HSFE70-17-R-0020.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

FEMA HQ

WASHINGTON DC 20472

500 C STREET SW

ACQUISITION MANAGEMENT

FEDERAL EMERGENCY MANAGEMENT AGENCY

FEMA HQ

FEMA CODE 16. ADMINISTERED BYCODE

X

X

X

423450

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORFEMA HQ

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/11/2017 1000 ES

07/13/2017

202-646-3924Isaac Chapple (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

HSFE70-17-R-0020

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 54 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

3RD FLOOR

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20472

500 C STREET SW

FEDERAL EMERGENCY MANGEMENT AGENCY

FEMA

15. DELIVER TO

WASHINGTON DC 20472

3RD FLOOR

500 C STREET SW

OFFICE OF CHIEF PROCUREMENT OFFICE

FEDERAL EMERGENCY MANAGEMENT AGENCY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FEMA HQ

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The purpose of this solicitation is to award a multiple award Indefinite Delivery Indefinite Quantity (IDIQ) for Durable Medical Equipment Push Kits.

Period of Performance: 09/30/2017 to 09/29/2022

0001 Complete Kits DM001-051 EA Product/Service Code: 6545 Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Isaac Chapple

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0002 A-La-Carte KIT (001-050) EA

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

0003 A-La-Carte KIT (051-150) EA

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

0004 A-La-Carte KIT (151-300) EA

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

0005 A-La-Carte KIT (301-500) EA

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

0006 A-La-Carte KIT PRICE 501-750) EA

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

54 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 54

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSFE70-17-R-0020

MEDICAL SETS, KITS, AND OUTFITS

0007 DELIVERY COST EA

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

1001 Complete Kit DM001-051 EA

(Option Line Item)

Date Option to be Exercised09/29/2018

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

1002 A-La-Carte KIT (001-050) EA

(Option Line Item)

Date Option to be Exercised09/29/2018

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

1003 A-La-Carte KIT (051-150) EA

(Option Line Item)

Date Option to be Exercised09/29/2018

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

1004 A-La-Carte KIT (151-300) EA

(Option Line Item)

Date Option to be Exercised09/29/2018

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

1005 A-La-Carte KIT (301-500) EA

(Option Line Item)

Date Option to be Exercised09/29/2018

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 54

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSFE70-17-R-0020

1006 A-La-Carte KIT (501-750) EA

(Option Line Item)

Date Option to be Exercised09/29/2018

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

1007 DELIVERY COST EA

(Option Line Item)

Date Option to be Exercised09/29/2018

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

2001 Complete Kits (DM001-DM051) EA

(Option Line Item)

Date Option to be Exercised09/29/2019

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

2002 A-La-Carte KIT (001-050) EA

(Option Line Item)

Date Option to be Exercised09/29/2019

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

2003 A-La-Carte KIT(051-150) EA

(Option Line Item)

Date Option to be Exercised09/29/2019

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

2004 A-La-Carte KIT (151-300) EA

(Option Line Item)

Date Option to be Exercised09/29/2019

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 54

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSFE70-17-R-0020

MEDICAL SETS, KITS, AND OUTFITS

2005 A-La-Carte KIT (301-500) EA

(Option Line Item)

Date Option to be Exercised09/29/2019

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

2006 A-La-Carte KIT(501-750) EA

(Option Line Item)

Date Option to be Exercised09/29/2019

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

2007 DELIVERY COST EA

(Option Line Item)

Date Option to be Exercised09/29/2019

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

3001 ASSYMBLED KIT PRICE (001-051) EA

(Option Line Item)

Date Option to be Exercised09/29/2020

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

3002 A-La-Carte KIT (001-050) EA

(Option Line Item)

Date Option to be Exercised09/29/2020

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

3003 A-La-Carte KIT (051-150) EA

(Option Line Item)

Date Option to be Exercised09/29/2020

Product/Service Code: 6545

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 54

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSFE70-17-R-0020

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

3004 A-La-Carte KIT(151-300) EA

(Option Line Item)

Date Option to be Exercised09/29/2020

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

3005 A-La-Carte KIT (301-500) EA

(Option Line Item)

Date Option to be Exercised09/29/2020

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

3006 A-La-Carte KIT (501-750) EA

(Option Line Item)

Date Option to be Exercised09/29/2020

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

3007 DELIVERY COST EA

(Option Line Item)

Date Option to be Exercised09/29/2020

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

4001 Complete Kits(DM001-DM051) EA

(Option Line Item)

Date Option to be Exercised09/29/2021

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

4002 A-La-Carte KIT (001-050) EA

(Option Line Item)

Date Option to be Exercised09/29/2021

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 54

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSFE70-17-R-0020

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

4003 A-La-Carte KIT (051-150) EA

(Option Line Item)

Date Option to be Exercised09/29/2021

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

4004 A-La-Carte KIT (151-300) EA

(Option Line Item)

Date Option to be Exercised09/29/2021

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

4005 A-La-Carte KIT(301-500) EA

(Option Line Item)

Date Option to be Exercised09/29/2021

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

4006 A-La-Carte KIT(501-750) EA

(Option Line Item)

Date Option to be Exercised09/29/2021

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

4007 DELIVERY COST EA

(Option Line Item)

Date Option to be Exercised09/29/2021

Product/Service Code: 6545

Product/Service Description: REPLENISHABLE FIELD

MEDICAL SETS, KITS, AND OUTFITS

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

HSFE70-17-R-0020

SECTION B - CONTINUATION BLOCK

B.1 - PRICE/COST SCHEDULE

B.2 - Period of Performance

B.3 - IDENTIFICATION OF GOVERNMENT OFFICIALS (AUG 2014)

B.4 - STATEMENT OF WORK

B.5 - DISTRIBUTION CENTERS

B.6 - MINIMUM AND MAXIMUM QUANTITIES FOR MULTIPLE AWARD CONTRACTS

B.7 - DELIVERABLES AND DELIVERY INSTRUCTIONS

SECTION C - Contract Clauses C.1 – 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Jan 2017) by reference (see SF 1449 block 27a) 6 C.2 – Addendum to FAR 52.212-4

C.2.1 - 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.2.2 - 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.2.3 - 52.217-8 -- Option to Extend Services (Nov 1999) C.2.4 -52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (Mar 2000)

C.2.5 - PACKAGING:

C.2.6 - NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

C.3 - 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JAN 2017) SECTION D - List of Documents, Exhibits, and Other Attachments SECTION E - Solicitation provisions E.2 – Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Items. (JAN 2017)……………………………21

E.3 - 52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014)

E.4 - 52.212-3 Offeror Representations and Certifications-Commercial Items. (JAN 2017)

E.5 - 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 - 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 - 52.225-18 PLACE OF MANUFACTURE (SEPT 2006)

SECTION B - CONTINUATION BLOCK

B.1 - PRICE/COST SCHEDULE

SEE SECTION D, ATTACHMENT 1: Section B Continuation Block B.1 Price/Cost Schedule (EXCEL Spreadsheet)

B.2 - Period of Performance

1. The Period of Performance for CLIN 0001-0006 shall be from date of contract award through 12 months.

2. If Option 1 is exercised, the Period of Performance for CLIN 1001-1006 shall be from the effective date of the option through 12 months.

3. If Option 2 is exercised, the Period of Performance for CLIN 2001-2006 shall be from the effective date of the option through 12 months.

4. If Option 3 is exercised, the Period of Performance for CLIN 3001-3006 shall be from the effective date of the option through 12 months.

5. If Option 4 is exercised, the Period of Performance for CLIN 4001-4006 shall be from the effective date of the option through 12 months.

B.3 - IDENTIFICATION OF GOVERNMENT OFFICIALS (AUG 2014)

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Isaac L. Chapple

Phone: 202-212-3924

Email: Isaac.Chapple@fema.dhs.gov

Fax: 202-646-1765

Contract Specialist:

Name: Meaza Zeleke

Phone: 202-394-4347

Email: Meaza.Zeleke@fema.dhs.gov

Fax: 202-646-1765

Contracting Officer’s Representative:

Name: TBD

B.4 - STATEMENT OF WORK

See Section D, Attachment 2, “STATEMENT OF WORK”

B.5 - DISTRIBUTION CENTERS

Distribution Center Building Name Street Address City State Zip Code

DC Atlanta 3780 South Side Industrial Court Atlanta GA 30354

DC Frederick 4420 Buckeystown Pike Frederick MD 21704

DC Ft Worth Fort Worth Federal Center 501 W. Felix Street Warehouse #12 Ft. Worth TX 76115

DC Moffett Field NASA Ames Research Center Building 144, Door #7 Moffett Field CA 94035

DC Pacific Guam PO Box 24814 Barriagada Guam 96921

DC Pacific Hawaii 99-1269Iwaena Street Aiea HI 96701

DC Caribbean San Juan Industrial Park Carr #1, KM 25.30 Caguas PR 00726-

B.6 - MINIMUM AND MAXIMUM QUANTITIES FOR MULTIPLE AWARD CONTRACTS

As referred to in paragraph (b) of FAR Clause 52.216-22, “Indefinite Quantity” of this contract, the guaranteed contract minimum is $10,000.00/contract to include the base and option periods. The contract ceiling amount shall not exceed 70 Kits.

This maximum quantity is based upon the average annual expenditure for readiness over the last 10 years.

However, in the event of a Presidential Declaration for a disaster, the Government will utilize this contract to respond to disasters by increasing the quantity of the contract to perform services in the specific state(s) and/or the affected areas. Due to the nature of disaster response and recovery, FEMA is unable to predict or estimate the maximum quantity for disaster operations. However, in a disaster situation, contractors should expect to meet this increased quantity.

B.7 - DELIVERABLES AND DELIVERY INSTRUCTIONS

A. The contractor(s) shall deliver designated quantities of DME Kits to anywhere in (Continental United States) CONUS, OCONUS (Outside Continental United States), and designated staging areas assigned as part of the federal logistics effort. Locations as designated by the FEMA Project Officer, or origin specified in the Delivery Order.

B. Contractor shall be able to deliver full DME PUSH Kits, during an Emergency Response with drop trailer if necessary when needed to (ISB) Incident Support Base locations.

C. Contractor shall have a delivery capability of delivering up to 2 complete kits within 48 hours from the time of delivery order.

D. During steady state, the Contractor shall be capable to deliver to any of the Distribution Center located Conus, a minimum of 2 kits within 10 days. If delivering OCONUS with 3 weeks of notification of Tasks order.

E. Contractor shall maintain accurate records of all shipments and deliveries and ensure that proper signatures are obtained for tracking and accountability purposes, in accordance with government regulations.

SECTION C - Contract Clauses C.1 – 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Jan 2017) by reference (see SF 1449 block 27a)

C.2 – Addendum to FAR 52.212-4

In addition to the FAR 52.212-4 “Contract Terms and Conditions—Commercial Items” the following FAR, HSAR and FEMA Clauses are incorporated as an addendum to this solicitation:

FAR 52.252-2 Clauses Incorporated By Reference

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):

http://www.acquisition.gov/far/index.html

Clause Database Clause Number Clause Title

FAR 52.203-3 Gratuities. (APR 1984) FAR 52.203-7 Anti-Kickback Procedures. (MAY 2014)

FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

(OCT 2010)

FAR 52.203-16 Preventing Personal Conflicts of Interest. (DEC 2011)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications.

(DEC 2014)

FAR 52.232-18 Availability of Funds. (APR 1984)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

(DEC 2013)

FAR 52.233-1 Disputes. (MAY 2014) FAR 52.233-1 Disputes. (MAY 2014) - Alternate I (DEC 1991)

C.2.1 - 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 DME Push Kit or equivalent amounts of ala carte items, 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 10 KITS or equivalent amounts of ala carte items;

(2) Any order for a combination of items in excess of 10 KITS or equivalent amounts of ala carte items; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 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.

C.2.2 - 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 September 30, 2022.

C.2.3 -52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (Mar 2000)

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

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days (60 days unless a different number of days is inserted) 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 (60)/(5)(months)(years).

C.2.4 - PACKAGING:

Durable Medical Equipment Push Kit shall be packaged in the vendor’s standard commercial building and shipped on industry standard size pallets (48 inches L by 40 inches W, 4 way wooden pallets) not to exceed 55 inches in height. Stretch wrap shall cover all sides (excluding the top and bottom) with a minimum of (10) layer of stretch-wrap. The contractor shall label each sealed pallet container in accordance with the following minimum requirements:

1. A packing slip identifying the commodity.

2. The name and place of business of the manufacturer, packer, or distributor

3. Net quantity of contents in terms of weight, measure, or numerical count (measurement must be in both metric and inch/pound units)

4. DM-24 Wheel Ramp 10” long must be wrap with stretch wrap as stated in para 6.0.

Contractor (s) may suggest or recommend other techniques to preserve the integrity of the material as well as the finished pallet. This recommendation should be provided to the Contract Officer.

C.2.5 - NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

3052.209-70 Prohibition on contracts with corporate expatriates. (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that (Check one):

[] it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003;

[] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

[] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

C.2.6 - HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE

EXPATRIATES (JUN 2006)

NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (e-mail, fax, etc.) or state of completion (draft, final, etc.).

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

C.3 - 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.)

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 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 (OCT 2015) (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.)

[ ] (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).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 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)

[X] (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 (JUN 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-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[ ] (22) 52.219-28, Post Award Small Business Program Re-representation (JUL 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)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (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).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O.

13627).

[X] (ii) Alternate I (MAR 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) (Removed)

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

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

[ ](39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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

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

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

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

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

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

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

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

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

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

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

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

[X] (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).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 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)).

[X] (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (58) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

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

[ ] (60) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[ ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (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, Non-displacement 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).

[ ] (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 (SEP 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) of this paragraph 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, Non-displacement 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 (SEP 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) [X] (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O.

13627).

[X] (B) Alternate I (MAR 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).

(xvii) (Removed)

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.

3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION

OF COMMERCIAL ITEMS (SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

http://farsite.hill.af.mil/VFHSARA.HTM

(a) Provisions.

_____3052.209-72 Organizational Conflicts of Interest.

_____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

_____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protege Program.

(b) Clauses.

_____3052.203-70 Instructions for Contractor Disclosure of Violations.

_____3052.204-70 Security Requirements for Unclassified Information Technology Resources.

_____3052.204-71 Contractor Employee Access.

_____Alternate I

__X__3052.205-70 Advertisement, Publicizing Awards, and Releases.

_____3052.209-73 Limitation on Future Contracting.

_____3052.215-70 Key Personnel or Facilities.

_____3052.216-71 Determination of Award Fee.

_____3052.216-72 Performance Evaluation Plan.

_____3052.216-73 Distribution of Award Fee.

_____3052.217-91 Performance. (USCG)

_____3052.217-92 Inspection and Manner of Doing Work. (USCG)

_____3052.2…