H92240-20-T-0027.pdf

SEE ADDENDUM

(No Collect Calls)

H9224020T0027

b. TELEPHONE NUMBER

619-537-1676

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 15 Jun 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

13-May-2020

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

H922409. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TAYLOR N. LAMAN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SPECIAL WARFARE COMMAND - N01C

ATTN: TAYLOR LAMAN 2000 TRIDENT WAY, BLDG 624

SAN DIEGO CA 92155

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

(619)522-7586FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

811310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF27

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

H9224020T0027

Section SF 1449 - CONTINUATION SHEET

This is a Three Year Indefinite Delivery Indefinite Quantity (IDIQ) type contract which will be executed via issuance of Firm Fixed Priced Task Orders.

CONTRACT LIMITATIONS

MINIMUM CONTRACT VALUE

The minimum contract value will be satisfied by the Government upon issuance of the first task order, for the life of the contract. Once the minimum contract value is satisfied, the Government is under no further obligation to issue additional orders.

MAXIMUM CONTRACT VALUE

The maximum contract value is established at $1,000,000.00 for the life of the contract. The cumulative value of all orders issued against any resultant contract shall not exceed the maximum contract value.

ELIN STRUCTURE

a) Under each ordering year, the Contractor shall use the provided ELIN structure for pricing at both the basic contract and task order level.

AUTHORIZED ORDERING OFFICIALS

a) All Naval Special Warfare and United States Special Operations Contracting Officers may issue Task Orders, with prior approval from a H92240 Contracting Officer that sufficient capacity is available.

b) Task Orders may be placed either orally or in writing by the applicable contracting officer only, upon receipt of prior approval from H92240 Contracting.

c) Task Orders may not be placed against this contract by any other source, unless otherwise permitted by the H92240 Contracting Officer.

d) Task Orders will contain applicable Delivery and Payment instructions.

e) The value and PIIN of Task Orders issued to DODAACs other than H92240 shall be forwarded to WCMCONTRACTS@socom.mil within ten (10) business days of the date of the Order.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot 11M RIB Engine Maintenance/Overhaul

FFP

Eleven Meter Rigid Inflatable Boat (11M RIB) Repairs, Maintenance, Overhauls, and/or Upgrades to be performed in accordance with the Attachment 1 - Performance Work Statement (PWS) at the firm-fixed prices established in the Attachment 3 – IDIQ Pricing Worksheet. Over and Above Work is subject to Defense Federal Acquisition Regulation Supplemental (DFARS) 252.217-7028.

Period of performance is three (3) years, within this period of performance are three (3) one-year ordering periods; note that these periods of performance are estimates and will be fully defined upon contract award:

Ordering Period One: 24 September 2020 to 23 September 2021 Ordering Period Two: 24 September 2021 to 23 September 2022 Ordering Period Three: 24 September 2022 to 23 September 2023 FOB: Destination

MFR PART NR: 11 RIB

PSC CD: J020

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 24-SEP-2020 TO

23-SEP-2023

N/A N/A

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.209-5 Certification Regarding Responsibility Matters OCT 2015 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (MAR 2020) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.217-7028 Over And Above Work DEC 1991 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7015 Restriction on Acquisition of Hand Or Measuring Tools JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017

252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (MAR 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. 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 in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

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

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

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

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 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 (https://assist.dla.mil/online/start/).

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

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

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

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

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

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

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

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(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.

52.212-1 ADDENDA -- INSTRUCTIONS TO OFFERORS

L.1 General Instructions to Offerors

L.1.1 Quote Submission: All quotes shall be submitted no later than 9:00 AM Pacific Standard Time (PST) on 15 June 2020. Quotes shall be emailed to taylor.laman@socom.mil and jonathan.h.katz.civ@socom.mil with the following in the subject line: QUOTE FOR H92240-20-T-0027. Contractors are responsible for verifying receipt of their quotes to the identified inbox before the specified due date and time. Contractors are advised to plan ahead, ensuring enough time to account for any potential delays in email transmission. Email file size shall be limited to 3MB. If documents exceed 3MB, contractors shall submit documents via separate emails to ensure each email is no more than 3MB.

L.1.2 Quoters may submit written questions during the quote preparation period. All questions must be received no later than 09:00 AM PST on 26 May 2019 to allow adequate time to prepare and issue responses prior to the date and time set for receipt of quotes. Questions received after this date run the risk of not being answered. Only written questions will receive a response. It is required that each question should include the document name, document date, specific page, paragraph, clause or other definitive citation requiring clarification. All questions and quotes shall be directed to the Contracting Officer by email, citing at a minimum “H92240-20-T-0027” in the subject line at the following addresses: taylor.laman@socom.mil and jonathan.h.katz.civ@socom.mil

L.1.3 Comprehensive responses to the requirements of this Request for Quote (RFQ) are required to enable the Government to evaluate the Quoter’s understanding of, capability and approaches to accomplish the stated requirements. Quotes shall be submitted in accordance with the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote. The quote shall be valid for no less than 90 days from the date of RFQ closing, a statement affirming this fact shall be included on the cover page of all factor volumes. The quote shall provide comprehensive responses to the areas provided for in this section. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale in their quote. Any such exceptions or failure to identify exemptions may render the quote ineligible for award. The successful Quoter will be selected based on an evaluation of quotes as outlined in FAR 52.212-2 and its addenda, included in this RFQ.

L.1.4 The evaluation will consist of an evaluation of Factors 1-2; Technical Capability and Price, which are outlined below. The Government intends to issue a single award as a result of this solicitation; however, the Government reserves the right to award more or less awards based upon the results of the quote evaluations.

L.1.5 Quotes shall not contain classified information.

L.1.6 Quote Format. Format of the quote volumes shall be as follows:

a. Text size shall be no smaller than Microsoft Word, Times New Roman, 10 point, uncompressed font, including in any tables, charts, graphs or figures.

b. Pages shall be one and one half spaced, with a minimum of one inch margins on all sides. Pages shall be dated and numbered sequentially by volume. A cover sheet should be included in each volume, clearly marked as to volume number, title, solicitation identification, and the offeror's name.

c. Elaborate format and color representations are not desirable.

d. Electronic copies must be provided via E-mail. Microsoft Office Word processing software and Excel spreadsheet software formats are required.

L.1.7 Quote Submission Requirements.

Quote Submissions Factor Electronic

Copies Maximum Number of Pages Contract Forms and Certification

Volume 1 N/A 1 N/A

Technical Capability Volume 2 1 1 Ten (10) pages* Price Volume 3 2 1 N/A

*Inclusive of any title page, table of contents, photographs, maps, and/or diagrams, and/or acronym lists, (not including Attachment 2 and copies of certifications); See Section L.3

Contracts Forms and Certifications Volume 1

Factor 1 – Technical Capability Volume 2

Factor 2 – Price Volume 3

L.2.1 Contract Forms and Certifications. Include the following data in Volume 1 in the format indicated.

a. Section 1 – Quote cover letter or quote cover page. Include names, office phone and facsimile numbers, if applicable, cell phone numbers, and e-mail addresses for quote POCs. The Quoter shall either: (1) include statement on the Quoter’s assent, without exception or imposition of condition, to the terms and conditions of the solicitation including addenda and any documents, provisions and clauses incorporated by reference;

or (2) explicitly state any exceptions or assumptions to the terms or conditions of this solicitations from a technical or price perspective. Be advised that exceptions to any of the terms or conditions of this solicitation, additional conditions, or omission of material information required by this solicitation, may at the Government’s discretion render the submission ineligible for award. Finally, include statement on the offer validity period, no less than ninety (90) days after solicitation closing date.

b. Section 2 – The original signature of an official authorized to contractually bind the Quoter in the RFQ;

Page 1, Block 30 of the SF 1449. The original signature of an official authorized to contractually bind the Quoter in any RFQ amendments; Page 1, Block 15 of the SF30.

c. Section 3 – Copy of completed provisions within the RFQ for:

i. 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

ii. 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

iii. 52.209-9 UPDATES TO PUBLICALLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS

iv. 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

v. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS

ALTERNATE I

vi. 5652.204-9004 FOREIGN PERSONS

L.2.2 The Government will review Volume 1 for completeness and that the Quoter indicated that it is eligible for a Government contract based on the Quoter’s responses to the representations, certifications, all contract forms, and other statements required by the solicitation. The Quoter shall ensure all Contract Forms, Representations, and Certifications have been completed as required. Incomplete quotes regarding such items may render the quote ineligible.

L.3 VOLUME 2 – FACTOR 1 – Technical Capability.

The Quoter shall complete Attachment 2 – Contractor Requirements Submission Matrix and provide supporting documentation demonstrating the offeror’s proposed approach to meet the specific requirements for each item identified in Attachment 2.

The Technical quote should be as specific and complete as possible to clearly demonstrate to the Government that the Quoter meets the minimum requirements identified in Attachment 2. Quoter shall limit this volume to ten (10) pages inclusive of any title page, table of contents, photographs, maps, and/or diagrams, and/or acronym lists, (not including Attachment 2 and copies of certifications.)

The Quoter shall provide current Caterpillar Original Equipment Manufacturer (OEM) Marine Engine Service Technician certifications and Caterpillar dealer/service center authorization documentation with quote.

GENERAL STATEMENTS THAT THE QUOTER CAN OR WILL COMPLY TO THE REQUIREMENTS OR

PARAPHRASING THE RFQ’S PWS IN WHOLE OR IN PART WILL NOT CONSTITUTE COMPLIANCE

AND MAY RESULT IN THE QUOTE BEING REMOVED FROM COMPETITION.

L.4 VOLUME 3 – FACTOR 2 – Price. The Quoter shall submit a fully completed Attachment 3 – IDIQ Pricing Worksheet within the Microsoft Excel spreadsheet format provided by the Government. All prices shall be provided as a Firm Fixed Price (FFP), therefore all quoted prices shall be inclusive of all direct (i.e., direct labor, material, travel, and other direct costs) and associated indirect costs plus fee related to each Exhibit Line Item Number (ELIN) price. The submitted ELIN pricing will be used to price task orders. Quoted pricing shall include all costs associated with performance. ELINs are segregated by three (3) ordering periods lasting one year each, with pricing applicable based on the date of task order issuance. The total evaluated price will be automatically formulated by the Microsoft Excel spreadsheet provided by the Government, by calculating the Quoter’s quoted pricing against the Government’s estimated quantities for the total life of the contract, to include the value of the option at FAR 52.217-8 calculated at 50% of the value of ordering period three (3). The quoter shall not alter formulas in the Microsoft Excel spreadsheet provided by the Government. Failure to comply with this instruction may result in the Quoter’s quote no longer being considered for award.

Work Package 0006 – Material Services

1. A portion of the work included in the scope of this contract, Work Package 0006 – Material Services, cannot be identified in advance in sufficient detail to be pre-priced as an ELIN. In this contract per DFARS 252.217-7028, Over and Above Work, labor for this work will be negotiated per the task and paid for based on the hours negotiated at the FFP rate(s) established in Attachment 3a – Material Services Worksheet in accordance with DFARS 252.217- 7028.

2. Estimated hours and material costs under Attachment 3 – IDIQ Pricing Worksheet are estimates that apply only to Work Package 0006 and is provided as “information only”.

3. The Quoter shall complete Attachment 3a - Material Services Worksheet. Enter the applicable labor categories, and composite/fully burdened labor rates for Stennis Space Center, MS. The FFP labor rates and material prices will only be utilized for negotiating Work Package 0006 – Material Services at the task order level.

The composite labor rate shall include all direct and indirect costs associated with performing an hour of work. The composite labor rate should be the Contractor's hourly labor wage adjusted to allow for the Quoter’s work force to provide the required service. The composite labor rate shall include all costs for job preparation, travel, labor delay allowance, profit, clerical support, supervision, taxes, licenses, insurance, field and home office overhead, etc.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The factors listed in the 52.212-2 Addenda below shall be used to evaluate quotes.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

52.212-2 ADDENDA-- EVALUATION--COMMERCIAL ITEMS

M.1 This is a competitive, lowest price technically acceptable (LPTA) solicitation. This section outlines the criteria the Government will use in evaluating the Quoter’s technical capability and quote for the maintenance, and/or complete overhaul, of the Caterpillar 3126 Marine Diesel Engine (DITA) as well as minor maintenance and preservation to the ZF Marine IRM 301 PL Marine Gear of the 11M RIBs.

Discussions. IAW FAR 52.212-1(g), the Government intends to evaluate quotes and award a contract without discussions. Therefore, the Quoter’s initial quote should contain the Quoter’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. Quoters may be asked to clarify certain aspects of their Technical and/or Price quote.

Exchanges conducted with regard to resolving minor or clerical errors in any of the quote volumes will not constitute discussions, and the Procurement Contracting Officer (PCO) reserves the right to award a contract without granting an opportunity to revise the original quote.

Evaluation. The Government will award a contract resulting from this solicitation to the responsible Quoter whose quote conforming to the solicitation is the lowest price technically acceptable quote. The following factors shall be used to evaluate quotes:

Volume 1 – Contractor Forms and Certifications Volume 2 - Factor 1 – Technical Capability Volume 3 - Factor 2 – Price

The Government will review Volume 1 for completeness and that the quoter indicated that it is eligible for a Government contract based on the quoter’s responses to the representations, certifications, all contract forms, and other statements required by the solicitation. The quoter shall ensure all Contract Forms, Representations, and Certifications have been completed as required. Incomplete quotes regarding such items may render the quote ineligible for award.

The Government shall evaluate Factor 1, Technical Capability, using the following adjectival ratings:

Adjectival Rating Description

Acceptable (A) Quote clearly meets the requirements of Attachment 2 – Contractor Requirements Submission Matrix

Unacceptable (U) Quote does not clearly meet the requirements of Attachment 2

– Contractor Requirements Submission Matrix

A finding of Unacceptable in Factor 1 shall result in the entire quote being determined unacceptable and, therefore, ineligible for award.

M.2 Factor 1 – Technical Capability:

Basis of Evaluation: The Government will evaluate information submitted by the Quoter for this factor and will make an acceptable or unacceptable rating in accordance with the table above.

It is the expectation that the Technical quote and copies of certifications will support the assertions in Attachment 2;

however, in the event of any discrepancies or inconsistencies between Attachment 2, the Technical quote and certifications, the information in the Technical quote and certifications shall control.

Proximity of the Quoter’s facilities, where all maintenance and repair work shall be performed, to the Stennis Space Center, MS area, will be evaluated based on the distance from Contractor’s www.SAM.gov address to the Government Location as stated in the RFQ via GOOGLEMAPS for distance, unless the Quoter provides a specific work-facility location to be used for distance calculation.

M.3 Factor 2 - Price:

Basis of Evaluation: All prices proposed in Attachment 3 – IDIQ Pricing Worksheet, including the option permitted under FAR 52.217-8 will be evaluated for price reasonableness in accordance with FAR 13.106-3 based on competitive quotes. The Government will determine the total evaluated price for award purposes by adding the total prices for all three years, and the six month extension via FAR 52.217-8. The evaluated price of the option under FAR 52.217-8 will be calculated by the Government at 50% of the total price for Year 3.

All quoters shall be considered in terms of price, lowest to highest, and then the apparent lowest-priced quoter will be evaluated for completeness and conformance with the RFQ instructions and acceptability under the technical factor. If the lowest-price quoter is evaluated as unacceptable, the acceptability of the next lowest-price quoter will be evaluated, continuing this process as necessary.

The Government reserves the right at its discretion to seek additional information from the lowest priced quoter for evaluation and award purposes without seeking information from other quoters or allowing other quoters to submit revised quotes.

Work Package 0006 – Material Services (ONLY) Attachment 3a – Material Services Worksheet pricing will only be used to determine reasonableness of the quoted labor rates and will not be factored into the total evaluated price calculation. Actual quantities for labor hours and material pricing will be based on the over and above work request (OAWR) as required by DFARS 252.217-7028 at the task order level.

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2020)

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

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

XX (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).

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

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

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

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

___ (5) [Reserved]

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

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

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

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

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

XX (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 2020) (15 U.S.C. 637(d)(4)).

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

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

____ (iv) Alternate III (MAR 2020) of 52.219-9.

____ (v) Alternate IV (AUG 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

XX (31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

XX (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

XX (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

XX (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

XX (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(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.)

XX (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

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

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

XX (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

____ (49) (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.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (60) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (62)(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.

____ (iii) Alternate II (FEB 2006) 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.)

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

XX (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

chapter 67).

XX (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

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

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

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

(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.