SOLICITATION_CLAUSES_F108-201_MEC.docx

ATTACHMENT D

The following FAR provisions and clauses apply to this solicitation and are incorporated by reference.

FAR 52.203-3 Gratuities (Apr 1984) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995), (41 U.S.C. 253g and 10 U.S.C. 2402) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015) FAR 52.204-19 Incorporation by Representation and Certificates (Dec 2014) FAR 52.209-6 Protecting The Government Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)(31 USC 6101 note) FAR 52.209-7 Information Regarding Responsibility Matters (Apr 2010) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) FAR 52.211-5 Material Requirements (Aug 2000) FAR 52.211-8 Time of Delivery (Jun 1997) FAR 52.212-4, Contract Terms and Conditions-Commercial Items (May 2015) FAR 52.212-5, Contract Terms and Conditions Required to Implements Statues or Executive Orders-Commercial Items (Oct 2015);

FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive preference, it shall so indicate in its offer) (15 USC 657a) FAR 52.219-6 Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644) FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jan 2014) FAR 52.222.21 Prohibition of Segregated Facilities (Apr 2015);

FAR 52.222-26, Equal Opportunity (Apr 2015);

FAR 52.222-35 Equal Opportunity for Veterans (Oct 2015) FAR 52.222-36, Affirmative Action for Workers with Disabilities (Jul 2014);

FAR 52.222-37, Employment Reports on Veterans (Oct 2015);

FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010);

FAR 52.222-50 Combating Trafficking in Persons (Mar 2015);

FAR 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-1 Buy American—Supplies (May 2014) FAR 52.225-2 Buy American Certificate (May 2014) FAR 52.225-13 Restriction on Certain Foreign Purchases (Jun 2008);

FAR 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Jul 2013);

FAR 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013);

FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013);

FAR 52.243-7 Notification of Changes (Apr 1984);

FAR 52.245-1 -- Government Property (Jan 2017);

FAR 52.245-9 -- Use and Charges (Apr 2012);

DFARS 252.245–7001 Tagging, Labeling, and Marking of Government-Furnished Property (Apr 2012);

DFARS 252.245-7002 Reporting Loss of Government Property (Dec 2017);

DFARS 252.245-7003 Contractor Property Management System Administration (Apr 2012);

DFARS 252.245-7004 Reporting, Reutilization, and Disposal (Dec 2017);

FAR 246-2 – Inspection of Supplies – Fixed – Price (Aug 1996);

FAR 246-11 – Higher-Level Contract Quality Requirement (Dec 2014);

FAR 52.247-1 Commercial Bill of Lading Notations (Feb 2006) FAR 52.247-30 F.O.B. Origin, Contractor’s Facility (Feb 2006);

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) FAR 52.252-3 Alterations in Solicitation (Apr 1984) FAR 52.252-4 Alterations in Contract (Apr 1984) FAR 52.252-5 Authorized Deviations in Provisions (Apr 1984) FAR 52.252-6 Authorized Deviations in Clauses (Apr 1984) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013) DFARS 252.203-7999 Prohibition on Contracting with Entities That Require Certain Internal Confidentiality Agreements (Deviation 2015-O0010) (Feb 2015) DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors (Feb 2014) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (Dec 1991) DFARS 252.209-7010 Critical Safety Items (Aug 2011) DFARS 252.211-7003 Item Identification and Valuation (Dec 2013) DFARS 252.223-7008, Prohibition of Hexavalent Chromium (Jun 2013) DFARS 252.225-7001, Buy American Act and Balance of Payments Program (Nov 2014);

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2012) DFARS 252.225-7012 Preference for Certain Domestic Commodities (Feb 2013) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Sep 2004) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) DFARS 252.232-7010 Levies on Contract Payments (Dec 2006) DFARS 252.243-7002 Requests for Equitable Adjustment (Dec 2012) DFARS 252.244-7000, Subcontractors for Commercial Items (Jun 2013);

DFARS 252.247-7023 Transportation of Supplies by Sea (Apr 2014) DFARS 252.247-7028 Application for US Government Shipping Documentation/Instructions (Jun 2012) AFFARS 5352.201-9101 Ombudsman (Apr 2014) (IAW AFFARS 5301.9103)

The Following is fill-in data for Clause 52.212-5 para (b)(22):

FAR 52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013) DFARS 252.211-7003 Item Unique Identification and Valuation (Dec 2013) DFARS 252.232-7006 Wide Area Work Flow (May 2013) FAR 52.246-11 Higher-Level contract Quality Requirement (Dec 2014) (IAW FAR 46.311, DFARS 246.202-4(1)) ISO 9001-2000 or AS9100 Applicable FAR 52.246-16 Responsibility for Supplies (Apr 1984) (IAW 46.316) FAR 52.247-29 FOB Origin (Feb 2006) (IAW FAR 47.303-1(c)) FAR 52.247-30 FOB Origin, Contractors Facility (Feb 2006) (IAW FAR 47.303-2(c)) FAR 52.247-65 FOB Origin Pre-Paid Freight-Small Package Shipments (Jan 1991) (IAW FAR 47.303-17(f))

SOLICITATION PROVISIONS

REPRESENTATIONS, INSTRUCTIONS AND EVALUATIONS

DFARS 252.203-7005 Representation Relating to Compensation of Former DOD Officials (Nov 2011) DFARS 252.204-7011 Alternative Line-Item Structure (Sep 2011) FAR 52.212-3 Offeror Representations and Certifications—Commercial Items—Alt.I (Oct 2014) A completed copy of the Offeror Representations and Certifications must be included with the proposal unless the offeror is registered in ORCA;

DFARS 252.215-7008 Only One Offeror (Oct 2013)

ADDENDUM TO PROVISION 52.212-1

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (Oct 2015)

Instructions to Offerors -- Commercial Items (Oct 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is 336412 and less than 1000 employees. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

(2)

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

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

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

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

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

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

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

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

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

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

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

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925) Facsimile (202 619-8978).

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

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

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

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

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

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

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

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

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

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

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

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

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

(4) A summary of rationale for award;

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

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

FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (Oct 2014)

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

1. Technical capability of the item offered to meet the Government requirement

1. Past Performance

1. Cost/Price

Technical and past performance when combined, are significantly less important than cost or price.

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

FAR 52.204-16 Commercial and Government Entity Code Reporting (Jul 2015)

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Aug 2015) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Sep 2015) FAR 52.207-4 Economic Purchase Quantity—Supplies (Aug 1987) FAR 52.209-7 Information Regarding Responsibility Matters (Apr 2010) DFARS 252.209-7999 Representation By Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony conviction Under Any Federal Law (Deviation 2016-O0004) DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in past Performance Evaluations (Jun 2015)

(End of clause)

252.216-7006 Ordering.

As prescribed in 216.506(a), use the following clause:

ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from 01 Oct 2018 through 31 Mar 2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

52.216-21 -- Requirements.

As prescribed in 16.506(d), insert the following clause:

Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 Sep 2025.

(End of Clause)

52.217-8 -- Option to Extend Services.

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days prior to the end of the existing period of performance

52.217-9 -- Option to Extend the Term of the Contract.

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days prior to the end of the existing period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

DFARS 252.222-7007 Representation Regarding Combating Trafficking in Persons (Jan 2015) FAR 52.225-18 Place of Manufacture (Mar 2015) FAR 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification (Oct 2015) DFARS 252.225-7000 Buy American Act-Balance of Payments Program Certificate (Nov 2014);

DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (Dec 2014) FAR 52.247-46 Shipping Points(s) used in Evaluation of FOB Origin Offers (Apr 1984) FAR 52.247-47 Evaluation-FOB Origin (Jun 2003)