HE1254-17-Q-0009.pdf
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- Solicitation number
- HE1254-17-Q-0009
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Department of Defense Education Activity
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SEE ADDENDUM
(No Collect Calls)
HE1254-17-Q-0009 12-May-2017
b. TELEPHONE NUMBER
571-372-1445
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 05 Jun 2017
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.
HE12549. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
NINA LIN
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
DOD EDUCATION ACTIVITY
ATTN: PROCUREMENT DIVISION
4800 MARK CENTER DRIVE
SUITE 05F09-02
ALEXANDRIA VA 22350-1400
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 HE1254 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
SEE INDIVIDUAL DELIVERY ORDERS
SEE POINTS OF CONTACT IN THE DELIVERY ORDER
VA
TEL: PROVIDED ON DELIVERY ORDER FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,000
NAICS:
519130
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 OF54
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.
HE1254-17-Q-0009
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
0001 500 Each Teacher Web-Based Digital Resources
FFP
Base Term Ordering Period: 1 August 17 - 31 July 18 FOB: Destination
ESTIMATED
NET AMT
PSC Code 7610
UNIT UNIT PRICE ESTIMATED AMOUNT
1001 500 Each OPTION Teacher Web-Based Digital Resources
FFP
Option Term One Ordering Period: 1 August 18 - 31 July 19
UNIT UNIT PRICE ESTIMATED AMOUNT
2001 500 Each OPTION Teacher Web-Based Digital Resources
FFP
Option Term Two Ordering Period: 1 August 19 - 31 July 20
UNIT UNIT PRICE ESTIMATED AMOUNT
3001 500 Each OPTION Teacher Web-Based Digital Resources
FFP
Option Term Three Ordering Period: 1 August 20 - 31 July 21
UNIT UNIT PRICE ESTIMATED AMOUNT
4001 500 Each OPTION Teacher Web-Based Digital Resources
FFP
Option Term Four Ordering Period: 1 August 21 - 31 July 22
Notice to Offerors
The Department of Defense Education Activity (DoDEA) serves the dependents of military and civilian employees by providing PK-12 instruction to approximately 72,000 students. DoDEA is divided into eight districts that administer 167 brick-and-mortar schools. The Americas’ Southeast and Mid-Atlantic districts have 54 schools in seven states and Puerto Rico, and for administrative purposes, Cuba. Europe’s South, East, and West districts have 65 schools in England, Germany, Italy, Belgium, Netherlands, Spain, Turkey, and Bahrain. The Pacific’s West, East, and South districts have 48 schools in Korea, Japan (mainland and Okinawa), and for administrative purposes, Guam. DoDEA also operates a Virtual High School with its main office in Virginia and teaching hubs in Germany and Okinawa.
DoDEA requires comprehensive web-based support for teachers of K-12 students with moderate-to-severe disabilities (See Statement of Work for full details of requirements).
DoDEA intends to award a single Firm-Fixed Price Requirements (i.e. a type of contract that allows for placing orders against it) contract for the entire effort. This solicitation anticipates a contract that will result in an initial 12-month base ordering period followed by up to four 12-month optional ordering periods for a total potential ordering period of five years.
This solicitation is formatted as follows:
Section 1- SF 1449 (cover page), Schedule of Supplies, Notice to Offerors, Inspection and Acceptance Terms, Delivery Information, Statement of Work and Administrative Information
Section 2- Contract Clauses that will be included in the resulting contract
Section 3- Contract Documents, Exhibits, and Attachments
Section 4- Solicitation Provisions
A- Instructions to Offerors
B- Evaluation
C - Offeror Representations and Certifications
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 POP 01-AUG-2017 TO
31-JUL-2018
N/A SEE INDIVIDUAL DELIVERY ORDERS
SEE POINTS OF CONTACT IN THE
DELIVERY ORDER
VA
PROVIDED ON DELIVERY ORDER
HE1254
1001 POP 01-AUG-2018 TO
31-JUL-2019
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-AUG-2019 TO
31-JUL-2020
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-AUG-2020 TO
31-JUL-2021
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-AUG-2021 TO
31-JUL-2022
N/A (SAME AS PREVIOUS LOCATION)
Comprehensive Web-Based Support for Teachers of K-12 Students with Moderate-to-Severe Disabilities
1.0 BACKGROUND
1.1 DoDEA has recently adopted the Common Core State Standards (CCSS) in ELA/Literacy and Mathematics which DoDEA refers to as College and Career Ready Standards (CCRS) for English Literacy and Mathematics. These standards reflect the knowledge and skills students need for success in college and careers.
1.2 DoDEA has been using Rethink Autism web-based resources to support teachers of grades K-12 students with moderate-to-severe disabilities since 2011. Its resources meet the needs of DoDEA students with autism and a variety of students who require education for special needs/disabilities.
2.0 SCOPE
2.1 DoDEA requires comprehensive web-based support for teachers of K-12 students with moderate-to-severe disabilities that are fully aligned to the Common Core State Standards
(CCSS).
3.0 REQUIREMENTS
3.1 The Contractor shall provide comprehensive web-based support for teachers in delivering instruction, managing student behavior, and tracking student progress.
3.1.1 The program shall possess the following components:
a) K-5 curriculum with documented effectiveness that uses research-based teaching methods and the basic principles of applied behavior analysis (ABA).
b) 6-12 transition curriculum for students working on non-academic goals.
c) Assistance for educators developing individual education plan (IEP) goals and objectives aligned to the CCSS.
d) Behavior support that enables educators to develop data-driven individualized behavior intervention plans (BIP).
e) Assessment data to enable educators to develop a data-driven individualized program and printable age- and developmentally-appropriate lesson plans for each student that are concise and specific to each required/applicable skill.
f) Digital data collection that tracks individual student progress and allows access to the data to selected users at the school, district and/or headquarters levels.
g) Consultation about student behavior/progress via telephone, videoconference, or email.
h) Ongoing technical support.
3.1.2 General: All support materials shall have the following characteristics:
a) Be based on current research and best practices which have documented effectiveness and use research-based teaching methods and the basic principles of ABA.
b) Provide opportunities for differentiated instruction to meet the instructional needs of all students.
c) Promote conceptual understanding and design problems around real–life situations. Include interdisciplinary connections.
d) Provide opportunities for students to create questions, articulate ideas, formulate understanding, and make relevant applications. Support discussion and self-reflection as a strategy for concept mastery.
e) Include lessons that are designed to use multiple technologies and methods.
f) Have technology components for students and teachers that extend beyond the digital online platform to facilitate program delivery.
g) Be free of racial, color, national origin, age, disabling conditions, sexual, religious, and ethnic bias, and shall present a balanced coverage of multi-cultural contributions, where appropriate.
3.1.3 The contractor shall provide, upon request, two digital Optical Character Resolution (OCR) copies of all print materials. A digital copy of these materials shall be provided in one or more of the following formats:
Digital Accessible Information System (DAISY)/ National Instructional Materials.
Accessibility Standard (NIMAS) with cascading style sheet.
HyperText Markup Language (HTML).
Portable Document Format (PDF), (unlocked, embedded fonts, single page).
Rich Text Format (RTF)/Word document
3.1.4 Privacy: The Contractor shall:
Ensure that individual user accounts require have unique usernames and passwords and that user accounts do not require personally identifiable information (PII)— first and last name and any other unique personal information—to access online content.
Complete DoD's Privacy Impact Assessment (DD2930a), a requirement of the Privacy Office for any cloud resource that will store information. The form focuses primarily on the kind of required information in the system and the protections in place for data, especially privacy data. This form shall not be signed by the Contractor. Note: Prior to award, it will be completed and signed by DoDEA officials.
3.1.5 Professional Development: The Contractor shall provide an extensive online training curriculum. The training shall be appropriate for both special education instructions as well as paraprofessionals. Each portion of the online curriculum shall be able to be saved and returned to as participants’ work through the training modules.
a) The online training modules will include but not be limited to, the following:
o Reduction of problem behaviors o Increase learner progress academically and behaviorally o Teaching verbal behavior o Use of communication methods that may be verbal or augmentative o Management of learners in groups or individually o Use of data reports, charts and information o Use of lesson plans, Individual Education Program goals, Functional Behavior Assessment, Behavior Intervention Plan and other program components
b) Each online training module will have the following characteristics:
o Last approximately 15-60 minutes o Include teaching demonstrations (video) o Be interactive and suitable for individual and group presentations
3.1.6 Technical Support—The Contractor shall:
a) Provide industry-standard technical support and maintenance for its digital resources. Provide ongoing technical support throughout the life of the contract to include, but not limited to providing assistance with service problems, product setup, upgrades, and troubleshooting. Provide technical support via telephone or at a minimum by email within one business day or less from the initial contact.
b) Maintenance is defined as “automatic distribution of upgrades and revisions that can be accomplished through coordination with the Contracting Officer’s Representative (COR).” The Contractor shall not contact schools directly but shall coordinate the dissemination of upgrades/ revisions through the COR and shall provide electronic access of the updates/revisions to the COR for testing prior to distribution.
3.1.7 Post-Award Tele- or Video Conference: The Contractor shall:
3.1.7.1 Meet with DoDEA Subject matter experts
3.1.7.2 Convent a technical meeting, per SOW 4.3.5.
4.0 TECHNICAL REQUIREMENTS APPLICABLE TO DIGITAL (INFORMATION
TECHNOLOGY) CURRICULUM MATERIALS
4.1 Software and Cloud Testing Requirements
4.1.1 All online resources, cloud-based services and instructional software shall meet
Department of Defense (DoD) and DoDEA Information Assurance requirements as defined below. Software, cloud services and associated websites shall undergo comprehensive testing to ensure that they pose no security risk to the DoDEA infrastructure.
4.1.2 The Contractor shall assure that the proposed product solution does not modify DoDEA’s underlying system security configuration and/or interfere with other installed software. Standard software will undergo pre- and post-installation scans on a clean computer image and over 70 other security and malware validation checks.
4.1.3 In accordance with DoD policy, cloud-based services shall undergo a supplemental series of validations, which closely mirror the Federal Risk and Authorization Management Program (FedRAMP) Internet Cloud vetting processes and include interviews and deep system architecture inspections with the Contractor. The Contractor shall submit a completed copy of the required Cloud Services Questionnaire, which will include details of the proposed cloud service environment addressing the following seven areas:
1. Vendor Data Collection and Distribution Controls
2. Vendor System Management and Security Controls
3. Vendor Data Storage and Data Access Controls
4. Vendor Data and Metadata Retention Controls
5. Vendor Development and Change Management Processes
6. Vendor Test and Development Environment Security Controls
7. Vendor Data Breach, Incident Investigation and Response Mechanisms
4.2 System Requirements
4.2.1 Per Section 4.1 (above), DoDEA requires that any software installed and/or accessed in a DoDEA system, whether network, stand-alone or web-based environment, be compatible with standards cited herein. All software shall be completely functional on a standard DoDEA desktop computer without the need/requirement for administrative-level user rights or a requirement to insert media (CD/DVD) to execute the software. Software shall not require modifications to folder permissions while executing. Also all software shall be compatible with the following hardware baseline:
Specifications Minimum Memory 4 GB
Hard Drive 100 GB Processor Intel-based 2.4 GHz
Operating System Windows 7 Enterprise; Windows 10 Browser Environment Chrome; Edge; IE 10 or higher
4.2.2 The Contractor shall provide the minimum desktop/server system technical specifications, available reference architectures, networking specifications and diagrams, and applicable systems configuration documentation for the proposed product.
4.3 Data Management Requirements
4.3.1 The Contractor shall provide a mechanism for batch administration and automation of routine data management tasks via flat file import, or representational state transfer (REST) based web service application programming interfaces (APIs) including the provisioning and ongoing management of data objects within the Contractor’s system, including but not limited to: organizational structures; student accounts;
staff accounts; courses; and class rosters.
4.3.2 The Contractor shall provide all necessary documentation and assets to facilitate batch administration and automation of routine data management tasks, including but not limited to: roster template files (i.e. comma separated value templates);
data element/field definitions documentation; data interchange formats and schemas (XML/JSON); and/or data dictionaries for the purpose of mapping organizational Student Information System (SIS) data to the Contractor’s required input formats.
4.3.3 The Contractor shall provide a single point of contact to support DoDEA in performing required data integration activities within the Contractor’s system.
4.3.4 The Contractor shall configure DoDEA enterprise within its system and/or databases as the appropriate organizational entity (i.e., state, district, school) upon a request in writing from the Contracting Officer’s Representative (COR).
DoDEA’s organization hierarchy consists of the following: one system, three regions, eight districts, 62 communities, and 168 schools, which includes the Virtual High School.
4.3.5 The Contractor shall set up a technical meeting with DoDEA within 10 business days after award for the purposes of preparing for the onboarding of new services and the initial configuration of administrator level accounts.
4.4 DoDEA Software License Keys
The Contractor shall provide license keys and electronic downloads for software required under this Contract to the DoDEA Contracting Officer’s Representative (COR). Software shall not be provided directly to DoDEA school, district, and/or region offices unless explicitly identified in the Requirements section of the contract or in writing by the
COR.
4.5 DoDEA Information Assurance Supporting Elements / Requirements
4.5.1 DoDEA is subject to Federal law and DoD policy and guidance. These requirements include, but are not limited to, the Information Assurance requirements defined in:
DoD Directive (DoDD) 8500.01E, Information Assurance, which may be found at http://dodcio.defense.gov/Portals/0/Documents/DIEA/850001p.pdf DoD Risk Management Framework (DODRMF) per DoD Instruction 8510.01, which may be found at http://www.dtic.mil/whs/directives/corres/pdf/851001_2014.pdf
DoD Security Technical Implementation Guidance (STIG), which may be found at http://iase.disa.mil/stigs/Pages/index.aspx
4.5.2 The Contractor shall provide security patches and upgrades to include third-party applications in response to public-released security vulnerabilities associated with its software solution. Software upgrades and patches shall be included in the licensing cost and be performed at the least disruptive times as determined by DoDEA.
Any deviations from this requirement will be approved in writing by the DoDEA Chief Technology Officer.
4.5.3 All software packages shall support unattended installation methods used by enterprise software packaging and deployment systems. DoDEA currently distributes software packages via Microsoft System Center Configuration Manager (SCCM). Note:
Older 16-bit software will be automatically denied per this requirement.
4.5.4 Any portion of the Contractor's solution that:
4.5.4.1 Involves Internet access by DoDEA students shall comply with the relevant requirements of the Children's Internet Protection Act, Pub.L.
106-554, § 1(a)(4) [Div. B, Title XVII, § 1701], Dec. 21, 2000, 114 Stat.
2763, 2763A-335.
4.5.4.2 Collects or stores agency-owned or agency-controlled personally identifiable information shall do so in accordance with the relevant requirements of the Privacy Act, 5 U.S.C. See http://www.archives.gov/about/laws/privacy-act-1974.html.
4.5.4.3 Collect information from children under the age of 13 through the Internet shall comply with the relevant requirements of the Children's Online Privacy Protection Act, 15 U.S.C.A. § 6501 et seq.
4.5.5 Contractor’s solution shall be robust enough to serve the needs of a large community of learners dispersed across the world using a variety of bandwidths. They shall be scalable to meet future growth, both in terms of instruction and the number of users.
4.5.6 All Contractor staff having access to DoDEA student and/or teacher personally identifiable information shall take the DoD Privacy Act/ Personally Identifiable Information (PA and PPI/PII) training before gaining access to the data and yearly thereafter.
4.6 Section 508 Compliance - EIT Requirement: All electronic hardware and software must comply with Section 508 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. 794d) and Architectural and Transportation Barriers Compliance Board Electronic Information Technology (EIT) Accessibility Standards (36 CFR part 1194). Further information is available at the following URL: http://www.section508.gov.
5.0 PERFORMANCE AND DELIVERY SCHEDULE
Period Task Ref. Timeline
Base Term
Post-Award Conference with subject matter experts
3.1.7.1 Five business days after award
Post-Award Conference technical meeting
3.1.7.2, 4.3.5
Ten business days after award
Web-based Resources 3.1 Access: Two business days after receipt of delivery order
Professional Development 3.1.5 Access: Two business days after receipt of delivery order
Technical Support 3.1.6 Ongoing after receipt of web-based access
Option Terms 1-4
Web-based Resources 3.1 Access: Two business days after receipt of delivery order
Technical Support 3.1.6 Ongoing after receipt of web-based access
(End of Statement of Work)
ADMINISTRATIVE INFORMATION
a. Points of Contact:
Contracting Officer:
Andrew Christen 4800 Mark Center Drive, 5th Fl Suite 05G03-01- Attn: Procurement Division Alexandria, VA 22350-1400 Telephone: 571-372-1337 Andrew.Christen@hq.dodea.edu
Contract Specialist:
Nina Lin 4800 Mark Center Drive, 5th Fl Suite 05H02-10- Attn: Procurement Division Alexandria, VA 22350-1400 Telephone: 571-372-1445 Nina.Lin@hq.dodea.edu
Contracting Officer’s Representative (COR) To Be Determined (TBD) 4800 Mark Center Drive, 6th Fl Suite TBD Attn: Education Directoriate Alexandria, VA 22350-1400 Telephone: 571-372-TBD TBD@hq.dodea.edu
The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery or any other terms and conditions of the contract. Reference DFARS clause 252.201-7000 (Contracting Officer’s Representative).
b. Administration, Accounting and Appropriation Data: The Administration Office and Accounting & Appropriation Data will be specified on each individual delivery order issued against the contract
c. Invoice Submission: Invoices shall be submitted electronically through Wide Area Work Flow (WAWF) in accordance with instructions found in DFARS Clause 252.232-7006. This clause will be incorporated by full text on each individual delivery order issued against the contract with instructions specific to each delivery order.
SECTION 2: Contract Clauses
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
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
OCT 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 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
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 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 52.222-35 Equal Opportunity for Veterans OCT 2015 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
52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option Contracts)
MAY 2014
52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.229-3 Federal, State And Local Taxes FEB 2013 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 52.242-13 Bankruptcy JUL 1995 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7011 Alternative Line Item Structure SEP 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
252.209-7004 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
252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2016)
DEC 2016
252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7021 Trade Agreements--Basic DEC 2016 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008
252.239-7010 Cloud Computing Services OCT 2016 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.
C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.
L. 111-117, section 743 of Div. C).
___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (ii) Alternate I (NOV 2011) of 52.219-3.
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (JAN 2011) of 52.219-4.
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Nov 2016) of 52.219-9.
____ (iii) Alternate II (Nov 2016) of 52.219-9.
____ (iv) Alternate III (Nov 2016) of 52.219-9.
____ (v) Alternate IV (Nov 2016) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.
657f).
____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
____ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
____ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
____ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
____ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (35) 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)(35): 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.
____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).
____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
____ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
____ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).
____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).
____ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).
____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
____ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).
_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.
(iv) 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.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(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 (March 2, 2015) (22 U.S.C. chapter 78 and E.O.
13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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) (E. O. 12989).
(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 (e)(1)(xvii): 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) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xxi) 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).
(xxii) 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.
(xxiii) 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)
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500.00, 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 $200,000.00;
(2) Any order for a combination of items in excess of $200,000.00; or
(3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(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) above.
(d) Notwithstanding paragraphs (b) and (c) above, 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 2 business 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 five years from date of award.
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 1 day before contract expiration (insert the period of time within which the Contracting Officer may exercise the option);
provided that the Government gives the Contractor a preliminary written notice of its…
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