Attachment_8_-_Model_BPA_-_3Aug18.pdf

Ordering Inst rument :

25. T OT AL

CODE

17. ACCOUNT ING AND APPROPRIAT ION DAT A/ LOCAL USE

36. I certify this account is correct and proper for payment .

6. ISSUED BY CODE

9. CONT RACT OR

CODE

18. IT EM NO. 19. SCHEDULE OF SUPPLIES/ SERVICES

26. QUANT IT Y IN COLUMN 20 HAS BEEN

SIGNAT URE OF AUT HORIZED GOVT . REP.DAT E

DAT E SIGNAT URE AND T IT LE OF CERT IFYING OFFICER

INSPECT ED RECEIVED ACCEPT ED, AND CONFORMS T O T HE

CONT RACT EXCEPT AS NOT ED

37. RECEIVED AT 38. RECEIVED BY 39. DAT E RECEIVED

(YYYYMMMDD)

FA800318A0001

1. CONTRACT/P URCH. ORDER/

AGREEMENT NO.

* If quantity accepted by the Government is same as quantity accepted below quantity ordered and encircle.

DELIVERY/16.

14. SHIP T O

FA8057

DD Form 1155, JAN 1998 (EG) PREVIOUS EDIT ION MAY BE USED.

SEE SCHEDULE

2. DELIVERY ORDER/ CALL NO.

19PAGE 1 OF

5. PRIORITY

CODE

8. DELIVERY FOB

DEST

OT HER

(See Schedule if other)

MARK IF BUSINESS IS11.

SMALL

SMALL

DISADVANTAGED

WOMEN-OWNED

MARK ALL

PAC KAGES AND

PAPERS WITH

IDENTIFICATIO N

NUMBERS IN

BLO CKS 1 AND 2.

23. AMOUNT

27. SHIP NO. 28. DO VOUCHER NO.

PART IAL

FINAL

32. PAID BY 33. AMOUNT VERIFIED

CORRECT FOR

31. PAYMENT

COMPLET E

34. CHECK NUMBER

PART IAL

FINAL 35. BILL OF LADING NO.

40. T OT AL

CONT AINERS

41. S/R ACCOUNT NO. 42. S/R VOUCHER NO.

ORDER FOR SUPPLIES OR SERVICES

3. DATE OF ORDER/CALL

2018 Oct 01

4. REQ./ P URCH. REQUEST NO.

SEE ITEM 6

FACILIT Y 10. DELIVER TO FOB P OINT BY (Date)

SEE SCHEDULE

12. DISCOUNT TERMS

Net 30 Days

13. MAIL INVOICES T O T HE ADDRESS IN BLOCK

See Item 15

15. PAYMENT WILL BE MADE BY CODE

SPECIFIED ON BPA CALL

SPECIFIED ON BPA CALL

ASSIGNED AT DO LEVE AA 00000-0000

This delivery order/call is issued on another Govt. agency or in accordance with and subject to terms and conditions of above numbered contract.

T YPE CALL

OF PURCHASE

ORDER

SEE SCHEDULE

X

7. ADMINIST ERED BY

771 ESS/EGC

1940 ALLBROOK DRIVE

BUILDING 1

WRIGHT PATTERSON AFB OH 45433-5006

24. UNITED STATES OF AMERICA

TEL:

EMAIL:

CONTRACTING / ORDERING OFFICER

quantity ordered, indicate by X. If different, enter actual

BY:

1If this box is marked, supplier must sign Acceptance and return the following number of copies:X

NAME OF CONT RACT OR SIGNAT URE T YPED NAME AND T IT LE

(YYYYMMMDD)

DAT E SIGNED

ACCEPT ANCE. T HE CONT RACT OR HEREBY ACCEPT S T HE OFFER REPRESENT ED BY T HE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT T O ALL OF T HE T ERMS

AND CONDIT IONS SET FORT H, AND AGREES T O PERFORM T HE SAME.

Reference your quote dated

Furnish the following on terms specified herein. REF:

20. QUANT IT Y

ORDERED/

ACCEPT ED*

21. UNIT 22. UNIT PRICE

DIFFERENCES

29.

30.

INIT IALS

Attachment 8 - 30 Jul 2018 revision

FA800318A0001

Section B - Supplies or Services and Prices

BPA Master Dollar Limit: $80,000,000.00 BPA Call Limit: $0.00

Period of Performance: 01-Oct-2018 to 30-Sep-2023

FSC Codes:

Section I - Contract Clauses

SCHED 71

All GSA Schedule 71 Clauses and associated clauses shall be applicable to this BPA.

CLAUSES INCORPORATED BY REFERENCE

52.204-17 Ownership or Control of Offeror JUL 2016 52.204-20 Predecessor of Offeror JUL 2016 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.219-13 Notice of Set-Aside of Orders NOV 2011 52.232-29 Terms for Financing of Purchases of Commercial Items FEB 2002 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 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control of Government Personnel Work Product JUN 2014 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

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.215-7008 Only One Offer OCT 2013 252.219-7003 Small Business Subcontracting Plan (DOD Contracts)--Basic MAR 2016 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2017)

DEC 2017

252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

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

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

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

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

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

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

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

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

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

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

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

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

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

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

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

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

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

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

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

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

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

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

X (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

X (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

X (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

X (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

X (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

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

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C.

3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

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

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

_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

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

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

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

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

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

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

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

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

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

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

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

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

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

(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Combo

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

__To Be Assigned for each call;__

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC ___To Be Assigned for each call;_____ Issue By DoDAAC ____To Be Assigned for each call;____ Admin DoDAAC ____To Be Assigned for each call;____ Inspect By DoDAAC ____To Be Assigned for each call;____ Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

___To Be Assigned for each call;_____

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

____To Be Assigned for each call;____

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

5352.201-9101 OMBUDSMAN (JUN 2016)

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

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

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Director, Air Force Installation Contracting Agency (AFICA)/KP, 1940 Allbrook Dr., Bldg. 1, Door 24, Wright- Patterson AFB, OH 45433, Phone: 937-257-5529. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

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

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

(End of clause)

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (NOV 2012)

a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]

(End of clause)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional requirements to comply with local security procedures (will be provided at time of call)] to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management(will be provided at time of call)] citing the appropriate paragraphs as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

Section J - List of Documents, Exhibits and Other Attachments

BPA TERMS AND CONDITIONS

BPA TERMS AND CONDITIONS

All terms and conditions herein are supplemental to the existing terms and conditions of GSA’s Schedule 71.

1. Description of Agreement: The contractor shall furnish quotes in accordance with Attachment 5 – Pricing Matrix when requested in writing by the warranted Contracting Officer (CO) or authorized Government Purchase Card (GPC) holder via GSA eBuy. Items within the Attachment 5 – Pricing Matrix shall be on the Contractor’s GSA schedule at time of award and throughout the duration of the BPA. Items not contained within Attachment 5 – Pricing Matrix shall not be accepted in orders placed against this Agreement.

2. Duration of BPAs: The anticipated ordering period for the subject agreement is five consecutive years (01 OCT 18 – 31 SEP 23) . Delivery against Calls may extend beyond the effective period of this BPA. However, no new Calls may be issued once the five (5) year ordering period of this BPA has expired.

Additionally, should a Contractor’s GSA Schedule 71 contract expire during the ordering period, the BPA expires on the same date as the GSA Schedule contract, and no new Calls may be accepted after that date. In accordance with FAR 8.405-3(d)(3), Contractors may be awarded BPAs that extend beyond the current term of their GSA Schedule contract, so long as there are option periods in their GSA Schedule contract that, if exercised, will cover the BPA's period of performance. The Government reserves the right to cancel the BPA at any time by issuing a 30 day written notice of such to the BPA holder from the CO.

3. Extent of Obligation: The Government is obligated only to the extent of authorized purchases made under the BPA. This BPA shall not be construed as a guarantee by the Government to issue Calls/orders.

4. Individuals authorized to purchase under the BPA: The only individuals authorized to place Calls against this BPA are warranted COs and authorized GPC holders up to their purchase limitations. Calls may be placed by the following organizations:

a. Air Force Installations – CONUS and Hawaii and Alaska

b. Air Force Reserve Command/Air National Guard– CONUS

c. United States Army Corps of Engineers (USACE) – when supporting AF customers

Contractors shall NOT accept any order forms that have not been digitally signed at the top of the ordering form. This signature validates the caller is a warranted CO or authorized GPC holder.

** Note that the Air Force reserves the right to add additional authorized users, if necessary.

This may include other branches of the military or other government agencies. Any such changes will be discussed with Contractors in advance prior to being made effective.

5. Delivery: Each chair shall be properly marked, in a hidden but readily available location, with manufacturer’s name, part number, BPA number, BPA call number, and the month and year of delivery or provide serial numbers that would provide this information. The Contractor shall ensure all owners’ manuals, training material addressing the ergonomic features and adjustments of seating, warranty information, maintenance and care instructions, operating instructions, and any other information/documentation is provided to the accepting government representative upon completion of the installation.

Contractors shall meet delivery requirements of AF customers. The expected delivery schedule at the Call/order level is 45 days after placement of order, unless otherwise stated.

If there are any delivery issues, Contractors shall proactively address them with customers and/or the AF Office Seating Program CO. Contractors shall provide notification to the government ordering representative at least 5 days prior to delivery. The Contractor shall be responsible for all damages incurred during shipping and installation. Contractor shall unload truck or delivery vehicles; remove office seating from packaging or boxes; perform all required assembly in accordance with the manufacturer’s instructions; place office seating in building(s); and remove and dispose of all refuse, waste, and debris. Contractor shall be responsible for all personnel, equipment, tools, materials, supervision, storage, assembly, transportation, incidentals and all other items necessary to provide and deliver office seating.

Contractor shall ensure that the seating is free of surface dirt and defects, and that the chair assembly is complete and the seating is ready to use. Contractors are not to use protective materials that will leave any type of residual print, outline, or imaging on seating or seating fabric.

6. Delivery Tickets: All shipments under this Agreement shall be FOB Destination and accompanied by delivery tickets that shall contain the following information:

a. Name of supplier;

b. Name of manufacturer;

c. BPA number;

d. Purchase/call number;

e. Itemized list of items furnished;

f. Date of delivery or shipment;

g. Receiving Office/Unit.

7. Invoices: Contractor shall submit an invoice for each Call/order placed through Wide Area Work Flow (WAWF) in accordance with DFARS 252.232-7006 Wide Area Work Flow Payment Instructions, May 2013. Invoicing information will be established at the Call level.

8. Contractor Reporting: Contractor shall submit, quarterly reports, on a government fiscal year’s quarterly basis on the following days (15 Jan, 15 Apr, 15 Jul, and 30 Oct).

Instructions, including the delivery address and point(s) of contact, are located on Attachment 6 – Quarterly Reporting CDRL.

9. Warranties: Contractor shall provide all manufacturer warranties. Please note that the Contractor shall ultimately be responsible for ensuring that warranty work is successfully completed for any furniture items purchased under the BPA. If the contractor offers a manufacturer warranty that exceeds the 10 year minimum warranty required in the BPA, then the warranty offering the longest time of coverage will be honored and enforced by the contractor. Warranty actions taken will be discussed during annual reviews.

10. Annual Review: The CO will review the BPA agreement on an annual basis for any changes or updates that could affect the agreement. Up to 30 days prior to the annual review, Contractors will be allowed to submit chair substitutions offered at the same price or less.

Any chair substitution will be subject to meeting all requirements for that particular chair type. At annual review the CO will approve/reject submissions.

11. Nonmanufacturer Rule (NMR): The NMR applies to this acquisition. Contractors must be in compliance as a waiver or exception to the NMR is not applicable to these BPAs. See CFR

121.406 and FAR 19.502-2 for more information.

12. Price Adjustments: While the underlying GSA Schedule contract may permit price increases to pricing of the GSA’s schedule agreed upon prices, GSA’s agreement to increase prices under the GSA schedule does not bind the AF to permit price increases to the NTE prices competed and awarded under this RFQ. For example, if there is an extreme increase (or decrease) in the price of steel and/or plastic, the Government will determine if it is appropriate to provide all vendors similar adjustments to their NTE prices done at the discretion of the CO.

13. Cancellation of BPA: At the Government’s discretion, the Government may cancel the BPA at any time by notifying (in writing by letter or email) the awarded Contractor at least 30 days in advance. BPA cancellation does not release the Contractor from the duty to continue awarded Call performance. Ongoing orders shall be completed. Termination procedures for Calls are addressed in the underlying Schedule contract and FAR 8.406-4 and 8.406-5.

14. Program Performance Standards: This is an Air Force-wide strategic sourcing program.

Success is contingent upon successful performance of all Contractors within the program.

Not meeting these performance standards can be grounds for BPA cancellation at the CO’s discretion. Specifically, the AF expects the following performance standards to be met by Contractors throughout the entirety of their BPAs:

a. Data reporting. Contractors shall submit complete, accurate, and timely data reports in accordance with the quarterly data reporting requirements of the BPA. Quality data is necessary for making future decisions and improvements regarding the AF Office Seating Program. The quarterly reporting CDRL (Attachment 6 – Quarterly Reporting CDRL) is not separately priced and will be included in the chair price list.

b. Quality. Contractors shall ensure product quality is maintained throughout the performance of the BPA and only provide the approved products in Attachment 5 – Pricing Matrix.

c. Customer Service: Immediate customer service (Sales, delivery, product questions, warranty, and product servicing) to all CONUS locations and regions shall be available during standard business hours for those locations. The Contractor shall satisfy all customer’s reasonable complaints in a timely and professional manner.

15. Call Ordering Procedures: The following ordering procedures apply to all Calls issued under this BPA. Any chairs furnished under this BPA will be ordered by issuance of Calls via GSA eBuy. In addition:

a. Only a warranted CO or authorized GPC holder can issue a Call under this BPA.

b. All Calls are subject to the terms and conditions of the BPA and the underlying GSA

Schedule. In the event of conflict between a Call and the BPA, the BPA will take precedence.

c. Under this BPA, Call/order level awards are Fixed Price.

d. Shipping/Delivery costs will be priced at the Call/order level (FOB Destination).

e. No work shall be performed and no payment will be made except as authorized by a

Call. The Contractor shall not proceed with any work pursuant to this section until a written Call is issued by the appropriate CO or GPC holder.

f. Call award(s) will be made to the Contractor whose quote is determined to be the lowest price. The Government’s selection decision on each Call evaluation shall be final.

g. Calls will be generated and distributed using GSA eBuy. However, the Government reserves the right to transition to other e-ordering portals that may arise in the future.

Should a different e-ordering portal become a viable option and the AF transitions from GSA eBuy, Contractors will be required to transition to the new e-ordering portal since it is a term and condition of the BPA. Contractors will be required to adhere to the terms of the new e-ordering portal if it occurs. Should transition to a new e-ordering portal occur during the BPA, Contractors shall upload their products and pricing to the new e-ordering portal.

h. All pricing at the Call/order level must be at or below the BPA NTE Price/Chair for the product as identified in Attachment 5 – Pricing Matrix, regardless of the number of chairs ordered. Further discounting below the NTE price is encouraged at the Call/order level.

i. In accordance with FAR 8.405-1(b), ordering activities may place orders at, or below, the micro-purchase threshold with any Federal Supply Schedule contractor that can meet the Agency's needs.

16. Point of Contact: The primary point of contact for this BPA is listed below. Address all questions or concerns to this work flow mailbox:

AF Office Seating Mailbox

Enterprise Sourcing Squadron

771 ESS/EGC

1940 Allbrook Drive, Bldg 1, Suite 300 Wright-Patterson AFB, OH 45433

Email: AFICA.Office.Seating@us.af.mil

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY FULL TEXT

252.225-7000 BUY AMERICAN--BALANCE OF PAYMENTS PROGRAM CERTIFICATE--BASIC (NOV

2014)

(a) Definitions. Commercially available off-the-shelf (COTS) item, component, domestic end product, foreign end product, qualifying country, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state, South Caucasus/Central and South Asian (SC/CASA) state end product, and United States, as used in this provision, have the meanings given in the Buy American and Balance of Payments Program--Basic clause of this solicitation.

(b) Evaluation. The Government--

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program-- Basic clause of this solicitation, the offeror certifies that--

(i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror certifies that the following end products are qualifying country end products:

___ (Line Item Number Country of Origin)

___ (Country of Origin)

(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'':

(Line Item Number) ___

(Country of Origin (If known)) ___

(End of provision)