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HDEC0419R0059

Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

CED 2R24, Mobile Food Storage Shelving

FFP

Base Period May 1, 2020, or date of award if later - April 30, 2021

Applies to all CONUS and OCONUS commissary locations including Puerto Rico, Far East and Europe.

ESTIMATED

NET AMT

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

0001AA

Food Storage Shelving (CONUS)

Manufacturer:

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

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

0001AB

Food Storage Shelving (OCONUS)

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable for OCONUS and Puerto Rico locations only EXCEPT Alaska and Hawaii locations. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212-4(g)(1)(v). The unit price shall include transportation charges to the port specified.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

0001AC

Food Storage Shelving ALASKA

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable to orders shipped directly to Alaska locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the warehouse ladders including shipping and transportation costs.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

0001AD

Food Storage Shelving HAWAII

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable to orders shipped directly to Hawaii locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the warehouse ladders including shipping and transportation costs.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
OPTION
CED 2R24, Mobile Food Storage Shelving

FFP

Option Period May,1 2021 - April, 30 2022

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

1001AA

Food Storage Shelving (CONUS)

Manufacturer:

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

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

1001AB

Food Storage Shelving (OCONUS)

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable for OCONUS and Puerto Rico locations only EXCEPT Alaska and Hawaii locations. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212-4(g)(1)(v). The unit price shall include transportation charges to the port specified.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

1001AC

Food Storage Shelving ALASKA

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable to orders shipped directly to Alaska locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the warehouse ladders including shipping and transportation costs.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

1001AD

Food Storage Shelving HAWAII

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable to orders shipped directly to Hawaii locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the warehouse ladders including shipping and transportation costs.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
OPTION
CED 2R24, Mobile Food Storage Shelving

FFP

option Period May,1 2022 - April, 30 2023

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

2001AA

Food Storage Shelving (CONUS)

Manufacturer:

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

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

2001AB

Food Storage Shelving (OCONUS)

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable for OCONUS and Puerto Rico locations only EXCEPT Alaska and Hawaii locations. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212-4(g)(1)(v). The unit price shall include transportation charges to the port specified.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

2001AC

Food Storage Shelving ALASKA

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable to orders shipped directly to Alaska locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the warehouse ladders including shipping and transportation costs.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

2001AD

Food Storage Shelving HAWAII

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable to orders shipped directly to Hawaii locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the warehouse ladders including shipping and transportation costs.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
OPTION
CED 2R24, Mobile Food Storage Shelving

FFP

Option Period May,1 2023 - April, 30 2024

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

3001AA

Food Storage Shelving (CONUS)

Manufacturer:

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

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

3001AB

Food Storage Shelving (OCONUS)

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable for OCONUS and Puerto Rico locations only EXCEPT Alaska and Hawaii locations. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212-4(g)(1)(v). The unit price shall include transportation charges to the port specified.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

3001AC

Food Storage Shelving ALASKA

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable to orders shipped directly to Alaska locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the warehouse ladders including shipping and transportation costs.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

3001AD

Food Storage Shelving HAWAII

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable to orders shipped directly to Hawaii locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the warehouse ladders including shipping and transportation costs.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
OPTION
CED 2R24, Mobile Food Storage Shelving

FFP

Option Period May,1 2024 - April, 30 2024

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

4001AA

Food Storage Shelving (CONUS)

Manufacturer:

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

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

4001AB

Food Storage Shelving (OCONUS)

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable for OCONUS and Puerto Rico locations only EXCEPT Alaska and Hawaii locations. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212-4(g)(1)(v). The unit price shall include transportation charges to the port specified.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

4001AC

Food Storage Shelving ALASKA

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable to orders shipped directly to Alaska locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the warehouse ladders including shipping and transportation costs.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

4001AD

Food Storage Shelving HAWAII

Manufacturer:

Model:

Warranty Period:

Warranty POC:

Note: This SubCLIN is applicable to orders shipped directly to Hawaii locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the warehouse ladders including shipping and transportation costs.

FOB: Destination

ESTIMATED

CLAUSES INCORPORATED BY REFERENCE

52.203-19
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-7
System for Award Management
OCT 2018
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
OCT 2018
52.204-13
System for Award Management Maintenance
OCT 2018
52.204-19
Incorporation by Reference of Representations and Certifications.
DEC 2014
52.204-23
Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-25
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1
Instructions to Offerors--Commercial Items
OCT 2018
52.212-3 Alt I
Offeror Representations and Certifications--Commercial Items (OCT 2018) Alternate I
OCT 2014
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
52.213-1
Fast Payment Procedure
MAY 2006
52.215-5
Facsimile Proposals
OCT 1997
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
JAN 2018
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
SEP 2016
52.222-50
Combating Trafficking in Persons
JAN 2019
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-18
Place of Manufacture
AUG 2018
52.232-33
Payment by Electronic Funds Transfer--System for Award Management
OCT 2018
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
52.242-13
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
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.213-7000
Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations
MAR 2018
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
252.225-7001
Buy American And Balance Of Payments Program-- Basic
DEC 2017
252.225-7002
Qualifying Country Sources As Subcontractors
DEC 2017
252.225-7048
Export-Controlled Items
JUN 2013
252.232-7010
Levies on Contract Payments
DEC 2006
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.244-7000
Subcontracts for Commercial Items
JUN 2013
252.247-7023 Alt II
Transportation of Supplies by Sea (FEB 2019) Alternate II
FEB 2019

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.

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS ADDENDUM

(1) Submission Requirement

(b) Submission of Offers: Proposals are to be submitted to the Defense Commissary Agency, Supply/Equipment Acquisition Division, Attn: CCQS, 1300 E. Ave, Fort Lee, VA 23801-1800. E-mailed copies will be accepted. You may email to Sheu.Mojeed@deca.mil. The complete package with authorized representative’s signature must be received by the closing date and time in order to be considered for award.

(c) Offerors are required to be registered in the Systems for Awards Management (SAM) database at http://sam.gov.

(d) Product Information: Offerors shall submit descriptive literature, a matrix, specifications, drawings or other information that demonstrates that their proposed product meet or exceed ALL the mandatory general and operations specifications of the Commissary Equipment Description (CED) 2R24, Shelving, food storage, mobile, provided in the SF 1449.

Technical specifications for the equipment covered by this requirement can be found on the Automated Commercial Equipment Description (ACED) website. Please reference the complete Commercial Equipment Description (CED) of the requested items at www.commissaries.com. Use the following instructions to navigate the website:

1) Go to: www.commissaries.com

2) To “Our Agency”

3) To “Business with DECA - Contracting”

4) To “Equipment, Maintenance & Supply

5) To “Equipment - Automated Commissary Equipment Descriptions (ACED) is here!”

6) To “ACED”

7) Enter the “CED Number” search by and click "Apply"

8) The CED will open for viewing/printing.

(e) Past Performance References (submission requirements): Submit at least three (3) references from companies that you have conducted business with in delivery of products that are similar to those listed in the solicitation. References must be emailed to Sheu.Mojeed@deca.mil. Offeror must ensure that HDEC04-19-R-0059 is in the email subject line. The following information must be provided with each reference:

(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 regards to timeliness of delivery, quality, management and business relations. 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.

Past performance references are due 7 days prior to the closing date of the solicitation.

(2) The Government will evaluate the product’s technical acceptability to determine whether or not the Offeror's quote will satisfy the Government's minimum requirement, as follows:

· Acceptable – product clearly meets the minimum requirements of the solicitation

· Unacceptable – product does not clearly meet the minimum requirements of the solicitation

(End of provision)

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

(a) The Government will award a firm fixed price contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. The Government will consider Price and the following additional factors to evaluate offers:

1.Technical Acceptability of Products 2.Past Performance (a)Timeliness (b)Quality of Products (c)Management 3.Price

(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).

(c) 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.

52.212-4 ADDENDUM

CONTRACT 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 at least 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. 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 EFT through the Defense Finance and Accounting Service (DFAS). Prior to DFAS releasing any contract payment, the contractor must submit an invoice 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.

(End of Clause)

Base Year:May 1, 2020 through April 30, 2021
Option Year 1:May 1, 2021 through April 30, 2022
Option Year 2:May 1, 2022 through April 30, 2023
Option Year 3:May 1, 2023 through April 30, 2024
Option Year 4:May 1, 2024 through April 30, 2025

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (AUG 2019)

(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 clauses of 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, 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).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 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).

(xxi) 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.

(xxii) 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.

(End of clause)

52.213-3 NOTICE TO SUPPLIER (APR 1984)

This is a firm order ONLY if your price does not exceed the maximum line item or total price in the Schedule. Submit invoices to the Contracting Officer. If you cannot perform in exact accordance with this order, WITHHOLD PERFORMANCE and notify the Contracting Officer immediately, giving your quotation.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Priced-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 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 23.

(2) Any order for a combination of items in excess of 65; or

(3) A series of orders from the same ordering office within 7days 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 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 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 October 31, 2021, or October 31, 2022, if the first option is exercised or October 31, 2023, if the second option is exercised or October 31, 2024, if the third option is exercised or Octorber 31, 2025, if the fourth option is exercised

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; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days 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.

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-O0003) (JAN 2019)

(a) Definition. “Small business concern,” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

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.

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at TerList1.html. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac/.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

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

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.

52.228-4501 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 mechanical safety inspection must display a valid inspection sticker.

c. All vehicles operating at the installation are subject to the installation traffic code, copies of which are available in the office of the installation Provost Marshal.

52.228-4502 OTHER INSURANCE REQUIREMENTS (OCT 1995)

The contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance and shall furnish a certificate upon request by the Contracting Officer:

(1) Workmen's Compensation: As required by law of the State of

(2) Employer's Liability: $100,000

(3) Comprehensive General Liability: $500,000 each occurrence.

52.233-4500 INDEPENDENT REVIEW OF AGENCY PROTESTS (NOV 2011)

Offerors/bidders may submit their agency protest directly to the contracting officer or request an independent review at a level above the contracting officer. The independent review is available as an alternative to consideration of the agency protest by the contracting officer. The independent review is not an appeal of the contracting officer's decision on an agency protest.

Agency protests for consideration by the contracting officer must be submitted to the issuing office indicated on the face of the solicitation. Agency protests for consideration by a level above the contracting officer must be submitted to:

Director, Acquisition Management Defense Commissary Agency

ATTN: LEA

1300 E Avenue Fort Lee, Virginia 23801-1800

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ https://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defence Federal Acquisition Regulation (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.209-7993 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2014 APPROPRIATIONS (DEVIATION 2014-OO0009) (FEB 2014)

(a) In accordance with sections 8113 and 8114 of the Department of Defense Appropriations Act, 2014, and sections 414 and 415 of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2014 (Public Law 113-76, Divisions C and J), none of the funds made available by those divisions (including Military Construction funds) may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

252.215-7008 ONLY ONE OFFER (JUL 2019)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to--

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from date of award through 12 months

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

(a) Definitions.

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