HDEC0418R0011.pdf

SEE ADDENDUM

(No Collect Calls)

HDEC04-18-R-0011 05-Dec-2017

b. TELEPHONE NUMBER

(804) 734-8000 EXT 86232

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 03 Jan 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

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.

HDEC049. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RICHARD G. BOEHM

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 OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DEFENSE COMMISSARY AGENCY

SUPPLY & EQUIPMENT DIVISION

BUILDING P 11200

1300 E AVENUE

FORT LEE VA 23801-1800

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

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

(804) 734-8269/8886FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

333924

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 OF44

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.

HDEC04-18-R-0011

Section SF 1449 - CONTINUATION SHEET

PERIOD OF PERFORMANCE

Base Year: March 1, 2018 through February 28, 2019 First Option Period: March 1, 2019 through February 29, 2020 Second Option Period: March 1, 2020 through February 28, 2021 Third Option Period: March 1, 2021 through February 28, 2022 Fourth Option Period: March 1, 2022 through February 28, 2023

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

The following information is added to the respective paragraphs of FAR 52.212-1:

(a) North American Industry Classification System (NAICS) code and small business size standard: The applicable NAICS to this solicitation is 333924 and the Size Standard is 750. Your Reps and Certs must include the NAICS applicable to this solicitation document and indicate your organization’s business size status.

(b) Submission of Offer: Proposal is to be submitted to the Defense Commissary Agency, Supply/Equipment Acquisition Division, Attn: LEAE, 1300 E. Ave, Fort Lee, VA 23801-1800. Faxed, scanned or e-mailed copies will be accepted. You may send to the fax number: 804-734-8009 (Press pause button 2 times) then 76232 or email to richard.boehm@deca.mil. The complete proposal with authorized representative’s signature must be received by the closing date and time.

(b)(4) Product Information: Offeror shall submit descriptive literature, a matrix, specifications, drawings, or other information that demonstrates that their proposed product meets or exceeds ALL the mandatory generalized operating specifications of the Commissary Equipment Description (CED) 2G11-1.

Please Note: For all line items subject to the Trade Agreements--Basic of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2) of this provision, is a U.S.-made, qualifying country, or designated country end product.

(b)(6) Price: Provide your best price for each line item and enter the total price for the maximum quantity for each line item. Enter all pricing for the base and option years. The resultant contract will be FOB Destination.

Please ensure that you include your freight charges in the price of your product.

(b)(8) Offeror must have updated on-line representations and certification completed online with https://sam.gov. IAW 52.212-3 (pages 29 & 30), the Offeror shall complete paragraphs (b) if the Offeror has completed the annual representations and certifications electronically via SAM (System for Award Management). If the Offeror has not completed the electronic representations and certifications, then the offeror shall complete only paragraphs (c) through (u) of the provisions and submit with their proposal. Per FAR 4.1201(a): Prospective contractor shall complete electronic annual representations and certifications at SAM accessed via https://www.acquisition.gov as a part of required registration (see FAR 4.1102).

(b)(10). Past Performance References: Submit at least 5 references; companies that you have conducted business with over the last five years for delivery of products that are similar to those listed in this solicitation.

Provide by email the following information for each reference to Richard Boehm at richard.boehm@deca.mil no later than December 18, 2017:

(1) Delivery Period

(2) Company Name and Address

(3) Point of Contact Name and Title

(4) Phone Number

(5) Facsimile Number

(6) E-Mail Address

(7) Description of Product Delivered

The references will be asked to provide information on your company’s past performance with regard to timeliness, quality of product, and management. The contracting officer will contact the references provided to obtain this information. Any other past performance information available to the contracting officer will also be considered.

(c) The period for acceptance of offers is changed to 90 days.

(g) Be advised that this solicitation will result in one requirements contract with indefinite quantities. See clause 52.216-21, REQUIREMENTS, (OCT 1995) (page 58) for more details.

Note: The following information is added to the respective paragraphs of FAR 252.225-7020 TRADE AGREEMENTS CERTIFICATE--BASIC (NOV 2014), (Incorporated by Reference). The offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2) of this provision (other non-designated country end products), is a U.S. made, qualifying country, or designated country-end product. Include certification with your proposal.

(End of Clause)

ADDENDUM TO 52.212-4

TERMS AND CONDITIONS – COMMERCIAL ITEMS

The following information is added to the respective paragraphs of FAR 52.212-4:

(a) Inspection/Acceptance: Delivery orders will be issued and accessed through the Electronic Document Access System (EDA) http://eda.ogden.disa.mil. Contractors must complete the on-line registration available at the website in order to retrieve documents displayed there.

Delivery is required within 45 days after receipt of delivery order. Delivery to commissaries shall be made between the hours of 7:00 am and 3:00 pm local time, Monday through Friday, excluding official Government Holidays.

Delivery orders will contain the delivery location and any other necessary delivery instructions. The contractor can find the delivery address and points of contact information for each store at www.commissaries.com

(c) Changes: The government may issue unilateral administrative modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address or changes to the accounting and appropriation data.

(g)(1)(v) Shipping: FOB Destination. Some delivery locations may require packaging and preparation for overseas shipment, but the contractor is responsible only for shipment to the port with the EXCEPTION OF SHIPMENT TO ALASKA and HAWAII. Shipments to Alaska and Hawaii will ship directly to Alaska and Hawaii. Equipment destined for overseas shipment will be palletized using best commercial practices so that the equipment arrives at destination without damage. Each Outside Continental United States (OCONUS) delivery order will include packing and marking instructions to the shipping port specified in the order. The contractor shall mark each shipment with the name of the contractor, contract number, and requisition number. Shipping container must be accompanied by documentation including the total weight of product(s) in the container. This requires the weight of all cargo (in the container) plus the tare weight to be verified, notated and entered in the Ocean Carrier's portal, or containers will not be stowed on the ship. Point of Sale (POS) Materials/Supplies shall have the total weight on the bill of lading. Product will not ship without this information.

(i) Payment: Funding will be provided on individual delivery orders. Payment will be made by Defense Finance and Accounting Service (DFAS). Contract payments will be processed electronically via Electronic Funds Transfer (EFT) through the Defense Finance and Accounting Service (DFAS). Prior to DFAS releasing any contract payment, the contractor must submit an combination invoice/receiving report (COMBO) using Wide Area Work Flow (WAWF) electronic commerce. An invoice COMBO is used to invoice for supplies or services and enables the vendor to create a separate invoice and receiving report from the same data entry session, eliminating the need to re-key data. After an invoice COMBO is received, a Government representative will acknowledge acceptance and receipt of the service via WAWF. After all items are properly submitted, the contract payment will be processed via DFAS electronically.

The contractor must access the WAWF Vendor Tools on the DFAS website and complete the requirements to obtain an active WAWF account. This will allow the contractor to submit invoices via WAWF so that payments can be processed electronically through EFT.

For additional WAWF information, see clause 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS AND RECEIVING REPORTS (MAR 2008).

Clause FAR 52.213-1, FAST PAYMENT PROCEDURE (MAY 2006), applies only to shipments destined for locations outside the continental U.S.

FOIA NOTICE

IMPORTANT INFORMATION

FREEDOM OF INFORMATION ACT (FOIA 2009)

Upon award of this contract, the Agency intends to make public the total contract award amount, as well as any awarded individual contract line item pricing (CLIN or Sub-CLIN), within the Agency’s electronic reading room located at www.commissaries.com and on the Government Point of Entry (GPE) www.fbo.gov .

Unexercised Option year prices will not be published.

This action is taken to ensure contract award information is available to the general public pursuant to the President’s January 21, 2009 memorandum regarding the Freedom of Information Act.

Be advised that the contract(s) resulting from this solicitation will be posted at two distinct points during the procurement cycle:

RECENT CONTRACT AWARDS: The first posting will take place immediately after the contracts are awarded and will contain only the base year pricing.

HISTORICAL PRICING: The second posting will take place when it is time for re-solicitation of an existing contract and will contain all CLIN and Sub-CLIN prices for the base period and all exercised options from the contract(s) under re-solicitation.

CED REQUIREMENTS

2G11-I Cart, stocking, heavy, duty General Operating Specifications:

Dimensions:

Minimum 41 inches long / 18 inches wide, 36 inches high.

Operating Characteristics that shall be provided:

All welded, heavy-duty tubular steel or tubular aluminum Two shelves Minimum weight capacity is 600 pounds 2 swivel, 2 rigid casters wheels Wheels to be non-marking type

Industry Standards / Requirement(s):

Warranty period shall be for (1) year from date of delivery against defective material and workmanship and shall include parts, service and labor.

Color Requirement(s): N / A Electrical Requirements: N / A Standard Contractor Requirements:

Must be shipped ready to use.

Maintenance Sustainability Requirements: Continued parts support is required for the projected life cycle of the equipment plus 5 years.

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

CED 2G11-1, Stocking Carts, Heavy Duty

FFP

Base Year: March 1, 2018 through February 28, 2019

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AA 275 Each Stocking Carts, HD (CONUS)

FFP

CED#, 2G11-1,Stocking Carts, Heavy Duty (CONUS)

Make:______________________________________

Model:______________________________________

Warranty Period:______________________________

Warranty POC:________________________________

Note: This SubCLIN is applicable for CONUS only. For CONUS, the contractor is responsible for direct delivery to the final store destination. The unit price shall include transportation charges to the final destination (CONUS).

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AB 5 Each Stocking Carts, HD (AK & HI)

FFP

CED #2G11-1,Stocking Carts, Heavy Duty (Alaska & Hawaii)

Manufacturer________________________________

Model______________________________________

Warranty Period:_____________________________

Warranty POC:_______________________________

This SubCLIN is applicable to orders shipped directly to Alaska and Hawaii locations only. The unit price shall include all costs for delivery of the stocking carts including transportation.

Note: The contractor is responsible for direct delivery to the final store destination.

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AC 10 Each Stocking Carts, HD (Puerto Rico)

FFP

CED #2G11-1,Stocking Carts, Heavy Duty (Puerto Rico)

Manufacturer:________________________________

Model:______________________________________

Warranty Period:______________________________

Warranty POC:________________________________

Note: This SubCLIN is applicable for Puerto Rico store locations only. For shipments with a final destination of Puerto Rico, the contractor is responsible to delivery the shipment to the appropriate port IAW packing and marking instructions as specified in the order IAW ADDENDUM TO 52.212-4(g)(1)(v) on pages 4 & 5. The unit price shall include transportation charges to the port specified.

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION CED 2G11-1, Stocking Carts, Heavy Duty

Option Year 1: March 1, 2019 through February 28, 2020

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AA 178 Each OPTION Stocking Carts, HD (CONUS)

FFP

CED #2G11-1, Stocking Carts, Heavy Duty (CONUS)

Manufacturer:__________________________________

Model:________________________________________

Warranty Period:________________________________

Warranty POC:__________________________________

Note: This SubCLIN is applicable for all CONUS locations only. For CONUS, the contractor is responsible for direct delivery to the final store destination. The unit price shall include all transportation charges to the final destination (CONUS).

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AB 5 Each OPTION Stocking Carts, HD (AK & HI)

FFP

CED #2G11-1, Stocking Carts, Heavy Duty (Alaska & Hawaii)

Note: This SubCLIN is applicable to delivery orders shipped directly to Alaska and Hawaii locations only. The unit price shall include all costs for delivery of the stocking carts including transportation.

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AC

Stocking Carts, HD (Puerto Rico)

FFP

CED #2G11-1, Stocking Carts, Heavy Duty (Puerto Rico)

Manufacturer:___________________________________

Make:__________________________________________

Warranty Period:_________________________________

Warranty POC:___________________________________ shipments with a final destination of Puerto Rico, the contractor is responsible for delivery to the appropriate port IAW packing and marking instructions as specified in the order IAW ADDENDUM TO 52.212-4(g)(1)(v) on pages 4 & 5. The unit price shall include transportation charges to the port specified.

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION CED 2G11-1, Stocking Carts, Heavy Duty

Option Year 2: March 1, 2020 through February 28, 2021

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AA 349 Each OPTION Stocking Carts, HD (CONUS)

FFP

CED #2G11-1,Stocking Carts, Heavy Duty (CONUS)

Note: This SubCLIN is applicable for CONUS locations only. For CONUS, the contractor is responsible for direct delivery to the final store destination. The unit

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AB 5 Each OPTION Stocking Carts, HD (AK & HI)

FFP

CED #2G11-1,Stocking Carts, Heavy Duty (Alaska & Hawaii)

Warranty POC:_________________________________

Hawaii locations only. The unit price shall include all costs for delivery of the stocking carts including transportation.

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AC 7 Each OPTION Stocking Carts, HD (Puerto Rico)

FFP

This SubCLIN is applicable for Puerto Rico store locations only. For shipments with a final destination of Puerto Rico, the contractor is responsible to deliver the shipment to the appropriate port IAW packing and marking instructions as specified in the order IAW ADDENDUM TO 52.212-4(g)(1)(v) on pages 4 & 5.

The unit price shall include all transportation charges to the port specified.

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION CED 2G11-1, Stocking Carts, Heavy Duty

Option Year 3: March 1, 2021 through February 28, 2022

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AA 483 Each OPTION Stocking Carts, HD (CONUS)

FFP

contractor is responsible for direct delivery to the final store destination. The unit

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AB 5 Each OPTION Stocking Carts, HD (AK & HI)

FFP

Note: This SubCLIN is applicable for delivery orders shipped directly to Alaska and Hawaii locations only. The unit price shall include all costs for delivery of the stocking carts, including transportation.

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AC 5 Each OPTION Stocking Carts, HD (Puerto Rico)

FFP

shipments with a final destination of Puerto Rico, the contractor is responsible to deliver the shipment to the appropriate port IAW packing and marking instructions as specified in the delivery order IAW ADDENDUM TO 52.212-4(g)(1)(v) on pages 4 & 5. The unit price shall include all transportation charges to the port specified.

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION CED 2G11-1, Stocking Carts, Heavy Duty

Option Year 4: March 1, 2022 through February 28, 2023

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AA 479 Each OPTION Stocking Carts, HD (CONUS)

FFP

contractor is responsible for direct delivery to the final store destination. The unit

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AB 5 Each OPTION Stocking Carts, HD (AK & HI)

FFP

Hawaii locations only. The unit price shall include all costs for delivery of the stocking carts including transportation.

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AC 7 Each OPTION Stocking Carts, HD (Puerto Rico)

FFP

shipments with a final destination of Puerto Rico, the contractor is responsible for delivery to the appropriate port IAW packing and marking instructions as specified in the delivery order IAW ADDENDUM TO 52.212-4(g)(1)(v) on pages 4 & 5.

The unit price shall include all transportation charges to the port specified.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.213-1 Fast Payment Procedure MAY 2006 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-17 Interest MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.233-4500 Independent Review of Agency Protests OCT 2011 52.242-13 Bankruptcy JUL 1995 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

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

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations

JUN 2015

252.216-7009 Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding

SEP 2013

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7021 Trade Agreements--Basic DEC 2016 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

SEP 2004

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.247-7023 Alt II Transportation of Supplies by Sea (APR 2014) Alternate II APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(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 offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Technical Acceptablility of Product

2. Past Performance

a. Timeliness

b. Quality of Products

c. Business Relations

3. Price

(b) Award will be made to the lowest-priced, technically acceptable offer. Offerors will be determined to be technically acceptable if their product complies with the Commissary Equipment Description (CED) requirements and by receiving at least an acceptable rating for each past performance subfactor. For the proposed product to be acceptable, the offeror's product must meet or exceed the stated general and operational characteristics. The table below illustrates the Technical Acceptable/Unacceptable Rating Method:

Technical Acceptable / Unacceptable Ratings *All factors and sub-factors must receive an “acceptable” rating in order to be considered for award*

Rating Description

Acceptable Proposal meets the minimum requirements of the solicitation.

Unacceptable Proposal does not meet the minimum requirements of the solicitation.

Total evaluated price will be determined by applying each offeror's unit price to the estimated quantity per Sub- CLIN, and totaling each CLIN for a total evaluated price, for the base and four option periods. Only one award is possible.

(c) The evaluation of past performance will be an assessment base on a consideration of all relevant facts and circumstances. It will not be based upon absolute standards of acceptable performance, but an offeror's overall past performance history. The Government may consider information obtained from various resources relating to past performance including CPARS and PPIRS. The Government is seeking to determine whether the offeror has consistenly demonstrated a genuine concern for customer satisfaction, and timely delivery of quality goods. This determination is a matter of judgment. The table below illustrates the Past Performance Acceptable/Unacceptable Rating Method:

Past Performance Acceptable / Unacceptable Ratings

Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will successfully perform the required effort.

In the case of offerors for which there is no information on past contract performance or where past performance information is not available, the offeror will receive a "neutral" rating. A "neutral" rating will be deemed acceptable.

(d) 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).

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

The Government reserves the right to award without discussion.

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

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

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xii) ___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 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.)

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

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 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).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. Facsimile proposal, as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is:804-734-8000, press pause, pause then, xt 76232..

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm, Fixed-Price, Requirements Type contract resulting from this solicitation.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 (one), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of 50 (Fifty);

(2) Any order for a combination of items in excess of 50 (Fifty); or

(3) A series of orders from the same ordering office within 7 (seven) days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 (Five) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 REQUIREMENTS (OCT 1995)

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

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

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

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after February 28, 2019; or February 29, 2020, if the first option is exercised; or February 28, 2021, if the second option is exercised; or February 28, 2022, if the third option is exercised; or February 28, 2023, if the fourth option is excercised.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days ;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

52.217-4500 OPTION TO EXTEND CONTRACT DELIVERY (AUG 2004)

The Government may require continued delivery of any supplies within the limits and at the prices specified in the contract. This option provision may be exercised more than once, but the total extension of the delivery period hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to expiration of the contract delivery period.

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

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

``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.225-18 PLACE OF MANUFACTURE (MAR 2015)

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ___ ) Outside the United States.

52.228-4500 LIABILITY TO THIRD PERSONS (APR 1997)

The contractor shall be responsible for and hold the Government harmless from all claims on the part of persons not a party to this contract for personal injury, death, and property loss or damage caused in whole or in part by the fault or negligence of the contractor, his officers, agents, or employees in the performance of work under this contract.

52.228-4501 VEHICLE OPERATION AND INSURANCE (DEC 2001)

a. All private-owned and Contractor-owned vehicles shall be properly licensed, insured and safety inspected in accordance with applicable federal, state and local regulations. The following automotive liability coverage is required:

(1) For Contractor-owned vehicles: Bodily injury $200,000 per person, $500,000 per occurrence; property damage $20,000 per occurrence.

(2) For privately-owned vehicles: Bodily injury and property damage insurance meeting requirements of state in which vehicle is registered.

b. Vehicles licensed or registered in a state which requires a…