fn1461_seating_sol.pdf
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- Attached to
- Ergomonic Seating Components
- Solicitation number
- FN1461-18
About this file
This solicitation requests office seating components. The Department of Justice Bureau of Prisons Correctional Facilities seeks 500 ergonomic seating units. Offerors must submit responses by October 29, 2018. The award will be a small business set-aside for a NAICS code of 337214, with a size standard of 1000 employees. The solicitation incorporates FAR provisions for commercial items and advises offerors to include terms for net 15 day payment on small business orders and net 30 days for large businesses. UNICOR Federal Prison Industries is identified as the incumbent.
Solicitation
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Other files
| File | Type | Posted |
|---|---|---|
| FN1461_Q&A.pdf | ||
| AMD1_fn1461-18_Q&A.pdf | ||
| FN1461-18_seating_Workbook.xlsx | XLSX spreadsheet | |
| FN1461-18_Workbook.xlsx | XLSX spreadsheet |
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Text version
SOLICITATIONICONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 5000042652
2. CONTRACT NO. 3, AWARD/EFFECTIVE 14. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE DATE
FN1461-18 09/28/2018
a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/
7. FOR SOLICITATION calls) LOCAL TIME
INFORMATION CALL: 10/29/2018
Tatea R. Cavanaugh 202-305-7302 10:00 am
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR ESETASIDE’ % FOR:
WOMEN-OWNED SMALL BUSINESSUNICOR Federal Prison Industries SMALL BUSINESS LI (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
400 First Street NW - 7th Floor HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:
Room 7012 BUSINESS
EDWOSB 337214
r9 SERVICE-DISABLEDWashington, DC 20534
LJVETERANOWNED SIZE STANDARD:
SMALL BUSINESS 8 (A) 1000 employees
11. DELIVERY FOR FOB DESTINA- 112, DISCOUNT TERMS I13b. RATING
TION UNLESS BLOCK IS I 13a. THIS CONTRACT IS A I MARKED I Net 15 Small Bus. RATED ORDER UNDER I
I Net 30 Large Bus. DPAS (15 CFR 700) 14. METHOD OF SOLICITATION
LI SEE SCHEDULE I DRFQ DIFB DRFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
Tatea R. Cavanaugh 400 First Street NW - 7th Floor Washington, DC 20534
17a, CONTRACTOR? CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE
OFFEROR CODE
UNICOR FPI
CENTRAL ACCOUNTS PAYABLE
P0 BOX 11849
LEXINGTON KY 40578-1 849
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b, SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK OFFER BELOW IS CHECKED fl SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
1 5x4 500 j 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52 212-1, 52.212-4. FAR 52.212-3 AND 52 212-5 ARE ATTACHED. ADDENDA fj ARE ARE NOT ATTACHED
27b CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52 212-4 FAR 52 212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 29. AWARD OF CONTRACT: REF.
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED. . YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type orpnnt) 30c, DATE SIGNED 31b, NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
I MLS-<ILhU hUH LULAL KHHUUUU IUN STANDARD FORM 1449 (REV. 2/2012) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53 212
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; offers are being requested and a written solicitation will not be issued. The solicitation number is fN1461-18 and this solicitation is issued as a Request For Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-100 - 08-22-2018. The North American Industry Classification System code is 334214. This requirement is unrestricted.
UNICOR, federal Prison Industries, Inc., intends to enter into a five-year, finn-fixed-price, indefinite delivery-indefinite quantity supply contract for Ergonomic seating components.
Federal Prison Industries (FPI), which operates under the trade name UNICOR, is a wholly-owned Government Corporation within the Department of Justice, under the Federal Prison System. The Corporation was created by Congress in 1934, and provides employment, education, and training opportunities to inmates under Federal custody. UNICOR operates approximately 99 factories in over 64 locations. Its production lines are extensive and include over 250 different products and services sold to other Federal Agencies and the Department of Defense.
GENERAL INTENTION: It is the intent of this solicitation to result in a one (1) base year with four (4) option years, if exercised, Indefinite Delivery Indefinite Quantity Type Contract for Ergonomic seating components to be delivered to:
UNICOR, USP Allenwood Federal Prison Industries Route 15 South White Deer, PA 17887
UNICOR, fCI Beckley 1600 Industrial Park Road Beckley, WV 25813
The period of performance will be as follows if option years are exercised:
Base Year — January 2, 2019 through January 1, 2020
Option Year One - January 2, 2020 through January 1, 2021
Option Year Two - January 2, 2021 through January 1, 2022
Option Year Three - January 2, 2022 through January 1, 2023
Option Year Four - January 2, 2023 through January 1, 2024
Guaranteed Minimum is S 10,000.00 over the duration of the contract, inclusive of any exercisedoption years
Solicitation number is FN I 461—18 and this solicitation is issued as a Request For ProposaltRFP).
ihe lo1!o me inhrmaiion pertains to the Standard Form I 44o) Solicitation:
0MB 1 103-0018
The offer acceptance period is 90 calendar days.
Block 25, Funds (1 5X4500) will he obligated by each delivery order and not by the contractitself.
Block 3 lb. Tatea Cavanaugh, Contracting Officer
Notes:
Offerors shall submit signed and dated offers to Tg and the emailsubject line shall reference Solicitation FN 1461-18 . Offerors may also submit proposals via faxat 352-330-8162
All solicitations (also future procurement) and any other information (amendments, etc.) may beobtained through FedBizOps at www.tho.gov
Questions regarding this requirement shall be addressed in writing to Tatea Cavanaugh atTatea.caaghgsdj.gpv. At no time shall offerors contact factory or central office staffwith questions regarding this solicitation. All questions SHALL be addressed in writing to and NO questions will be answered via telephone. The deadlinedate for submission of questions is Thursday October 11, 2018 at 10:00 am. No questions willbe answered after this date. Responses to questions will he answered in an amendment that willbe posted to fedbizops after October 11, 201 8
All offerors must complete the following information prior to submission of offer to beconsidered for award, in addition to the requirements of Section L:
Pricing to be completed on spreadsheets provided in Section B. Pricing shall include allcomponent parts required to fully assembly the chairs in our manufacturing facilities at FCCAllenwood and FCI Beckley. Pricing shall also include any enhancements to the chair. Pricingshall be formatted as a Bill of Material for an entire chair that includes vendor part number,description (including identifying any parts as structural), price of each component part and anyenhancement, warranty and volume discounts.
Offerors shall submit schematic drawings depicting a breakdown of the chair into each of its individual component parts and a cross reference to the Bill of Material so that the cost of each part can be determined.
SAM registration at
DUNS NUMBER____________
TIN Number______________
Business Management Questionnaire
All offerors must complete the Business Management questionnaire with three references from the past three (3) to five (5) years that are same or similar in scope to this requirement.
Product descriptive literature. Offerors are to provide descriptive literature with written proposal of all products they are proposing.
Failure to provide above information may result in offeror not receiving an award. All offerors must acknowledge all amendments, if any. Offers received after the exact time and date specified will not be considered.
NOTE: UNICOR may add other factories or materials to contract at a later date through a modification to the awarded contract.
NAICS CODE ASSOCIATED WITH THIS SOLICITATION IS 337214 and size standard is 1,000 employees
DESCRIPTION/STATEMENT Of WORK
Offerors will provide components for a comprehensive ergonomic Office style seating line and must demonstrate a record of actual performance or accomplishment in the manufacturing of seating. [JNICOR defines ergonomic seating as office furniture that is designed and intended to maximize productivity by minimizing operator fatigue and discomfort with either passive or dynamic ergonomic features. This seating line will become part of FPI’s office seating program.
As such it is critical that these chairs offer a marketable combination of price, aesthetics, comfort and features to be used in offices, systems work stations, lab areas and conference rooms. The chairs should successfully maintain a family appearance, be attractive and contemporary with today!s design, features and adjustability. In addition, the chairs shall be compatible with the commercial office industries marketplace of seating products lines and offer long term comfort and durability. Customers will utilize some of these chairs as their primary seating, so the chair must be comfortable and rated for a minimum of an 8-hour shifts. Some customers also require heavy duty use options for 24/7 use and performance.
In addition, offerors manufacturing facilities including any subcontractors must be ISO 9001 certified or equivalent at time of submission of offers. All processes involved in the seating lines production shall be completely documented by providing the ISO certification with written proposal. If offerors are not ISO certified they must submit an equivalent to the ISO certification at time of submission of offer.
The various styles of seating should have a minimum structural integrity of 10 -15 years.
Seating shall have at a minimum 10 years parts and durability warranty. The definition of Structural Integrity shall also apply for purposes of the warranty under ‘parts and durability.”
Under no circumstance will Structural Integrity be considered adequate or even tolerable if the structure has a known history of failure in a manner that could contribute to injury (or has actually caused or contributed to injury) of anyone.
Offerors shall submit pricing for the following categories:
Task Seating - Medium and High Back Models Guest/Side chairs Stackable Seating Conference Room Seating Executive / Managerial Task Seating (5-star Base) Heavy Duty / 24/ 7 Use Seating (5-star Base) Big and Tall Seating (5-star Base) Stool style Seating
Product Documentation:
The contractor(s) will provide, at no cost to FPI, all product documentation for all products under this contract. Including, but not limited to any new products within the scope of this contract.
Product documentation includes dimensioned engineering prints, assembly drawings, bills of materials, and sources/costs of purchased parts.
If an offeror provides information that is proprietary, it must mark that information as such on its proposal and the government will protect that information in accordance with FAR 2.10 1(2) Confidentiality and FAR 3.104-1 Definitions.
Product documentation will become part of this contract by contract modification as it becomes available. Any and all product changes shall be approved by FPI Program Manager, Dennis Merrion or his designee prior to implementation. Offerors shall notify FPI in writing at least 30 days in advance of any proposed changes. All changes will be approved by the Program Manager and a contract modification will be issued to reflect changes to the contract. UNICOR requires 30 day’s notice to provide adequate notification to our customers of a change in future products they may order and allow our factories and Product support center time to make changes in SAP.
Description Exploded Views of construction (including identifying any parts as structural or replacement)
Schematic drawings depicting a breakdown of the chair into each of its individual component parts by color finish etc.
Product descriptive literature of all products they are proposing and would be supplying under this solicitation.
Product Drawings in CAD fonu matt (.dwgfile)
The ANSI/BIFMA standards are intended to provide manufacturers, specifiers, and users with a common basis for evaluating safety, durability, and the structural adequacy of the specified furniture, independent of construction materials.
The Standard for General Purpose Office Chairs X5.1 -2017 provides the basis for the evaluation of Office Seating product performance.
The assembled chair and all components must meet or exceed appropriate ANSI/BIFMA X5.l- 2017 Standards for Office Chairs.
The ANSI/BIFMA X5.1-2017 Standard makes reference to worst-case-condition as well as excessive, heavy, and abusive forces. Therefore, testing shall be conducted at the limits of tolerances and using worst-case conditions as allowed within the ANS I/B IfMA X5. 1-2017 Standard. UNICOR shall be provided copies of testing procedures, photographs of equipment setups, calibration records, raw test data, test results, test samples, and any other information requested. In the case of a difference of opinion regarding ANSI/BIFMA X5. 1-2017 UNICOR/OFG will make the final determination.
Specific ANSI/BIFMA X5,1-2017 tests:
BACKREST STRENGTH TEST STATIC TYPE I
BACKREST STRENGTH TEST STATIC TYPE II AND III
BASE TEST STATIC TYPE I, II AND III
DROP TEST DYNAMIC TYPE 1,11 AND III
SWIVEL TEST CYCLIC TYPE 1,11 AND III
TILT MECHANISM TEST CYCLIC TYPE I AND II
SEAT1I.TG DURABILITY TEST CYCLIC TYPE I, II AND III
STABILITY TEST TYPE I, II AND III
ARM STRENGTH TEST VERTICAL STATIC TYPE 1,11 AND III
ARM STRENGTH TEST HORZONTAL STATIC TYPE 1,11 AND III
BACKREST DURABILITY TEST- CCYCLIC TYPE I
BACKREST DURABILITY TEST CYCLIC TYPE II AND III
CASTER/CHAIR BASE DURABILITY TEST CYCLIC TYPE I, II AND III
LEG STRENGTH TEST FRONT AND SIDE APPLICATION TYPE I, II AND III
FOOTREST DURABILITY TEST- VERTICAL CYCLIC TYPE I, II AND III
ARM DURABILITY TEST CYCLIC TYPE I, II AND III
OUTSTOP TESTS FOR CHAIRS WITH MANUALLY
ADJUSTABLE SEAT DEPTH TYPE I, II AND III
UNICOR request offeror to provide information on packaging materials, vendors and shipping procedures so that we may ship to our customers in the same manner as the awarded offeror.
This information shall include but not limited to packaging, boxing, wrapping and labeling.
This information shall not be included in the pricing of the chair components. UNICOR presently has a packaging contract and we are looking to enhance our packaging procedures to eliminate shipping damages. Information requested is as follows: box specification, sizes, inserts, volume and packaging inventory per chair line or model.
PACKAGING AND MARKING
fPI 1000D PACKAGING AND MARKING Supplement: LCL APPR
Preservation, packaging, and marking for all items covered by this contract shall be in accordance with commercial practice and adequate to insure acceptance by common carrier and safe arrival at destination. The contract number should be on or adjacent to the exterior shipping label. Each package received must be marked for type and quantity. A Certificate of Conformance must accompany each shipment. ALL SHIPMENTS RECEIVED WITHOUT A
CERTIFICATE OF CONFORMANCE (COC) WILL NOT BE PROCESSED FOR PAYMENT
UNTIL A COC IS PROVIDED.
All shipments should be labeled as follows:
a. Vendor name
b. Purchase Order number and/or Contract number
c. Item description
d. Item quantity and weight
e. Other pertinent information
Due to the volume of trucks that may come through any given UNIOCR warehouse, it is sometimes necessary to make an appointment, therefore warehouse at respective factory should be notified 24 hours prior to delivery to schedule delivery time. Appointments can be scheduled via phone call or fax. Request for appointment shall include point of contact, phone number, fax number and email address.
Delivery hours are as follows:
Delivery hours are Monday through Friday, 8:00 am to 2:30 pm, excluding Federal Holidays.
A CERTIFICATE OF CONFORMANCE MUST ACCOMPANY EACH SHIPMENT OF THIS
ITEM OR ITEMS FOR RECEIPT AND PAYMENT.
Additional Packaging: UNICOR request offeror to provide information packaging materials and vendors and shipping information so that we may ship to our customers in the same manner as the awarded offeror ships to their commercial customers. This information to included but not limited to packaging, boxing, wrapping and labeling.
This information shall not be included in the pricing of the chair components. UNICOR presently has a packaging contract and we are looking to enhance our packaging procedures to eliminate shipping damages. Information requested is as follows: box specification, sizes, inserts, volume and packaging inventory per chair line or model.
INSPECTION AND ACCEPTANCE
52.246-16 Responsibility for Supplies. APR 1984 52.246-15 Certificate of Conformance
Certificate of Conformance (Apr 1984)
(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Governments right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.
(b) The Contractors signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration is performed by the Contracting Officer or his/her designee. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.
(c) The Government has the right to reject defective supplies or services within a reasonable time afier delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractors expense.
(d) The certificate shall read as follows:
I certify that on
[insert date], the
[insert Contractors name] furnished the supplies or services called for by Contract No.______ via
[Carrier] on
[identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.
Date of Execution:
Signature:
Title:
DELIVERIES OR PERFORMANCE
FPI 1000F1 DELIVERY ORDER
Supplement: LCL APPR
Delivery Orders can be submitted to offerors via fax or email. UNICOR does not mail delivery orders. Order confirmation shall be signed and dated in blocks 30a, b and c of the delivery order and confirmation shall be returned to the contracting officer within 24 hours of order receipt.
Vendors confirmation of orders is an acknowledgment that order is issue in accordance with the contract, i.e. pricing, delivery.
Order confirmation containing the following information must be emailed to Linda Kerr@usdoj.gov or efax 352-330-8140 and/or Tatea.cavanauhusdoj.gov or efax at 352-330-
a. Date of order
b. Contract number and order number
c. Item number and description, quantity, and unit price
d. Delivery or performance date
e. Place of delivery
f. Shipping instructions
g. Accounting data
h. Any other pertinent information
Delivery lead time on all award lots will be 21 calendar days from receipt of purchase order
FPI 1000f2 TIME OF DELIVERY/DELIVERY SCHEDULE Supplement: LCL APPR
16.505(a) and the clause located in FAR 52.216-18 entitled “Ordering” and included in Section I, of this contract, any supplies and/or services to be furnished under this contract shall be ordered by issuance of delivery orders by individuals listed below:
PRIMARY:
Tatea R. Cavanaugh, Sr. Contracting Officer, UNICOR OFG, Central Office, 202-305-7302, fax 202-353-7794, Tatea.cavanaugh(Ziusdoj . gov
SECONDARY:
Linda Kerr, Contract Specialist, 814-362-4155or email Linda.Kerr @usdoj.gov
52.2 11-11 Liquidated Damages - Supplies, Services, or Research and Development. (SEP 2000)
If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages not to exceed 5% per calendar week of the total cost of each line item delayed.
UNICOR will issue purchase orders with pricing according to the assigned contract tenris. If contractor fails to deliver product in a timely manner, the contracting officer will issue weekly past due reports to contractor with consideration (liquidated damages) amounts. Liquidated damages will begin to accrue at the moment of a delay caused by the offeror. The amounts will be tracked weekly and UNICOR will bill contractor quarterly for all liquidated damages for the previous three months. If the offeror cannot deliver in a timely fashion UNICOR may require consignment of product.
The contractor will issue UNICOR a credit according to the spreadsheet generated by UNICOR Contract Specialist. A copy of the credit shall be submitted to the contract Specialist Tiffani Balestrini at tiffani.balestrini@usdoj.gov
If the credit is not received within 30 days, UNICOR contract specialist will notify accounts payable to deduct the overdue amounts from future vendor invoices.
Liquidated damages start accruing on the first day an order is late until receipt of that item at the UNICOR location. There is no limit to liquidated damages but the government is open to discussions to assist offeror in mitigating damages. It is the offerors responsibility to notify the government of any delays in shipping the product. It is also the offerors responsibility to find alternate methods to make on-time deliveries in the event of an unforeseen delay such as truck strike. Severe weather delays will be handled on a case by case basis.
52.211-16 Variation in Quantity. (APR 1984)
(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.
(b) The permissible variation shall be limited to:
0% Under delivery (-) 10% Over Delivery (+)
This increase or decrease shall apply to the total item quantity for each destination.
52.247-34 f.o.b. Destination (Nov 1991)
SECTION G - CONTRACT ADMINISTRATION DATA
JAR 2252.20 1-70 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)
(JAN 1985)
Supplement: LCL APPR
All COR’s are TBD at a later date.
(b) The COR is responsible, as applicable, for: receiving all deliverable’s, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work;
evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.
(c) The COR does not have the authority to alter the contractor’s obligations under the contract, and/or modify any of the expressed terms, conditIons, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing.
ADMiNISTERED BY: This contract will be administered by:
PRIMARY:
UNICOR, federal Prison Industries, 400 first Street NW Room 7012 Washington, DC 20534, Attn: Tee Cavanaugh, Senior Contracting Officer.
202-305-7302
SECONDARY:
UNICOR, federal Prison Industries, 1341 Highway 95 North Bastrop, TC 78602 Attn: Linda Kerr, Contract Specialist 814-362-4155
Written communications shall make reference to the contract number and shall be mailed to the address of the primary contracting officer above. In the event Mrs. Cavanaugh is unavailable, please mail correspondence to the secondary contact.
ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED: Offeror shall indicate below the complete mailing address (including the nine digit ZIP code) to which remittance should be mailed if such address is other than that shown in Block 1 5A, Page 1 (Standard form 33), they shall enter it below:
(a) Payee Name (Contractor):_________________
(b) Check Remittance Address:
Any questions or problems regarding payment should be directed to the Business Manager at the following locations:
UNICOR FPI, CENTRAL ACCOUNTS PAYABLE, P0 BOX 11849, LEXINGTON KY
40578-1849
ALL INVOICES SHALL REFERENCE PURCHASE ORDER NUMBER, NOT THE
CONTRACT NUMBER. INVOICES RECEIVED WITHOUT THE PURCHASE ORDER
NUMBER WILL BE REJECTED AND RETURNED TO VENDOR.
NOTE TO VENDORS: IN ACCORDANCE WITH THE PROMPT PAYMENT ACT,
INVOICES THAT DO NOT AGREE WITH THE PURCHASE ORDER/DELIVERY ORDER
AMOUNTS WILL BE RETURNED TO THE VENDOR AT THE ADDRESS LOCATED IN
BLOCK 17A OF THE SF1449.
Vendor Payment
Offerors must submit a new ACH form whenever any payment information is changed (i.e. new bank, account, routing). Failure to submit new information will result in delayed or non payment of product/service until information is properly updated. ACH form is included as part of the solicitation package and must be filled out by any party who isn’t currently doing business with UNICOR.
SPECIAL CONTRACT REQUIRMENTS
FPI l000HI ECONOMIC PRICE ADJUSTMENT Supplement: LCL APPR
(a) Twelve (12) months after contract award date, and every twelve (12) months thereafter, contract prices for the succeeding twelve (12) month period maybe adjusted in accordance with the change in PRODUCER PRICE INDEX PCU32121 1321211 IT IS THE CONTRACTOR’S
RESPONSIBILITY TO REQUEST THIS ADJUSTMENT.
(b) Adjustments may be requested after the preliminary price index for the month of the anniversary of contract award has been published but not to exceed 90 days after the eligible adjustment date (i.e., anniversary of the contract award date). Requests that are made after the 90-day limit will not be honored and the contract pricing will not be adjusted. The contractor shall submit any requests for adjustments in writing to the contracting officer. Requests shall include a copy of the relevant index and must be within the allowed time period for adjustment.
Any adjustments authorized as a result of the adjustment request will not be retroactive. The date the completed request is received by the contracting officer will be the effective date of any changes in price. Economic price increases will not be granted if the contractor has any past due orders at time of request.
(c) The contractor also is required to request downward price adjustments. All downward adjustments will be retroactive to the authorized adjustment date as specified in this clause. If downward price adjustments are not requested and this is later revealed through audits or otherwise, the contractor shall reimburse the Government the amount overcharged plus interest.
Interest will be computed at the rate set annually by the Secretary of the Treasury for late contract payments. Interest will accrue from the date the adjustment should have been made.
(d) In computing any price adjustment, the preliminary/first-published index for the month and year of contract award will be compared to the preliminary/first-published index for the contract anniversary month of the adjustment year. This index is not seasonally adjusted. If this index is temporarily unavailable or permanently discontinued, the contracting parties shall either use the index one level up (i.e., the broader index under which the selected index was listed) or agree in writing upon a substitute index.
(e) No adjustment shall be made if the referenced change is less than 2%. Total upward adjustment for the contract period, including any option periods, shall not exceed 10% of the original contract base price, based on the original or option period contract price; downward adjustments are not limited.
(f) Indices are available from [SOURCE/CONTACT INFO/WEB ADDRESS (for example #PPI data can be obtained from the Bureau of Labor Statistics website, by emailing the PPI at ppi info@bls.gov, orby calling (202) 691-7705.)].
CONTRACT CLAUSES
52.2 12-4 Contract Terms and Conditions-Commercial Items(JAN 2017)
52.2 12-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Items (1/201 8)
(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),
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.
3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
— (5) [Reserved].
(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
— (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government#s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
x (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
— (10) [Reserved].
(1 1)(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) 52.2 19-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(ii) Alternate I (Jan 2011) of 52.219-4.
(13) [Reserved]
(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
(ii) Alternate I (Nov 2011).
— (iii) Alternate II (Nov 201 1).
— (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)).
— (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 Subcontracting Plan (Jan 1999) (15 U.S.C.
63 7(d)(4)(F)(i)).
— (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
X (22) 52,2 19-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.
632(a)(2)).
— (23) 52.2 19-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (26) 52.222-19, Child Labor#Cooperation with Authorities and Remedies (Oct 2016) (E.O.
13126).
_X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
X (29) 52.222-35, Equal Opportunity for Veterans (Oct 20l5)(38 U.S.C. 4212).
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(34) 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.)
— (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.)
_(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
— (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 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®-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 (Aug2Oll)(E.O. 13513).
— (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).
— (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(ii) Alternate I (JAN 2017) of 52.224-3.
(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).
X (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 (Jul 2013) (31 U.S.C. 3332).
— (56) 52.232-34, Payment by Electronic Funds Transfer#Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
X (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 incoiporated 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) 52.222-4 1, 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#Requirernents (May 2014) (41 U.S.C. chapter 67).
_(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(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. 51 l2(p)(l)).
(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 52.2 15-2, 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)(l) 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 ($1.5 million for construction of any public facility), the subcontractor must include 52.2 19-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xii)
(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).
_(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xiii) 52.222-5 1, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 1365$ (Dec 2015).
(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xviii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 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 200$; 10 U.S.C. 2302 Note).
(xx) 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.
(xxi) 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.
52.216-22 (Oct 1995) - Indefinite Delivery Indefinite Quantity
Indefinite Quantity (Oct 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum.
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) 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 Contractors and Governments rights and obligations with respect to that order to the same extent as if the order were completed during the contracts effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 21 days beyond contract expiration.
52.223-11 Ozone-Depleting Substances. (MAR 2001)
(a) Definition. “Ozone-depleting substance,” as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part $2 as--
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachioride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part $2, Subpart E, as follows:
Warning
Contains (or manufactured with, if applicable) [[j], a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
[]The Contractor shall insert the name of the substance(s).
52.216-1$ Ordering (Oct 1995)
(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 Schedule. Such orders may be issued from date of award through one (1) base year with four (4) One Year options Years if exercised.
(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) If mailed, a delivery order or task order is considered issued when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
However UNICOR does not mail delivery orders. They are sent to offeror either by fax or email.
An order confirmation is the signed copy of the delivery/purchase order.
ALL ORDERS MUST BE CONFIRMED WITHIN 24 HOURS AFTER RECEIPT BY
FAXING CONFIRMATION TO TATEA.CAVANAUGH at EMAIL TO Tatea.cavanaughupg
52.2 16-19 Order Limitations.
As prescribed in 16.506(b), insert a clause substantially the same as follows:
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maxim urn order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of$l00,000;
(2) Any order for a combination of items in excess of $500,000; or
(3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (b)(l) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection
52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the
Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.204-4 Printed or Copied Double-Sided on Recycled Paper.
(MAY 2011)
52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
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