RFP-OS3Purchasing-31Jan2014FINAL.pdf
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- FSSI Office Supplies Strategic Sourcing Solution Third Generation (OS3) Purchasing Federal contract opportunity
- Solicitation number
- GSQ02-14-R-SA0001
- Issued by
- GSA Federal Acquisition Service
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RFP 12/09/2013 OS3-Purchasing
REQUEST FOR PROPOSAL
Federal Strategic Sourcing Initiative (FSSI)
Office Supplies Strategic Sourcing Solutions
Third Generation (OS3)-Purchasing
Solicitation Document
Title: RFP FSSI-OS3-Purchasing
Solicitation Number: GSQ02-14-R-SA0001
Solicitation No. GSQ02-14-R-SA0001 OS3 Purchasing
RFP OS3-Purchasing Page 2
EXECUTIVE SUMMARY
This is a Request for Proposal (RFP) under Federal Acquisition Regulation (FAR)
12, Acquisition of Commercial Items and Part 15, Contracting by Negotiation, to establish multiple Indefinite Delivery-Indefinite Quantity (IDIQ) Contracts in support of the Federal Strategic Sourcing Initiative (FSSI) for Office Supplies for
Federal Government agencies. Numerous Federal agencies actively participated in the development of the requirements outlined in this RFP as part of a formalized commodity team of which various agencies are expected to use the resulting solution. In short, Industry, Contractors and Vendors should understand that GSA's goal is to focus all possible Federal spend through strategically sourced solutions, and will aggressively work to alleviate policy and authorization issues required during the life of this program.
This RFP number GSQ02-14-R-SA0001 is known as the (FSSI) Office Supplies
Strategic Sourcing Solutions (OS3) Third Generation for Purchasing. The OS3 acquisition will result in award of a Federal Supply Multiple Agency Multiple
Award utilizing an IDIQ type contract for a period of one year with four (4) one-year options.
The over-arching concept of FSSI OS3 is a total acquisition program not limited to but including:
Office Supplies OS3-Purchasing;
Global Supply Transformation Program (GTSP) Requisition (GSA Global Supply);
And Fourth Party Logistics (4PL).
THIS IS THE OFFICIAL FINAL RELEASE REQUEST FOR PROPOSAL (RFP)
FOR OFFICE SUPPLIES STRATEGIC SOURCING SOLUTIONS THIRD
GENERATION ( OS3-PURCHASING ) ONLY
The Office of General Supplies and Services (GSS) will issue a RFP under separate cover for GSTP in Fiscal Year (FY) 2014. The 4PL solicitation will be issued separately.
Contracting Agency: General Services Administration’s Federal Acquisition Service
Region 2 Northeast and Caribbean Acquisition Center New York, NY is the contracting issuing office and administration agency during the solicitation and award process.
Contract Type: Upon award, this will be a Firm Fixed-Price (FFP) Type Contract with the Economic Price Adjustment (EPA). The Economic Price Adjustment clause governing this contract is located in the Additional Terms and Conditions of the RFP.
RFP OS3-Purchasing Page 3
Scope: The OS3 Purchasing Acquisition includes commercially available office supply products and will encourage maximum small business opportunities under each Contract Line Item Number (CLIN). This acquisition has a potential value of $250,000,000 per year.
North American Industry Classification Standard (NAICS) applicable under OS3
Purchasing:
339940: Office Supplies (except Paper Manufacturing)
322121: Paper (except Newsprint Mills)
325992: Photographic Film, Paper, Plate and Chemical Manufacturing (i.e.Toner/Ink)
Product Supply Classification (PSCs):
7045 Office ADP Supplies
7420 Office Accounting and Calculating Machines
7460 Office Visible Record Equipment
7490 Office Miscellaneous Office Machines
7510 Office Supplies
7520 Office Devices and Accessories
7530 Office Stationery and Record Forms
7540 Office Standard Forms
9310 Office Paper and Paperboard
RFP Goods and Services: The following table describes the component structure of the solicitation and the best value determination, where the best value has been determined to be a Small Business (SB) with a socio-economic concentration for CLINS 0001, 0002, and 0003. This preference has been determined based on anticipated receipt of qualified proposals:
CLIN ITEM Estimated Number of
Awards*
Best Value Preference
0001 General Office
Supplies
15 2 SDVOSB
13 SB; 1 with
Partnership Agreements
Significant SB participation; HUBZone
0002 Paper 3 Significant SB participation
0003 Toner/Ink 3 3 SDVOSB
2 SB
RFP OS3-Purchasing Page 4
Significant SB participation
0004 GSA On-the Go 1+ Lowest Price
Technically Acceptable
(LPTA), Subcontracting
Plan if applicable
The Government reserves the right to adjust the number of awards based upon receipt of successful qualified proposals as set forth in the evaluation criteria.
* CLIN 0004 may include SBs, Large Business, Non-profit, Institutions, Other than Small, and Small Business Consortiums. A maximum of one award to a qualified “other than small business” entity is proposed. However, the Government reserves the right to make additional awards to a competitively priced, technically acceptable small business.
The Government reserves the right to update/refresh the mandatory market basket items as commercial marketplace and technology obsolescent trends occur in order to accommodate the Government's requirements during the life cycle of this contract. These adjustments may occur at any time, and are not limited to option renewal period.
The scope of definition of Office Supplies is enclosed as Attachment 2 and within the Statement of Work (SOW) requirements labeled as Appendix A.
A signed and completed 1449 form (Attachment 9) is a material part of proposal submission. An unsigned proposal may result in a determination that your proposal is no longer eligible for consideration. Digitally signing the 1449 with your digital certificate is considered legally binding and is considered an acceptable method of signing the form.
Background:
The FSSI OS1 was the premier contract that resulted in an estimated $35M in Office Supplies sales. FSSI OS2, the second generation office supplies acquisition, consisted of blanket purchase agreements (BPAs) awarded off a Multiple Award Schedule (MAS) which also produced successful results; however, OS2 expires in May 2014, creating the requirement for a new acquisition vehicle. In Fiscal Year 2013 the FSSI OS2 BPAs have resulted in $48.6M in savings, with a Government Spend of $246.1M. Totals are expected to reach over $800M during the OS2 life cycle. The current MAS 75 has over 400 active contracts with a wide price range variance and has been closed to new offers since October 2010. The current acquisition, FSSI OS3, is an effort to concurrently carry out the Office of Management and Budget's and the GSA Administrator's mandate to maximize use of FSSI while building a new, more sustainable business model. The new model, which eliminates an acquisition level of contracting (i.e. the BPAs) is designed to leverage industry purchasing volume power and dynamic pricing capabilities to the maximum extent, will increase internal efficiencies and our effectiveness in supporting customer requirements, will increase small business opportunity while lowering Government costs and will increase savings to customer agencies and ultimately, the taxpayer.
The goal of the OS3 acquisition is to provide our customers with a wide and best range of commercial office products and services, faster delivery, and better reporting information on orders and products, at the lowest overall costs.
In accordance with FAR 15.201(f), any interested parties are advised to direct all inquiries to Contracting Officer Nelson Duncan at nelson.duncan@gsa.gov .
All proposals should be submitted via e-mail to os3procurements@gsa.gov. Please note that mailto:os3procurements@gsa.gov
RFP OS3-Purchasing Page 5 this inbox has a 25MB limit. This e-mail is solely for proposal submissions, all questions should be submitted to Contracting Officer Nelson Duncan at nelson.duncan@gsa.gov.
Questions submitted to os3procurements@gsa.gov will not be answered.
(End of Executive Summary)
As prescribed by FAR 15.204-1 Uniform Contract Format:
Uniform Contract Format Cross Reference Matrix
Section Title Location
Part 1-The Schedule
A Solicitation/Contract Form Attachment 9
B Supplies or services and prices/costs
CLIN Level, Page 10-12; Prices:
Attachment 1
C Description/specifications/statement of work SOW, Appendix A
D Packaging and marking SOW, Appendix A
E Inspection and acceptance SOW, Appendix A
F Deliveries or performance SOW, Appendix A
G Contract administration data SOW, Appendix A
H Special contract requirements SOW, Appendix A; Attachments
Part II Contract Clauses RFP Document Provisions and Clauses
I Contract Clauses RFP Document
Part III-List of Documents, Exhibits, and Other Attachments
J List of Attachments See Attachments
Part IV-Representations and Instructions
K
Representations, certifications, and other statements of offerors or respondents ORCA, RFP and SOW
L Instructions, conditions, and notices to offerors or respondents RFP; Notes to Contractors
M Evaluation factors for award Section 7 of the Statement of Work mailto:nelson.duncan@gsa.gov mailto:os3procurements@gsa.gov
RFP OS3-Purchasing Page 6
Begin Regulation
CP-FSS-1-A (MAY 2009)
Indefinite-Delivery Indefinite Quantity (IDIQ) (IDIQ OR REQUIREMENTS)
CONTRACT FOR
FSC CLASS 7510 OFFICE SUPPLIES - 9310 PAPER AND PAPERBOARD
PERIOD: BASE AWARD 12 MONTHS/(i.e.,1 YEAR) WITH FOUR (4) ONE-YEAR
OPTIONS, THROUGH END OF PERIOD OF PERFORMANCE, IF OPTIONS
EXERCISED NOT TO EXCEED FIVE (5) YEARS TOTAL.
ANY INFORMATION THAT MAY BE DESIRED ON THIS PARTICULAR
SOLICITATION CAN BE OBTAINED FROM THE ISSUING OFFICE ADDRESS
SHOWN HEREIN.
Begin Regulation
CP-FSS-3 NOTICE: REQUESTS FOR EXPLANATION OR INFORMATION (MAR
1996)
Written requests for explanation or information regarding this solicitation should be directed to: NELSON.DUNCAN@GSA.GOV
Please note any telephonic or oral requests will be confirmed via email to document requests and may be posted to Interact.gsa.gov as part of a consolidated release of information.
IMPORTANT: DO NOT ADDRESS PROPOSALS, MODIFICATIONS OR
WITHDRAWALS TO THE ABOVE ADDRESS. THE ADDRESS DESIGNATED FOR
RECEIPT OF OFFERS IS CONTAINED ELSEWHERE IN THIS SOLICITATION.
CP-FSS-6 ELECTRONIC DATA INTERCHANGE (EDI) ORDERING (JAN 1994)
Contractors are advised that the Federal Supply Service is expanding use of electronic communications to exchange business documents. The Placement of Orders clause contained in this contract provides that orders may be placed using Electronic Data Interchange (EDI) procedures.
mailto:NELSON.DUNCAN@GSA.GOV
RFP OS3-Purchasing Page 7
Table of Contents
Part I - GOODS & SERVICES
Part II - CONTRACT TERMS AND CONDITIONS
52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)
52.210-1 MARKET RESEARCH (APR 2011)
52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (Tailored)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (SEP 2013)
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
52.216-19 ORDER LIMITATIONS (OCT 1995) (DEVIATION II— FEB 2007)16.506(b) .. 27
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JUL 2013)
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2013) (ALTERNATE II –
OCT 2001)
52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY
DATA (JAN 1997) (ALTERNATE I—JUL 1995)
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
52.229-6 TAXES – FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)
52.232-17 INTEREST (OCT 2010)
52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS
SUBCONTRACTORS (DEVIATION) (AUG 2012)
52.243-1 CHANGES—FIXED-PRICE (AUG 1987)
52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
552.212-71 CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA
ACQUISITION OF COMMERCIAL ITEMS (JUL 2003)
552.215-70 EXAMINATIONS OF RECORDS (FEB 1996)
552.216-72 PLACEMENT OF ORDERS (AUG 2010)
D-FSS-440 PRESERVATION, PACKAGING, PACKING, AND MARKING AND
LABELING OF HAZARDOUS MATERIALS (HAZMAT) FOR SURFACE SHIPMENT
(MAY 1997)
D-FSS-456 PACKAGING AND PACKING (APR 1984)
D-FSS-475 BAR CODE MARKING OF NATIONAL STOCK NUMBER (NOV 2004)
E-FSS-516 PRODUCTION POINT AND INSPECTION INFORMATION (MAR 1990)
E-FSS-522 INSPECTION AT DESTINATION (MAR 1996)
RFP OS3-Purchasing Page 8
F-FSS-202-D DELIVERY PRICES (OCT 1988)
F-FSS-230 DELIVERIES TO THE U.S. POSTAL SERVICE (JAN 1994)
F-FSS-260-B TIME OF DELIVERY (FEB 1986)
G-FSS-900-A CONTACT FOR CONTRACT ADMINISTRATION (JAN 1994)
I-FSS-100-A SCOPE OF CONTRACT (OCT 1997)
I-FSS-105-A GUARANTEED MINIMUM QUANTITY (OCT 1988)
I-FSS-120-A MINIMUM ORDER LIMITATION (APR 1984)
I-FSS-644 DEALERS AND SUPPLIERS (OCT 1988)
Part III - VENDOR INSTRUCTIONS
52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) ... 60
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)
52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF
FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM
DESCRIPTIONS (AUG 1998)
52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM
DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND
STANDARDIZATION INFORMATION SYSTEM (ASSIST) (JAN 2006)
52.215-6 PLACE OF PERFORMANCE (OCT 1997)
52.216-1 TYPE OF CONTRACT (APR 1984)
52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
52.222-52 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO
CONTRACTS FOR CERTAIN SERVICES--CERTIFICATION (NOV 2007)
52.233-2 SERVICE OF PROTEST (SEP 2006)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
552.216-73 ORDERING INFORMATION (AUG 2010)
552.216-73 ORDERING INFORMATION (AUG 2010) (ALTERNATE I — SEP 1999)
(NOTE: Applies to GSA FAS Orders only)
552.216-74 TASK–ORDER AND DELIVERY–ORDER OMBUDSMAN (AUG 2010)
552.238-73 CANCELLATION (SEP 1999)
K-FSS-1 AUTHORIZED NEGOTIATORS (MAR 1998)
L-FSS-490 UNSOLICITED SAMPLES, DESCRIPTIVE LITERATURE, OR BRAND
NAME REFERENCES (APR 1984)
RFP OS3-Purchasing Page 9
L-FSS-59 AWARD (APR 1984)
Part IV - EVALUATION FACTORS FOR CONTRACT AWARD
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS (JUL 2013)
Part V - OFFEROR REPRESENTATIONS & CERTIFICATION
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JUL 2013)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS — COMMERCIAL
ITEMS (AUG 2013)
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012)
RFP OS3-Purchasing Page 10
Part I - GOODS & SERVICES
Period of Performance: Date of Award: 12 months (i.e., 1 year), plus up to four (4) One- Year Option periods if exercised not to exceed five (5) years total.
CONTRACT LINE ITEMS (CLINS)
0001 --- General Office Supplies (OS)
Unit Of Issue: EA
Fob Type: Destination
NAICS Number: 339940
Best Value Determination: Significant preference for 15 Small Business, consisting of 2 further preferred for SDVOSB; 1 for SB with partnership/teaming arrangements that has a minimum of 25 small business within its consortium, HUBZone consideration and remainder SBs.
For small business awards without a further preference for a small business that partners with a minimum of 25 small business dealers/partners or service disabled veteran owned small business (SDVOSB), HUBZone firms will receive a 1% price preference .
This 1% preference will be calculated in the form of a price reduction of the evaluated price of the HUBZone firm. For example:
Type of Firm Market Basket Price Market Basket Price with Preference
HUBZone Firm $1,000,000 $990,000
Not HubZone Business $995,000 $995,000
The HUBZone would be evaluated as the low price.
IPD Description: 0001 Office Products:
Contractors may propose their entire commercial catalog within the scope of general office products, paper, toner, or ink. Office products include, but are not limited to items such as: adding machines and calculators, binding and filing supplies, calendars, personal organizers, and other dated office items, cases and portfolios, computer accessories, computer media, drawing and graphic arts supplies, mailing and shipping supplies, some office furnishings such as clocks, stools, picture frames and wastebaskets, shredders, visual communications and meeting aids, writing instruments, and miscellaneous office supplies such as staplers, paper clips, binder clips, adhesive tape, label makers, rubber stamps, ink, push pins, and paper-hole punchers, paper such as copier, carbon, cards, computer, fine stationary, inkjet, laser multipurpose, notebook filler, resume, rolls, stationary and labels, toner such as new ink and laser jet cartridges;
multicolor and black, and solid ink and remanufactured ink and laser jet cartridges, multicolor and black, and solid ink.
0002 --- Paper
RFP OS3-Purchasing Page 11
Fob Type: Destination
NAICS Number: 322121
Best Value Determination: Significant Small Business preference, 3 awards anticipated.
IPD Description: CLIN 0002 Office Paper:
Contractors may offer office paper items such as copier, carbon, cards, computer, fine stationary, inkjet, laser multipurpose, notebook filler, resume, rolls, stationary and labels. Restroom paper such as toilet paper and paper towels is excluded.
Part I - GOODS & SERVICES
0003 --- Toner and Inkjet
Unit Of Issue: EA
Fob Type: Destination
NAICS Number: 325992
Best Value Determination: Significant preference for 5 SB awards preference, consisting of 3 Service-Disabled Veteran-Owned Small Business (SDVOSB) and 2 SBs.
IPD Description: CLIN 0003 Toner and Inkjet:
Contractors may offer toner and inkjet such as new ink and laser jet cartridges;
multicolor and black, and solid ink and remanufactured ink and laser jet cartridges, multicolor and black, and solid ink.
0004 --- GSA On-the-Go
Fob Type: Destination
NAICS Number: 322121
LPTA: Lowest Price Technically Acceptable, Subcontracting Plan if applicable.
IPD Description: CLIN 0004 GSA On-the-Go:
Providing general office supplies noted in CLIN 0001 with added capability for same day delivery, secure desktop, expedited delivery within four (4) hours of order receipt and/or brick/mortar store presence for onsite immediate delivery serving Government Offices in the top ten (10) US Metropolitan Areas by population (Attachment 14).
RFP OS3-Purchasing Page 12
ALL CLINS: F.O.B. Destination
FOB: DESTINATION IS PREFERED DELIVERY GOVERNMENT METHOD
OF SHIPMENT HOWEVER THERE MAY BE EXCEPTIONS DUE TO
OCONUS, SIZE, BULK PURCHASES AND VARIOUS DELIVERY
REQUIREMENTS AT RESULTANT ORDER LEVEL. CONTRACTORS MUST
INDICATE IN THEIR SUBSEQUENT ORDERS WHERE ANY PRICE
VARIANCE IN SHIPPING AND TOTAL PRICE EXISTS, OTHERWISE F.O.B.
DESTINATION SHALL BE UTILIZED.
RFP OS3-Purchasing Page 13
Part II - CONTRACT TERMS AND CONDITIONS
52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)
(a) Definitions. As used in this clause —
Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:
(1) Planning acquisitions.
(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.
(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.
(4) Evaluating contract proposals.
(5) Awarding Government contracts.
(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).
(7) Terminating contracts.
(8) Determining whether contract costs are reasonable, allocable, and allowable.
Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is —
(1) An employee of the contractor; or
(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.
Non-public information means any Government or third-party information that —
(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or
(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.
Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee’s ability to act impartially and in the best interest of the Government when performing under the contract.
(A de minimis interest that would not “impair the employee’s ability to act impartially and in the best interest of the Government” is not covered under this definition.)
(1) Among the sources of personal conflicts of interest are —
RFP OS3-Purchasing Page 14
(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee’s household;
(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and
(iii) Gifts, including travel.
(2) For example, financial interests referred to in paragraph (1) of this definition may arise from —
(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;
(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);
(iii) Services provided in exchange for honorariums or travel expense reimbursements;
(iv) Research funding or other forms of research support;
(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);
(vi ) Real estate investments;
(vii) Patents, copyrights, and other intellectual property interests; or
(viii) Business ownership and investment interests.
(b) Requirements. The Contractor shall —
(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by —
(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:
(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee’s household.
(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).
(C) Gifts, including travel; and
(ii) Requiring each covered employee to update the disclosure statement whenever the employee’s personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.
RFP OS3-Purchasing Page 15
(2) For each covered employee —
(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;
(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and
(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.
(3) Inform covered employees of their obligation —
(i) To disclose and prevent personal conflicts of interest;;
(ii) Not to use non-public information accessed through performance of a
Government contract for personal gain; and
(iii) To avoid even the appearance of personal conflicts of interest;
(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;
(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and
(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include —
(i) Failure by a covered employee to disclose a personal conflict of interest;
(ii) Use by a covered employee of non- public information accessed through performance of a Government contract for personal gain; and
(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.
(c) Mitigation or Waiver
(1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the
Contractor may submit a request through the Contracting Officer to the Head of the
Contracting Activity for—
(i) Agreement to a plan to mitigate the personal conflict of interest; or
(ii) A waiver of the requirement.
RFP OS3-Purchasing Page 16
(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.
(3) The Contractor shall—
(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or
(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.
(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts—
(1) That exceed $150,000; and
(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).
52.210-1 MARKET RESEARCH (APR 2011)
(a)Definition. As used in this clause —
Commercial item and nondevelopmental item have the meaning contained in Federal Acquisition Regulation 2.101.
(b)Before awarding subcontracts over the simplified acquisition threshold for items other than commercial items, the Contractor shall conduct market research to —
(1) Determine if commercial items or, to the extent commercial items suitable to meet the agency’s needs are not available, nondevelopmental items are available that —
(i) Meet the agency’s requirements;
(ii) Could be modified to meet the agency’s requirements; or
(iii) Could meet the agency’s requirements if those requirements were modified to a reasonable extent; and
(2) Determine the extent to which commercial items or nondevelopmental items could be incorporated at the component level.
RFP OS3-Purchasing Page 17
52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (Tailored) As prescribed in 12.301(b)(1), insert the following provision:
INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2013)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in
Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered and shown under the UPC-A code or, if there is none, the manufacturer part number. Unit of measure and quantity expression must also be included.
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) “Remit to” address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see
FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for
30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation.
Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers.
http://www.acquisition.gov/Far/current/html/Subpart%2012_3.html#wp1084399 http://www.acquisition.gov/Far/current/html/FormsStandard68.html#wp1189284 http://www.acquisition.gov/Far/current/html/FormsStandard68.html#wp1189284 http://www.acquisition.gov/Far/current/html/52_212_213.html#wp1179194 http://www.acquisition.gov/Far/current/html/52_212_213.html#wp1179194 http://www.acquisition.gov/Far/current/html/FormsStandard68.html#wp1189284
RFP OS3-Purchasing Page 18
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is
4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the
Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the
Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint.
However, the Government reserves the right to conduct discussions if later determined by the
Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the
RFP OS3-Purchasing Page 19
Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item
Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—
GSA Federal Supply Service Specifications Section
Suite 8100
470 East L’Enfant Plaza, SW
Washington, DC 20407
Telephone (202) 619-8925
Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of
Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (http://assist.daps.dla.mil).
(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense
Single Stock Point (DoDSSP) by—
(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600
EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding
$3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The
DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds
Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must http://assist.daps.dla.mil/ http://assist.daps.dla.mil/quicksearch http://assistdocs.com/ http://assist.daps.dla.mil/wizard http://www.acquisition.gov/Far/current/html/Subpart%2032_11.html#wp1043964 http://fedgov.dnb.com/webform
RFP OS3-Purchasing Page 20 contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the
Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
Offerors may obtain information on registration and annual confirmation requirements via the
SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (SEP 2013)
(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). [ N/A ] Alternate I (Aug 2007) of 52.222- 50 (22 U.S.C. 7104(g)).
(2) 52.2f33-3, Protest After Award (AUG 1996) (31 U.S.C.
3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) https://www.acquisition.gov/
RFP OS3-Purchasing Page 21
(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:
Number Title Clause /
Provision
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS
AND CONDUCT (APR 2010)
Clause
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES
TO THE GOVERNMENT (SEP 2006) (ALTERNATE
I – OCT 1995)
Clause
52.204-10 REPORTING EXECUTIVE COMPENSATION AND
FIRST-TIER SUBCONTRACT AWARDS (JUL
2013)
Clause
52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011) Clause
(N/A)
52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV
2011)
Clause
52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING
PLAN (JAN 1999)
Clause
52.219-25 SMALL DISADVANTAGED BUSINESS
PARTICIPATION PROGRAM --
DISADVANTAGED STATUS AND REPORTING
(JUL 2013)
Clause
(N/A)
52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS SET-ASIDE (NOV
2011)
Clause (N/A
Socio-
Economic
Preference)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM
REREPRESENTATION (JUL 2013)
Clause
52.219-29 NOTICE OF SET-ASIDE FOR ECONOMICALLY
DISADVANTAGED WOMEN-OWNED SMALL
BUSINESS CONCERNS (JUL 2013)
Clause
(N/A)
52.219-3 NOTICE OF TOTAL HUBZONE SET-ASIDE OR
SOLE SOURCE
AWARD (NOV 2011)
Clause
(N/A)
52.219-3 NOTICE OF TOTAL HUBZONE SET-ASIDE OR
SOLE SOURCE AWARD (NOV 2011)
(ALTERNATE I -- NOV 2011)
Clause
(N/A)
RFP OS3-Purchasing Page 22
52.219-30 NOTICE OF SET-ASIDE FOR WOMEN-OWNED
SMALL
BUSINESS CONCERNS ELIGIBLE UNDER THE
WOMEN-OWNED SMALL BUSINESS PROGRAM
(JUL 2013)
Clause
(N/A)
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE
FOR
HUBZONE SMALL BUSINESS CONCERNS (JAN
2011)
Clause
(N/A)
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE
FOR HUBZONE SMALL BUSINESS CONCERNS
(JAN 2011) (ALTERNATE I - JAN 2011)
Clause
(N/A)
52.222-19 CHILD LABOR--COOPERATION WITH
AUTHORITIES AND REMEDIES (APR 2012)
Clause
52.222-21 PROHIBITION OF SEGREGATED FACILITIES
(FEB 1999)
Clause
52.222-26 EQUAL OPPORTUNITY (MAR 2007) Clause
52.222-3 CONVICT LABOR (JUN 2003) Clause
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (SEP
2010)
Clause
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (SEP
2010) (ALTERNATE I – DEC 2001)
Clause
52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH
DISABILITIES (OCT 2010)
Clause
52.222-37 EMPLOYMENT REPORTS ON VETERANS (SEP
2010)
Clause
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER
THE NATIONAL LABOR RELATIONS ACT (DEC
2010)
Clause
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION
(AUG 2013)
Clause
52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING
PRODUCTS (DEC 2007)
Clause
52.223-16 IEEE 1680 STANDARD FOR THE
ENVIRONMENTAL ASSESSMENT OF PERSONAL
COMPUTER PRODUCTS (DEC 2007)
Clause
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO
BAN TEXT MESSAGING WHILE DRIVING (AUG
2011)
RFP OS3-Purchasing Page 23
52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED
MATERIAL CONTENT FOR EPA-DESIGNATED
ITEMS (MAY 2008)
Clause
52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED
MATERIAL CONTENT FOR EPA-DESIGNATED
PRODUCTS (AUG 2000) (ALTERNATE I - MAY
2008)
Clause
52.225-1 BUY AMERICAN ACT SUPPLIES (FEB 2009) Clause N/A
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN
PURCHASES (JUN 2008)
Clause
52.225-3 BUY AMERICAN ACT -- FREE TRADE
AGREEMENTS – ISRAELI TRADE ACT (NOV
2012)
Clause N/A
52.225-3 BUY AMERICAN ACT -- FREE TRADE
AGREEMENTS – ISRAELI TRADE ACT (NOV
2012) (ALTERNATE I - MAR 2012)
Clause N/A
52.225-3 BUY AMERICAN ACT -- FREE TRADE
AGREEMENTS – ISRAELI TRADE ACT (NOV
2012) (ALTERNATE II - MAR 2012)
Clause N/A
52.225-3 BUY AMERICAN ACT -- FREE TRADE
AGREEMENTS -- ISRAELI TRADE ACT (NOV
2012) (ALTERNATE III - NOV 2012)
Clause N/A
52.225-5 TRADE AGREEMENTS (SEP 2013) Clause
52.226-5 RESTRICTIONS ON SUBCONTRACTING
OUTSIDE DISASTER OR EMERGENCY AREA
(NOV 2007)
Clause
52.232-29 TERMS FOR FINANCING OF PURCHASES OF
COMMERCIAL ITEMS (FEB 2002)
Clause
52.232-30 INSTALLMENT PAYMENTS FOR COMMERCIAL
ITEMS (OCT 1995)
Clause
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER
– SYSTEM FOR AWARD MANAGEMENT (JUL
2013)
Clause
52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER
– OTHER THAN SYSTEM FOR AWARD
MANAGEMENT (JUL 2013)
RFP OS3-Purchasing Page 24
(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:
Number Title Clause /
Provision
52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS
(JAN 2013)
Clause
52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007) Clause
52.222-42
STATEMENT OF EQUIVALENT RATES FOR FEDERAL
HIRES(MAY 1989) Clause
52.222-43
FAIR LABOR STANDARDS ACT AND SERVICE
CONTRACT ACT
-- PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION
CONTRACTS) (SEP 2009)
Clause
52.222-44
FAIR LABOR STANDARDS ACT AND SERVICE
CONTRACT ACT--PRICE ADJUSTMENT (SEP 2009) Clause
52.222-51
EXEMPTION FROM APPLICATION OF THE SERVICE
CONTRACT ACT TO CONTRACTS FOR MAINTENANCE,
CALIBRATION, OR REPAIR OF CERTAIN
EQUIPMENT—REQUIREMENTS (NOV 2007)
Clause N/A
52.222-53
EXEMPTION FROM APPLICATION OF THE SERVICE
CONTRACT ACT TO CONTRACTS FOR CERTAIN
SERVICES--REQUIREMENTS (FEB 2009)
Clause
(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
RFP OS3-Purchasing Page 25 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 paragraphs (e)(1) of this paragraph 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) (Pub. L. 110–252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219–8, Utilization of Small Business Concerns (Jul 2013) (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 (Jan 2013) (E.O. 13495).Flow down required in accordance with paragraph (l) of FAR clause52.222-17.
(iv) 52.222–26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222–35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222–36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 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.
(viii) 52.222–41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222–50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
[ N/A ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.
7104(g)).
(x) 52.222–51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222–53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).
RFP OS3-Purchasing Page 26
(xiii) 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).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xv) 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.
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
(a) The Contractor shall make the following notifications in writing:
(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.
(2) The…
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