Solicitation_Large_Shaft.docx

HSCG40-14-R-30004 Large Shaft Refurbishment

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program shall be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

The Ombudsman Hotline telephone number is 202.372.3695.

U.S. Coast Guard Surface Forces Logistics Center

CPD-C&P2-LRE

2401 HAWKINS POINT RD

BALTIMORE, MD 21226-5000

REQUEST FOR PROPOSAL

HSCG40-14-R-30004

Large Shaft Refurbishment (

TABLE OF CONTENTS

DESCRIPTION

PAGE NUMBER

Part I – The Schedule S F 1449, Solicitation/contract Form -04 Supplies or services and prices 05-05 Description/specifications 05-05 Packaging and marking 05-05 Inspection and Acceptance 05-06 Deliveries or performance 06-08 Contract administration data 08-10 Special co ntract requirements 10-13 Part II – Contract Clauses Contract Clause 14-31 Part III – Lists of Documents, Exhibits, and Other Attachments List of documents, exhibits, and other attachments 32-32 Part IV – Representations and Instructions Representations, certifications, and other statements of bidders 32-48 Instructions, conditions, and notice to bidders 48-50 Evaluation factors for award

50-56

SOLICITATION/CONTRACT FORM:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2113403B4500CU065

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG40-14-R-30004

6. SOLICITATION ISSUE DATE

08/07/2014

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TRAVIS SPIRES

b. TELEPHONE NUMBER(No collect calls) 410-762-6020

8. OFFER DUE DATE/ 09/19/2014 @1600 EST EST4

July 19, 2013 at 1 P.M. (local time)

9. ISSUED BY CODE

U.S.C.G. Surface Forces Logistics Center

Tržiště 15

118 01 Praha 1 - Malá Strana

Procurement Branch 2 / LREPL 2401 Hawkins Point Road MS-25

|_| HUBZONE SMALL

BUSINESS

|_| (WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

Baltimore, MD 21226-5000

|_| SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

|_| EDWOSB

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

|_| SEE SCHEDULE

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

|_| RFQ |_| IFB |X| RFP

USCG Surface Forces Logistics Center 2401 Hawkins Point Rd, Bldg 88 Baltimore, MD 21226-5000

Travis Spires Phone: 410-762-6020 Email: travis.a.spires@uscg.mil

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY US Coast Guard Yard PO Box 4122 Chesapeake, VA 23327-4122 Phone: 757-523-6940

M/F: HSCG40-14-D-30004

CODE

|_|17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See “Supplies or services and prices”

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|_| COMPLETE |_| PARTIAL |_| FINAL

38. S/R ACCOUNT NO.

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 2/2012) BACK

CONTINUATION OF SF 1449 – BLOCKS 17a – 25:

(1) Block 17a: Contractor shall include DUNS number.

(2) Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in System for Award Management (SAM). To receive award Contractor must be registered in System for Award Management (SAM) http://www.sam.gov.

(3) Block 19 through 24: SEE BELOW.

(4) Block 25: ACCOUNTING AND APPROPRIATION DATA: To be included on contract award document.

The proposed contract action is for supplies or services for the receipt, inspection & condition/test reports, overhaul / repair, testing, preservation, packing, packaging, marking, and shipping of propulsion shafts used on the following U. S. Coast Guard Vessels:

· 378’ High Endurance Cutters – WHEC

· 282’, 270’ & 210’ Medium Endurance Cutters – WMEC

· 225’ Juniper Class Ocean Going Buoy Tenders – WLB

· 140’ Bay Class Ice Breaking Tugs - WTGB

NOTICE TO OFFERORS

The contractor shall perform all functions necessary to provide the commercial item described herein. Each part shall be provided as per the scope of CLINS and will be incorporated into the contract upon award. This requirement shall comply with all applicable Federal, State, and local laws, regulations, codes and directives.

Proposals received in response to this Request for Proposal, must be received at the following address or electronically by the email address above prior to the date and time established on Standard Form 1449-BLOCK 8 for receipt of proposals.

Attn: Travis Spires

Packages containing proposals must be clearly addressed and identified with the Solicitation Number HSCG40-14-R-30004.

*All questions regarding this solicitation MUST be submitted IN WRITING. You may e-mail them to Travis Spires at: travis.a.spires@uscg.mil. NO inquiries will be answered verbally.

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price Requirements Contract consisting of one base year and four option years, if exercised.

SHIPPING

All equipment shall be shipped to the following facilities:

USCG Surface Forces Logistics Center Bldg. 88 2401 Hawkins Point Rd Baltimore MD, 21226-5000

M/F: HSCG40-14-D-30004

DEF DIS DEPOT BARTSOW CA

Central Receiving Warehouse 7 Barstow, CA 92311-5014

USCG SFLC

M/F: HSCG40-14-D-30004

THE REMAINDER OF THE PAGE IS BLANK

SUPPLIES OR SERVICES AND PRICES/COSTS

See Attachment 3.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Coast Guard (USCG) has a requirement to ensure the availability of “A” Condition propulsion shafts. “A” Condition is defined as material that is serviceable material that is either new, repaired, reconditioned material that is issuable to customers without limitation or restriction (considered "like-new"). The contractor is required to provide all labor, equipment, and materials (except for any Government Furnished Material (GFM) identified in data sheets 001 through 019 referenced in Specification R-243-0459_RevA), required to receipt, provide inspect & condition/test reports, refurbish, test, preserve, pack, package, mark, and ship any of the propulsion shafts outlined in Section B when required to satisfy various SFLC Product line demands for both planned and unscheduled corrective maintenance requirements over the next five years. This is in accordance with SFLC Large Shaft Repair Specification R-243-0459_RevA, dated 03/2013 (See Attachment 1).

PACKAGING AND MARKING:

Each Shaft shall be individually preserved, packaged and marked in accordance with Section 5 of Attachment 1, Specification number R-243-0459 REV A, dated 03/2013, entitled “PROPULSION SHAFT REFURBISHMENT 378’ WHEC, 210’, 270’, 282’ WMEC, 225’ WLB and 140’ WTGB U. S. COAST GUARD VESSELS,” and Specification number D-000-100 REV G, dated 02/06, entitled “Bar Coding for US Coast Guard Surface Forces Logistics Center Material,” Attachment 2.

PACKING LIST

All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics Center under this contract must be accompanied by an itemized packing list that cites the proper contract and delivery order number. Each packing unit shall have a list of all items contained in that unit, and a duplicate list shall be attached to the outside of the package in a waterproof envelope securely attached in a conspicuous place, but so located as to reduce the possibility of loss in shipping and handling.

NOTE:

Failure to prepare for shipment any item, and/or mark all packages, boxes, etc. as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense.

INSPECTION AND ACCEPTANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporated 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 test of a clause may be accessed electronically at www.arnet.gov.

MATERIAL INSPECTION AND RECEIVING REPORT

At the time of each delivery of supplies under this contract, the contractor shall prepare and furnish to the Government a DHS Form 700-21, Material Inspection and Receiving Report. The receiving report must include:

· An authorization number such as the contract/task order number.

· Product or service description, including contractual documents line item number.

· Quantities shipped (if applicable).

· Date(s) property was accepted.

· Signature, printed name, title, telephone number, and mailing address of the receiving official.

One (1) copy of the DHS Form 700-21 shall be sent to the Contracting Officer upon shipment/delivery of any deliverable hereunder, clearly marked "Information Only."

DELIVERY OR PERFORMANCE

FAR 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): www.arnet.gov.

FAR 52.211-8 TIME OF DELIVERY (JUNE 1997) (ALT. I, APR 1984)

(a) The Government requires delivery to be made in according to the following schedule:

REQUIRED DELIVERY SCHEDULE

(Applies to Base Year and All Option Years)

The Government will evaluate equally, as regards of time of delivery, offers that propose the delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above may be considered unacceptable and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no delivery schedule, the required delivery schedule above will apply.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding

(1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause)

PLACE OF DELIVERY – DESTINATION

(A) All data submissions shall be delivered to the following address:

(B) At the determination of the USCG SFLC, All Propulsion Shafts shall be delivered to one of the following addresses:

The Government reserves the right to request Direct Delivery.

The delivery requirements relate to all items in the Base year and ALL option years.

CONTRACT ADMINISTRATION DATA:

ADDRESS OF CORRESPONDENCE

All correspondence, except as otherwise specified, shall be delivered to the following address:

CONTRACT ADMINISTRATION

The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, shall be the contract administrator of this contract – Travis Spires, (410) 762-6020, travis.a.spires@uscg.mil.

INVOICING REQUIREMENTS – FIRM-FIXED PRICE CONTRACTS

(a) All information set forth in FAR Clause 52.212-4 Contract Terms and Conditions – Commercial Items must be included in an invoice for it to constitute a proper invoice.

(b) An original invoice shall be submitted to the following designated payment office:

All services ordered under this Contract shall be billed once the work has been completed and received by the Surface Forces Logistics Center. The Contractor shall submit invoices to the following payment address:

All invoices must contain the following information to constitute a proper invoice:

Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. The Contractor is encouraged to assign an identification number to each invoice.

Failure to submit invoices directly to this office will delay prompt payment of your invoice. A copy of any invoice submitted for payment must also be forwarded to the Contracting Officer clearly marked “Information only.”

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

(a) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer’s Representative acting within the limits of their authority. A Contracting Officer’s Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments.

GOVERNMENT REPRESENTATIVES

(a) The Government may, upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Representative(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, and price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner.

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

SPECIAL CONTRACT REQUIREMENTS:

REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provided in this contract, the quality of all supplies rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies shall be rendered or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law.

GOVERNMENT FURNISHED PROPERTY

The Government will provide only that property set forth below, notwithstanding any terms or conditions of the specification to the contrary. All Property provided to the Contractor by the Government under this contract shall be subject to the “Government Property – Fixed Price Contracts,” and “Control of Government Furnished Property,” clauses of this contract.

GFP furnished under this contract shall be as follows:

Propulsion Shafts

Propulsion Shaft Sleeves

TELECOMUNICATED ORDERS/FAXED ORDER

Orders may be issued by the Contracting Officer by telecommunication (orally) or by facsimile, and then followed by written confirmation when such action is in the best interest of the Government.

COAST GUARD ACTIVITY AUTHORITY TO PLACE ORDERS

Commanding Officer U.S. Coast Guard SFLC Long Range Enforcer Product Line Mail Stop 26, Bldg. #31, 2nd Fl.

2401 Hawkins Point Road Baltimore, MD 21226 M/F: Contract No.*/Delivery Order No.**

ADDRESS FOR SHIPMENT OF GOVERNMENT FURNISHED PROPERTY/DATA

Firm Name:

Street Address:

City, State, and Zip Code:

DISPOSITION OF GOVERNMENT FURNISHED PROPERTY/DATA

Each shaft, upon transfer from the Government to the Contractor, shall be examined for completeness, proper type, quantity, and damage. The Contractor shall be fully and solely responsible for any damage to such material while in the contractor’s custody and until it is returned to the U.S. Coast Guard Surface Forces Logistics Center and accepted by the Contracting Officer or authorized representative. Discrepancies shall be reported to the Contracting Officer via submission of the Government Furnished Property Discrepancy Report.

SUBCONTRACTING PLAN REQUIREMENT

A subcontracting plan may be required prior to award of the prospective awardee. In the event a subcontract plan is required, the prospective awardee shall be required to provide said plan within five (5) calendar days after verbally requested to do so by the Contracting Officer. If a subcontracting plan is required, the plan must be determined acceptable to the Government as a contingency for award.

STANDARD COMMERCIAL WARRANTY

If the item(s) required in a contract, resulting from this solicitation are customarily warranted in the trade by a Standard Commercial Warranty, such warranty shall be incorporated into this contract and thereby provided to the Government at no additional cost. Any Standard Commercial Warranty provided shall be identical to the Standard Commercial Warranty normally offered by the contractor to the contractor’s most favored customers.

Offerors are requested to state the terms and conditions of their Standard Commercial Warranty in the space provided below. If a Standard Commercial Warranty is not applicable, stat “none.”

If the contractor’s organization, as standard practice in the sale of these items issues a certificate of warranty setting forth the terms and conditions of their Standard Commercial Warranty, any contract resulting from this solicitation shall require the contractor to submit to the Contracting Officer, upon delivery of these items, said certificate.

*Will be supplies after award of contract **Will be supplied on each individual order

CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR)

(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 30 days to respond to the SLFC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system.

(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.

CONTRACT CLAUSES:

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Chief of Contracting Office, U.S. Coast Guard Surfaces Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, and shall not be binding until so approved.

(End of Clause)

FAR 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 $1,000.00, 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 that when added to orders placed in the last 30 days will exceed a total quantity of three (3) orders for propulsion shaft overhauls within the previous thirty (30) days.

(2) Any order for a combination of items that when added to previous orders placed in the last thirty (30) days will exceed a total quantity of three (3) orders for propulsion shaft overhauls within the previous thirty (30) days.

(3) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in subparagraph (b) (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at 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 requirements exceeds the maximum-order limitations in paragraph (b) of this section.

(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 7 days after issuance, with written notice stating the Contractor’s intent not to accept, inspect, or overhaul the propulsion shaft identified in the order under the constraints of the contracted delivery schedule and the reasons. Upon receiving this notice, the Government may open discussions with the Contractor to accomplish the order under an alternate and agreed upon delivery schedule or acquire the services from another source.

(End of Clause)

FAR 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) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity’s requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities.

(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 receipt of final delivery order before contract expiration.

Alternate I (Apr 1984). If the requirements contract is for nonpersonal services and related supplies and covers estimated requirements that exceed a specific Government activity’s internal capability to produce or perform, substitute the following paragraph (c) for paragraph (c) of the basic clause:

(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity’s requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities.

(End of Clause)

FAR 52.232–40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of Clause)

FAR 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 thirty (30) calendar day prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

“Federal contracts and grants with total value greater than $10,000,000” means—

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of Provision) 52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JUNE 2014)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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.] X (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).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

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

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business 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.

X (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

X (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) 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 (Nov 2011) (15 U.S.C. 637(a)(14)).

X (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (24) 52.219-27,…