acquisition.

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items (Nov 2020).

No additional requirements or terms and conditions apply to this acquisition.

Defense Priorities and Allocations System (DPAS) assigned rating is: none.

Quoters are required to be registered in SAM at the time a quotation is submitted in order to comply with the annual representations and certifications requirements.

Quoters shall certify company information is accurate and current in the System for Award Management (SAM).

***SAM Requirement - Company must be registered in System for Award Management (SAM) at the time a quotation is submitted. If company is not registered in SAM, they may do so by going to SAM web

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RESPONSE DATE/TIME AND CONTACT INFORMATION

Offers Due: January 11, 2021 at 1400 CET (Central European Time) Contracting Point of Contact: Ms. Ivana Barac; Ms. Melissa Maurhart Phone Number: (+39) 0434/307-190 Email: ivana.barac.6.it@us.af.mil megan.baer@us.af.mil

The full text of the FAR, DFARS, and AFFARS can be accessed on the Internet at https://www.acquisition.gov/

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities (Apr 1984) 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.244-6 Subcontracts for Commercial Items (Jun 2020) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011) 252.204-7003 Control of Government Personnel Work Product (Apr 1992) 252.204-7004 DoD Antiterrorism Awareness Training for Contractors (FEB 2019) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) 252.204-7016 Covered Defense Telecommunications Equipment or Services - Representation

(Dec 2019) 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services—Representation (dec 2019) 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services (Dec 2019)

252.222-7002 Compliance with Local Labor Laws (Overseas) (Jun 1997) 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials

(Sep 2014) 252.225-7041 Correspondence in English (Jun 1997) 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States

(Jun 2015) 252.229-7000 Invoices Exclusive of Taxes or Duties (Jun 1997) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7008 Assignment of Claims (Overseas) (Jun 1997) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.233-7001 Choice of Law (Overseas) (Jun 1997) 252.243-7001 Pricing of Contract Modifications (Dec 1991) 252.244-7000 Subcontracts for Commercial Items (Jun 2013) 252.246-7008 Sources of Electronic Parts (May 2018) 5352.223-9001 Health and Safety on Government Installations (Nov 2012)

CLAUSES INCORPORATED BY REFERENCE

mailto:megan.baer@us.af.mil

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CLAUSES INCORPORATED BY FULL TEXT

52.212-4 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 FAR 52.233-1, 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 FAR 52.202-1, 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;

CLAUSES INCORPORATED BY FULL TEXT

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048610 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063244

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(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 Part 1315.

(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 Part 1315.

(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-https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050705 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5

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(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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-33-protests-disputes-and-appeals#i1080268 https://www.acquisition.gov/content/part-32-contract-financing#i1081898

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(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:

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(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 Standard Form 1449.

(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.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-

COMMERCIAL ITEMS (NOV 2020)

(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:

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(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), 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 (JUN 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (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).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3

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__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved]

__ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9

__ (18)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

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__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (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 (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (30)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (31)

(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

__ (32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

__ (35)

(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 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.)

__ (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.)

https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9

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__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service,…