G15PS00321_pages_6_thru_39.pdf

Request for Quotation

Document Number

G15PS00321

Document Title

Non-vented Pressure Sensors

SECTION B - PRICING

Discounted open market Firm-Fixed Pricing is being requested for the non-vented pressure sensors and shipping to Reston, VA as identified below under Section B – Line Item Summary and in the Statement of

Work (SOW) found under Section C – Description/Specifications/Statement of Work. Offerors shall provide a thorough cost breakdown of the sensors and shipping costs to Reston, VA.

SECTION B – LINE ITEM SUMMARY

CLIN Description Quantity Unit of

Issue

Unit

Price

Total

Price

DELIVERY: 30 DAYS FROM DATE OF AWARD

0010 Non-vented pressure sensors in accordance with the attached Statement of Work

170 EA $ $

*0020 Shipping to Reston, VA (*see below for quoting instuctions)

1 EA $ $

0030 Option – Non-vented pressure sensors 10 EA $ $

0040 Option – Non-vented pressure sensors 10 EA $ $

0050 Option – Non-vented pressure sensors 10 EA $ $

0060 Option – Non-vented pressure sensors 10 EA $ $

0070 Option – Non-vented pressure sensors 10 EA $ $

0080 Option – Non-vented pressure sensors 10 EA $ $

0090 Option – Non-vented pressure sensors 10 EA $ $

0100 Option – Non-vented pressure sensors 10 EA $ $

0110 Option – Non-vented pressure sensors 10 EA $ $

0120 Option – Non-vented pressure sensors 10 EA $ $

*The USGS intends to purchase 170 sensors at time of award, but will have the option to purchase additional sensors under clins 0030 through 0120 at time of award or after award. As the USGS has the option to purchase 170 to 270 sensors at time of award, the offerors shall quote a firm-fixed price for shipping to Reston, VA for the following possible quantities of sensors to be purchased:

Shipping of 170 sensors to Reston, VA: $_____________

Shipping of 180 sensors to Reston, VA: $_____________

Shipping of 190 sensors to Reston, VA: $_____________

Shipping of 200 sensors to Reston, VA: $_____________

Shipping of 210 sensors to Reston, VA: $_____________

Shipping of 220 sensors to Reston, VA: $_____________

Shipping of 230 sensors to Reston, VA: $_____________

Shipping of 240 sensors to Reston, VA: $_____________

Shipping of 250 sensors to Reston, VA: $_____________

Shipping of 260 sensors to Reston, VA: $_____________

Shipping of 270 sensors to Reston, VA: $_____________

END OF SECTION B

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

I. General Information

a. Introduction – The USGS has a need to purchase non-vented pressure sensors (hereafter

“sensors”) for the purpose of measuring either atmospheric pressure or water pressure.

Each sensor must be able to perform in either capacity.

b. Background – Sensors will be used to further populate the Storm-surge, Wave and Tide

Hydrodynamic (SWaTH) network of monitoring stations. SWaTH was created recently using funding from the Department of the Interior in the aftermath of Super Storm Sandy.

The SWaTH network consists of hundreds of pre-surveyed locations at which instrumentation can be deployed during future coastal storms along the Northeast and

Mid-Atlantic Coasts of the United States from Maine to North Carolina. The USGS purchased 100 sensors in 2014 in order to begin populating the SWaTH network. This procurement represents a further expansion of the network, and requires similarly-capable sensors.

c. Definitions/Applicable documents – The sensors must be able to perform as “wave and storm-surge sensors” when submersed in the water and as “air pressure sensors” when deployed out of the water. These terms are defined by the technical requirements specified below.

d. Scope – The USGS plans to purchase 170 sensors that meet or exceed all the technical requirements within this Statement of Work and will include ten option line items which will allow the USGS the ability to purchase 10 additional sensors under each option line item either at time of award or after award.

II. Work Requirements

a. Technical Requirements – Based on the need for each sensor to be able to perform as either a wave and storm-surge sensor or an air pressure sensor during large coastal storms, each sensor shall have at a minimum the following characteristics:

i. Deployable and recoverable easily, safely and rapidly: Sensors must be lightweight and small in size in order to be transported efficiently from storage to deployment sites and from Water Science Center to Water Science Center without elaborate or expensive shipping methods or costs. Sensors also must be capable of being deployed and recovered easily by one- or two-person field crews without incurring unnecessary risk in manipulating the sensor during likely-adverse conditions. Sensors must be cylindrical in shape, less than 1.75” in diameter (for reasons delineated below), less than 24” in length and weigh less than 5 lbs (including the weight of batteries).

ii. Protectable using standard SWaTH Network deployment hardware: In the water, sensors must be deployable within a protective housing in order to remain undamaged and operable during hurricane conditions. The SWaTH network standard housing for wave and storm-surge sensors is a 2”-diameter, vented, lightweight, aluminum pipe. These housings are often pre-deployed at coastal sites, ready to accept sensors. Using sensors which fit inside the standard

SWaTH housing not only allows already-installed housings to be used as deployment sites for the sensors, but also allows for much less expensive fabrication of additional housings in cases where new housings are needed.

Because the standard SWaTH housing for wave and storm-surge sensors is identical to standard USGS housings which will be used to measure flooding in situations when waves are not present, using sensors which fit in these housings is essential for avoiding the need to install multiple housings at each location.

The practical criterion to meet this specification is that the entire wave sensor must be capable of being inserted into a 2”-diameter pipe with at least 1/8” clearance around the entire instrument for a small clamping band to be placed around the instrument.

iii. Function for a sufficient duration: During a rapid deployment before a storm and during the days immediately following a storm, Water Science Center crews have numerous duties and large numbers of sensors to deploy and retrieve.

Therefore, sensors must be capable of being activated and deployed at least 3 days before a storm and must continue to measure until retrieved after that storm has passed. To be sure that the storm will be documented completely, a practical criterion is that the instrument must record continuously at 4 Hz for at least 10 days.

iv. Measure frequently enough to document waves accurately: A panel of storm-wave modelers and forecasters from a number of federal and state agencies

(NOAA, DHS, the USACE and North Carolina Sea Grant) and universities

(University of North Carolina and University of Notre Dame) was convened in order to define sampling frequency and accuracy criteria for USGS wave and storm-surge sensors (See criterion vii below.). The appropriate sampling and data logging frequency shall be 4 Hz or faster in order to resolve the relevant waves during a coastal storm.

v. Hold enough data so as not to miss a typical storm: Logging data continuously at

4 Hz for 10 days requires that the sensor be able to store approximately

3,500,000 data records without over-writing any previously collected data.

vi. Deployable in up to 20 meters water depth: Sensors must be able to function properly in 0 to 20 meters of water. Sensors which function in deeper water are acceptable. However, larger sensor ranges, typically, imply reduced sensor accuracy (See criterion vii below.).

vii. Accurate over the entire operating temperature range: The same panel as the one described in criterion iv above indicated that an accuracy of “1 cm under normal operating temperatures” is appropriate. For the purpose of this procurement

“normal operating temperatures” are defined as 0-40° C. Because all pressure transducers lose accuracy outside the temperature range for which they are calibrated, we are willing to accept 2-cm accuracy over the full range of operating temperatures, provided there is some range over which the sensor holds 1-cm accuracy.

viii. Capable of outputting data in a text format: For compatibility with SWaTH data-processing software, sensors must either output data in a text format, such as

CSV (Comma-Separated Values), directly or through vendor-provided software included with each sensor. If additional hardware, such as a cable which connects the sensor to a PC, is required, at least one full set of hardware for each five (5) sensors must be provided by the vendor.

b. Deliverables – Upon notification that the offerors quotation has been tentatively accepted, the offeror shall deliver two fully functional sensors for testing by the USGS Hydrologic

Instrumentation Facility (HIF). The HIF may take up to 21 days to fully test the sensors.

The quotation will be considered technically acceptable if, and only if, the tested sensors pass the performance checklist. If the provided sensors do not pass the entire checklist, offeror’s quotation will be considered as technically unacceptable. The sensors will be returned to the offerors that have been determined to either be technically unacceptable or technically acceptable, but were not the lowest priced quotation.

III. Supporting Information

a. Place of Performance - NA

b. Period of Performance – 30 days from date of award (i.e. after quality testing is completed and order is placed).

c. Government Furnished Property – The USGS/HIF will furnish all testing equipment, including temperature-controlled testing chamber, nitrogen-gas pressure testing system and 20-m-deep testing well.

d. Special Considerations

i. Key Personnel Qualifications – USGS Hydrologic Instrumentation Facility personnel will perform the sensor testing.

ii. Data Rights, Safety, Environment, IT Requirements - NA

iii. Security/Privacy Issues – NA

e. Quantity to be delivered: 170 sensors with the ability to purchase 10 additional sensors under each option line item up to 270 sensors. The USGS will have the ability to purchase anywhere from 170 to 270 sensors at time of award or after award. The following is the base line items and all options:

CLIN Description Quantity Unit of Issue

0010 Non-vented pressure sensors in accordance with the attached Statement of Work

170 EA

0020 Shipping to Reston, VA for each sensors 1 EA

0030 Option – Non-vented pressure sensors 10 EA

0040 Option – Non-vented pressure sensors 10 EA

0050 Option – Non-vented pressure sensors 10 EA

0060 Option – Non-vented pressure sensors 10 EA

0070 Option – Non-vented pressure sensors 10 EA

0080 Option – Non-vented pressure sensors 10 EA

0090 Option – Non-vented pressure sensors 10 EA

0100 Option – Non-vented pressure sensors 10 EA

0110 Option – Non-vented pressure sensors 10 EA

0120 Option – Non-vented pressure sensors 10 EA

IV. Shipping Instructions

a. Shipping for quotation evaluation purposes:

The sensor sample for Quality Testing prior to award shall be shipped to the following (See section L of the RFQ for Quality Testing Instructions):

USGS Hydrologic Instrumentation Facility

Building 2101 Stennis Space Center

St Louis, MS 39529

Attn: TBD and provide if requested by offeror to ship sample sensor.

Offerors shall specify within their quotation submittal where the sample sensor shall be shipped back/returned to if not found to be the lowest priced technically acceptable quotation.

*NOTE: Offerors are NOT to contact Mark Carnley directly. Any questions in relation to shipping or this RFQ shall be addressed to the Contracting Officer.

b. Shipping Instruction for After Award:

Upon award, all equipment shall be shipped and delivered to:

U.S. Geological Survey

12201 Sunrise Valley Dr.

Reston, VA 20192

MS: 432

Attn: TBD

(END OF SECTION C)

SECTION E – INSPECTION AND ACCEPTANCE

E. 1 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition .gov/far http://www.doi.gov/pam/aindex.html

E.2 GS0715 PLACE OF INSPECTION JULY 2001

Government inspection of delivered items will be performed at destination by the COR or an authorized inspector.

E.3 GS0721 INSPECTION AND ACCEPTANCE PERIOD July 2001

It is anticipated that inspection and acceptance shall be completed by USGS personnel within 7 days after delivery of all completed deliverables by the contractor, at which time the contractor will be informed of any deficiencies or of final payment approval. Deliverables include the non-vented snesors and any associated components.

END OF SECTION E

Clause Title Date

52.246-2 Inspection of Supplies – Fixed Price AUG 1996

SECTION F – DELIVERIES OR PERFORMANCE

F.1 GS0901 Place of Delivery July 2001

The item(s) specified in Section B and within the Statement of Work shall be delivered to the following address:

U.S. Geological Survey, 12201 Sunrise Valley Dr, Reston, VA Attention: TBD

All sensors shall be delivered all at once and within the same delivery.

Receiving hours for deliveries to the loading dock is 7:30 AM to 3:30 PM EDT, Monday through Friday, excluding U.S. Government holidays.

F.2 GS0919 LEGAL HOLIDAYS JANUARY 2002

The following legal holidays are observed by this Government agency:

New Year's Day January 01

Martin Luther King's Birthday 3rd Monday in January

Presidents Day 3rd Monday in February

Memorial Day Last Monday in May

Independence Day July 04

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veterans Day November 11

Thanksgiving Day 4th Thursday in November

Christmas Day December 25

When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.

In addition to the holidays listed above, the contractor agrees to observe leave days or closures designated by Federal Statute, Executive Order, or Presidential Proclamation.

END OF SECTION F

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 GS1101 Contract Administration Office (July 2001)

(a) This contract will be administered by:

U.S. Geological Survey

National Acquisition Branch

12201 Sunrise Valley Dr., MS: 205

Attn: Julie Englehart

Telephone: 703-648-7306

Email: jenglehart@usgs.gov

Fax: (703) 648-7899

(b) Written communications to the Administrative Contracting Officer shall make reference to the contract number and shall be mailed to the above address.

G.2 52.000S-5079 Technical Liaison - Technical Direction October 1997

(a) The performance required herein shall be subject to the technical direction of the Technical

Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted

Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical

Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.

(d) The Technical Liaison assigned for this Purchase Order is:

Name: To Be Determined

Telephone Number: To Be Determined

Email: To Be Determined

U.S. Geological Survey

12201 Sunrise Valley Drive

Reston VA 20190 mailto:jenglehart@usgs.gov mailto:jenglehart@usgs.gov

(e) Only the Contracting Officer may designate a different Technical Liaison.

G.3 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements -

Internet Payment Platform (IPP) APRIL 2011

Beginning May 1, 2011, payment requests for all new awards must be submitted electronically through the

U. S. Department of the Treasury's Internet Payment Platform System (IPP). Payment terms for existing contracts and orders awarded prior to May 1 remain the same. The Contractor must use IPP for contracts and orders awarded May 1 and later, and must use the non-IPP invoicing process for those contracts and orders awarded prior to May 1.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor.

To constitute a proper invoice, the payment request must comply with the requirements identified in FAR

32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: A cost breakdown of all products delivered and accepted by the Government and costs associated shipping of the sensors.

The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 to 5 business days of the original contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP

Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.

G.4 UNILATERAL DE-OBLIGATIONS OF UNEXPENTED FUNDS (May 2013)

The contractor shall submit all invoices under the award no later than 90 calendar days after the period of performance has expired, unless a request for extension has been submitted to the Contracting Officer.

After 120 days has passed since the expiration of the performance period, the government reserves the right to issue a unilateral modification de-obligating any unexpended funds, and to initiate closeout procedures.

END OF SECTION G

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 GS 1305 Contractor Performance Assessment Reporting System (CPARS)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The

Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting

System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for

Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in

CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor

Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.csd.disa.mil/.

Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the

Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

H.2 GS1310 ORGANIZATIONAL CONFLICTS OF INTEREST--GENERAL JULY 2001

(a) The term "organizational conflict of interest" means a situation where a contractor has interests, either due to its other activities or its relationships with other organizations, which place it in a position that may be unsatisfactory or unfavorable (i) from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advice from the contractor, or in securing the advantages of adequate competition in its procurement; or (ii) from industry's standpoint in that unfair competitive advantages may accrue to the contractor in question.

(b) The contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer, which shall include a description of the action which the contractor has taken or proposes to take to avoid, eliminate, or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interests of the Government.

(c) In the event that the contractor was aware of organizational conflict of interest prior to the award of this contract and failed to disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.

H.3 GS1329 INTERPRETATION OF CONTRACT REQUIREMENTS JULY 2001

No interpretation of any provision of this contract, including applicable specifications, shall be binding on the Government unless furnished or agreed to in writing by the Contracting Officer.

H.4 GS1338 NOTICE TO THE GOVERNMENT OF DELAYS JULY 2001

In the event the contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or date, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the contracting officer and the COR (if one has been designated), in writing, giving pertinent details. This data shall be informational only in character.

Notice under this provision shall not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this contract.

H.17 GREEN ACQUISITION

The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting includes the initiatives described below:

• Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/

• Biobased Products are described at http://www.biopreferred.gov/

• Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products

• Environmentally Preferable Computers are described at http://www.epeat.net

• Non-Ozone Depleting Products are described at http://www.epa.gov/Ozone/snap/index.html

• Recycled Products are described at http://epa.gov/cpg

• Water efficient products are described at http://epa.gov/watersense/

END OF SECTION H

SECTION I – CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full

(end of clause)

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

OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS. (Mar 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 (Apr 2010) (41 U.S.C. 3509).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013)

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

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(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 (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(41 U.S.C. 2313).

Clause Title Date

52.204-

System for Award Management Registration AUG 2012

52.212-4 Contract Terms and Conditions – Commercial Items FEB 2012

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-

Stop-Work Order AUG 1989

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section

738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of

Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (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

2011) (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 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.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) 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 (Nov 2011) (15 U.S.C. 637(a)(14)).

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15

U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible

Under the WOSB Program (Jul 2013) (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 2014) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (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 (Jul 2014) (38 U.S.C. 4212).

___ (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 (Aug 2013). (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) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

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

__X_ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014)

(E.O.s 13423 and 13514).

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

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

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

___ (42) (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.

_X_ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013)

(31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

___ (3) 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).

___ (4) 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).

____ (5) 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).

____ (6) 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).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658).

(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 (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 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.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 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.

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

(x) _X___ (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 E.O. 13627).

(xi) 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.)

(xii) 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)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302

Note).

(xv) 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.

(xvi) 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.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).

(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)

1452.204-70 RELEASE OF CLAIMS (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–

137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

52.246-17 -- WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (June 2003)

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

“Acceptance” means the act of an authorized representative of the Government by which the

Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

“Supplies” means the end items furnished by the Contractor and related services required under the contract. The word does not include “data.”

(b) Contractor’s obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the

Contractor warrants that for 1 year after Government acceptance.

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor’s plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph

(b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days of the last delivery under this contract and/or 45 days after discovery of the defect.

(2) Within a reasonable time after the notice, the Contracting Officer may either --

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3

(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer --

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed;

and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the

Contractor’s expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the

Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the

Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.

(4)

(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the

Contractor the cost occasioned to the Government thereby if the Contractor --

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the

Contracting Officer may authorize in writing) after receipt of notice from the

Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner. The

Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

52.247-34 – F.O.B. DESTINATION (Nov 1991)

(a) The term “f.o.b. destination,” as used in this clause, means --

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The

Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item

568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be…