HSHQEH-15-R-00007.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

OPO/FPS/EACCG/HQ/NC

Philadelphia PA 19106

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security NPPD/FPS/East CCG/HQ-Natl Contracts

000000 CODE 16. ADMINISTERED BYCODE

X

X

441228

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OROPO/FPS/EAST CCG/R3

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/10/2015 1500 ET

08/31/2015

215-521-2276Jessica Rodriguez (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

HSHQEH-15-R-00007

5. SOLICITATION NUMBER

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

1 3 192115PHQASDF1062OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Attn: Jessica Rodriguez

TELEPHONE NO.

17a. CONTRACTOR/

VARIOUS LOCATIONS

15. DELIVER TO

Philadelphia PA 19106 701 Market Street, Suite 3200 Office of Procurement Operations Federal Protective Service U.S. Dept. of Homeland Security

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)

NPPD/FPS/East CCG/Region 3

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.

This request for proposal (RFP) is for the purchase of five (5) brand new Harley-Davidson police motorcycles, the upgrade of five (5) Government owned police motorcycles, and the purchase of motorcycle helmet communication kits.

The Contractor shall also provide a prepaid maintenance plan for the five (5) new Harley-Davidson motorcycles.

You are requested to submit a full technical and

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Todd M. Wanner

. 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.

pricing proposal for the effort described in the attached Statement of Work (SOW).

All proposals shall be made via e-mail to jessica.rodriguez@hq.dhs.gov.

Responses to this RFP are due by 3:00 pm, Thursday, September 10, 2015. There are no exceptions to the time and date on which responses are due, unless determined otherwise by the Government.

Contractors shall use this form (SF1449) as part of their pricing proposal. Contracts are required to complete blocks 17a, 30a, 30b, 30c and enter their firm fixed price in block 24 of the signature page.

As a result of the RFP, DHS/NPPD/FPS AD intends to award a single firm-fixed priced contract.

DO/DPAS Rating: NONE

Delivery: 120 Days After Award

0001 POLICE MOTORCYCLE WITH ENHANCED SAFETY EQUIPMENT 5 EA

Product/Service Code: 2340

Product/Service Description: MOTORCYCLES, MOTOR

SCOOTERS, AND BICYCLES

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEH-15-R-00007

0002 UPGRADE OF FIVE EXISTING POLICE MOTORCYCLES WITH 5 EA

SAFETY EQUIPMENT

Product/Service Code: 2340

Product/Service Description: MOTORCYCLES, MOTOR

SCOOTERS, AND BICYCLES

0003 POLICE MOTORCYCLE HELMETS 11 EA

Product/Service Code: 2340

Product/Service Description: MOTORCYCLES, MOTOR

SCOOTERS, AND BICYCLES

0004 HELMET COMMUNICATION KITS 11 EA

Product/Service Code: 2340

Product/Service Description: MOTORCYCLES, MOTOR

SCOOTERS, AND BICYCLES

0005 SHOULDER MICROPHONE 11 EA

Product/Service Code: 2340

Product/Service Description: MOTORCYCLES, MOTOR

SCOOTERS, AND BICYCLES

0006 AUTO-SWITCHING - PORTABLE/MOBILE RADIO WITH 10 EA

PUBLIC ADDRESS SYSTEM

Product/Service Code: 2340

Product/Service Description: MOTORCYCLES, MOTOR

SCOOTERS, AND BICYCLES

0007 PREPAID MAINTENANCE PLAN - 5 EA

a minimum of 30,000 miles and three (3) years for each new police motorcycles

Product/Service Code: 2340

Product/Service Description: MOTORCYCLES, MOTOR

SCOOTERS, AND BICYCLES

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

Sponsored by GSA

FAR (48 CFR) 53.110

HSHQEH-15-R-00007

DEPARTMENT OF HOMELAND SECURITY (DHS)

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE (NPPD)

FEDERAL PROTECTIVE SERVICE (FPS)

STATEMENT OF WORK (SOW)

ACQUISITION AND UPGRADE OF POLICE MOTORCYCLES

1.0 GENERAL

1.1 BACKGROUND

1.1.1 The Federal Protective Service (FPS) is a federal law enforcement agency that provides integrated security and law enforcement services to over 9,000 federally owned and leased buildings, facilities, properties, and other assets.

1.2 OBJECTIVE

1.2.1 The objective of this effort is to acquire police motorcycles to support the FPS Motors Program operations. Motorcycles allow access to areas that vehicles cannot maneuver and improve response time to emergency situations.

1.3 SCOPE

1.3.1 This project will acquire five (5) police motorcycles, upgrade five (5) Government owned police motorcycles, and provide motorcycle helmet communication kits. The Contractor shall install enhanced safety equipment, radio equipment, and apply DHS decals.

2.0 GENERAL CONDITIONS

2.1. The police motorcycles will be used for urban/city riding and law enforcement work. The police motorcycles are also used for crowd control, motorcades, parades, ceremonial escorts, funerals, and other duties. The police motorcycles will, at times, be operated at walking speeds (less than 5 miles per hour) for both short and long distances. The design and manufacture of the police motorcycles must take this into consideration. FPS will accept only designs and installations that are consistent with this usage pattern to which the motorcycle will be utilized.

2.2. Parts, enhanced safety equipment, and assemblies shall be heavy duty and designed to operate in the law enforcement environment. “Heavy duty” means it should withstand unusual strain, exposure to the elements, temperature, and deterioration other than normal wear and tear.

2.3. The motorcycles offered in compliance with this Statement of Work (SOW) shall be manufacturer’s police models. The enhanced safety equipment and helmet communication kits shall be engineered or certified by the motorcycle manufacturer to be compatible with all other components and not degrade the motorcycle handling characteristics, maneuverability, stability, and appearance as specified in the SOW.

2.4 The manufacturer trade name mentioned in the specifications is for the purpose of designating a minimum standard of quality and type and for no other reason. Such references are not intended to be restrictive. Bids will be considered for any brand which meets or exceeds the quality of the specifications listed for any items unless, otherwise stated in the specifications or proposals.

3.0 SPECIFIC REQUIREMENTS

3.1. REQUIREMENT 1: FIVE (5) POLICE MOTORCYCLES

3.1.1. The Contractor shall provide five (5) new 2015 or newer police motorcycles. All proposed motorcycles shall meet or exceed the following specifications:

3.1.2. COLOR

3.1.2.1 The exterior color shall be an all-white paint scheme.

3.1.3. ENGINE

3.1.3.1 Engine displacement of not less than 1690 cubic centimeters (cc)

3.1.3.2 V-Twin engine oil/air-cooled and electronic engine management system

3.1.3.3 Produces minimal vibration frequencies and magnitudes

3.1.3.4 Engine and transmission isolated from motorcycle frame utilizing a rubber mounting system

3.1.3.5 Powertrain designed for low maintenance; black powder coat finish on engine; chrome rocker boxes, timer cover, outer primary housing

3.1.4.6 Electronic Fuel Injection

3.1.5.7 Hydraulic Lifters requiring no maintenance service adjustments

3.1.4. CLUTCH / TRANSMISSION

3.1.4.1 Clutch shall be of the latest nine (9) plate design, wet

3.1.4.2 Hydraulically Actuated Clutch system

3.1.4.3 Transmission shall be of the latest design, manual type, minimum of six (6) forward speeds

3.1.4.4 Clutch disengage for starter motor operation

3.1.4.5 Primary Drive

3.1.5. BRAKES

3.1.5.1 Anti-lock Brake System,(ABS) for both front and rear wheels

3.1.5.2 Rear brake shall be disc type

3.1.5.3 Brakes shall be relatively free of heat fade with four (4) piston calibers

3.1.6. SUSPENSION

3.1.6.1 Suspension system shall permit optimum handling conditions as required in law enforcement

3.1.6.2 Rear suspension air-adjustable shocks

3.1.6.3 Rear suspension swing arm bearings shall require no lubrication for life of the motorcycle

3.1.7. WHEELS / TIRES

3.1.7.1 Aluminum wheels, rim material shall be impermeable to compressed air

3.1.7.2 Tubeless type tires to have non-skid tread, designed to operate on paved highways and shall have a full, four-ply fabric reinforcement

3.1.7.3 Bead-retention tires designed to remain on wheel during sudden loss of pressure

3.1.7.4 Sealed automotive style wheel bearings requiring no endplay adjustment

3.1.8. FUEL TANK

3.1.8.1 Fuel tank shall have a capacity of five (5) gallons and a one (1) gallon reserve fuel capacity when main supply is exhausted

3.1.9. ELECTRICAL SYSTEM

3.1.9.1 Shall be a nominal 12-volt electrical system

3.1.9.2 Battery shall be 12-volts, sealed, and heavy-duty maintenance-free

3.1.9.3 Three (3) phase charging system, amp high output alternator, solid state regulator

3.1.9.4 Industrial grade connectors throughout and provided with electrical accessory connection

3.1.9.5 Water-resistant, integrated switch hand controls

3.1.9.6 12-volt starting system

3.1.9.7 Horn sound level shall be audible above motorcycle and traffic noise

3.1.10. LIGHTING

3.1.10.1 One (1) headlight with low and high beams

3.1.10.2 Tail light

3.1.10.3 One (1) red and one (1) blue front pursuit lights

3.1.10.4 Turn signals, self-canceling system

3.1.10.5 Four (4) way flashers

3.1.10.6 License plate lighting with two (2) blue lights

3.1.10.7 Front and rear fender lights

3.1.11. VISUAL DISPLAYS

3.1.11.1 Speedometer displays range 0-120 miles per hour

3.1.11.2 Re-settable trip meters

3.1.11.3 Calibrated and cumulative odometer

3.1.11.4 Analog tachometer

3.1.11.5 Fuel gauge

3.1.11.6 Emergency light activation indicators

3.1.11.7 Sight glass on brake master cylinders

3.1.11.8 Fuel mileage countdown till empty displayed in odometer window when low fuel indicator lamp is lit

3.1.11.9 Turn signal indicators

3.1.11.10 Neutral indicator

3.1.11.11 High beam indicator

3.1.11.12 Low oil pressure indicator

3.1.11.13 Engine diagnostic light

3.1.12. FEATURES

3.1.12.1 Pivoting foot boards with non-skid rubber pads

3.1.12.2 Guard bars shall encompass the rear saddlebag and protect the engine

3.1.12.3 Factory installed, water-resistant, law enforcement type saddlebags

3.1.12.4 Fork mounted fairing with clear polycarbonate windshield

3.1.12.5 Two (2) long stem mirrors

3.1.12.6 One (1) key fits all locks

3.1.13. ENHANCED SAFETY EQUIPMENT

3.1.13.1 The Contractor shall purchase and install the following enhanced safety equipment on each police motorcycle prior to delivery. The enhanced safety equipment shall either replace the standard equipment or will be added to the motorcycle.

Item Quantity Per

Motorcycle

Dual Header Pipes 1

Air Filter Kit 1

High Flow Street Performance Muffler 1

Police Motorcycle Trunk Adapter Plate Kit 1

Police Motorcycle Trunk (Minimum 21” L x 19” W x 11” H) 1

Air Deflector Kit 1

Muffler 4 Inch Kit 1

End Cap Kit Muffler 1

Battery Sealed 19AH 1

Emergency Light Kit 1

Emergency Response Kit (Siren, Speaker, amplifier, Public Address System)

LED Police Mirrors Harness Kit 1

LED Mirror Kit (Red/Blue) 1

Red/Blue LED Lamp Kit 1

Red/Blue Engine Guard LED Light Kit 1

Split Red/Blue LED Light with Clear Lens 3

Global Position System Navigation Interface Kit 1

Global Position System Navigation Handlebar Mount Kit 1

Global Position System Navigaton (Waterproof/All Weatherproof, 4.3” Touch Screen, Glove-Friendly)

Windshield Light Array 1

Rear Saddle Bag Crash Bar Mounting Bracket Kit 2

Whelen Lin3 Series Super LED Lighthead - Blue 2

Whelen Lin3 Series Super LED Lighthead - Red 2

Autoswitching – Portable/Mobile Radio with Public Address (See specifications in 3.3.4)

3.1.14. RADIO EQUIPMENT

3.1.14.1 The Contractor shall install a low powered Motorola XTL radio on each police motorcycle which shall be provided by FPS as government furnished equipment.

3.1.15. DECALS

3.1.15.1 The Contractor shall apply the DHS vehicle identification elements (decals, FPS signature, stripes, etc.) on each police motorcycle in accordance with the U.S. Department of Homeland Security Vehicle Guidelines, March 2005 (Please refer to Attachment A). FPS will provide the decals as government furnished equipment.

3.1.16. MANUALS

3.1.16.1 The Contractor shall provide an operation’s manual for each police motorcycle.

3.1.17. PREPAID MAINTENANCE PLAN

3.1.17.1 The Contractor shall provide scheduled maintenance for a minimum of 30,000 miles and three (3) years for each new police motorcycles. The police motorcycles shall have a routine maintenance schedule at the manufacturer’s recommendation. The police motorcycles shall be picked up and dropped off at the appropriate FPS locations. If mechanical problems occur with the motorcycles, a replacement police motorcycle will be provided by the contractor without charge.

3.2 REQUIREMENT 2: UPGRADE FIVE (5) POLICE MOTORCYCLES

3.2.1 The Contractor shall upgrade five (5) Government owned 2009 Harley-Davidson® FLHTP Electra Glide® Police motorcycles. The Contractor shall purchase and install the following enhanced safety equipment on each 2009 Harley-Davidson® FLHTP Electra Glide® Police prior to delivery to FPS. The enhanced safety equipment shall either replace the standard equipment or will be added to the motorcycle.

Item Quantity Per

Motorcycle Police Motorcycle Trunk Adapter Plate Kit 1 Police Motorcycle Trunk (Minimum 21” L x 19” W x 11” H) 1 Battery Sealed 19AH 1 LED Police Mirrors Harness Kit 1

LED Mirror Kit (Red/Blue) 1 Red/Blue LED Lamp Kit 1 Red/Blue Engine Guard LED Light Kit 1 Split Red/Blue LED Light with Clear Lens 3 Global Position System Navigation Interface Kit 1 Global Position System Navigator Handlebar Mount Kit 1 Global Position System Navigaton (Waterproof/All Weatherproof, 4.3” Touch Screen, Glove-friendly)

Whelen Lin3 Series Super LED Lighthead - Blue 2 Whelen Lin3 Series Super LED Lighthead - Red 2 Police Strobe Red/Blue LED Mirror Kit 1 Amber Signal Flat Lens LED Light Bar 1 Whelen 500 Series Split Super LED Red Blue 2 Dual Header Pipes 1 High Flow Street Performance Muffler 1 Muffler 4 Inch Kit 1 End Cap Kit Muffler 1 Autoswitching – Portable/Mobile Radio with Public Address (See specifications in 3.3.4)

3.3. REQUIREMENT 3: MOTORCYCLE HELMET COMMUNICATION KITS

3.3.1. POLICE MOTORCYCLE HELMETS

3.3.1.1 The Contractor shall provide 11 motorcycle helmets that meet the following specifications:

3.3.1.1.1 Light weight half shell helmet constructed of thermoplastic composite or Kevlar reinforced composite fiberglass.

3.3.1.1.2 Two (2) tone high rise paint scheme with a navy blue forehead and light blue crown.

3.3.1.1.3 Includes a fixed black patent leather visor and cold weather neck protector.

3.3.1.1.4 Gold rank band with gold “P” buttons.

3.3.1.1.5 Removable and washable comfort padding.

3.3.1.1.6 Impact-absorbing liner constructed of expanded polystyrene (EPS).

3.3.1.1.7 Adjustable forehead venting allows for ventilation and cooling.

3.3.1.1.8 Adjustable safety nape strap

3.3.1.1.9 Meets or exceeds National Institute of Justice (NIJ) 0104.02 riot, 0105.01 crash, and Department of Transportation (DOT) FM-VSS-218.

3.3.2. HELMET COMMUNICATION KITS

3.3.2.1 The Contractor shall provide 11 helmet communication kits that meet the following specifications:

3.3.2.1.1 Shall be for police motorcycle half shell helmets; Mobile + Portable and Mobile Only configurations.

3.3.2.1.2 Dual earphones that attach to the helmet for single touch, hands-free operation

3.3.2.1.3 Includes a weather resistant, noise-cancelling microphone with clear voice transmission

3.3.2.1.4 Speakers are loud enough to be heard on a motorcycle without distortion at highway speeds 70 miles per hour (MPH) or above

3.3.2.1.5 Features a weather resistant PTT button that connects to the handlebar or grips

3.3.2.1.6 Assembly cable connects the helmet communications kit to the Motorola XTS 5000 portable radio and shoulder microphones

3.3.3. SHOULDER MICROPHONE

3.3.3.1 The Contractor shall provide 11 shoulder microphones that meet the following specifications:

3.3.3.1.1 Shall be a Mobile + Portable radio configuration; Motorola JEDI Series portable radio

3.3.3.1.2 Ability to connect radio communications to the helmet kit when officer is dismounted from the motorcycle

3.3.3.1.3 Ability to use as a conventional shoulder microphone when attached to the radio or disconnected from the helmet kit

3.3.3.1.4 Includes “Hi,” “Lo,” and “Mute” speaker volume options

3.3.4. AUTOSWITCHING – PORTABLE/MOBILE RADIO WITH PUBLIC ADDRESS

3.3.4.1 The Contractor shall provide and install 10 autoswitching – portable/mobile radios with public address that meet the following specifications:

3.3.4.1.1 Shall be a Mobile + Portable Radio configuration with a public address interface

3.3.4.1.2 Wired communication system provides auto-switching between the Motorola XTS 5000 portable radio and Motorola XTL 5000 low power mobile two-way radio for the helmet headset

3.3.4.1.3 The motorcycle siren can be activated as a Public Address (PA) System via the PTT switch on the motorcycle handlebars.

3.3.4.1.4 Shall be compatible with the 2009 Harley-Davidson FLHTP Electro Glide® Police motorcycle and the new 2015 police motorcycle.

4.0 GOVERNMENT ACCEPTANCE PERIOD

4.1. The Contractor shall deliver all police motorcycles with the enhanced safety equipment, radios, and helmet communication kits installed.

4.2 The Contracting Officer Representative (COR) or Technical Point of Contact (TPOC) will review deliverables prior to acceptance and provide the Contractor with an e-mail that provides documented reasons for non-acceptance.

4.3 If the deliverable is acceptable, the COR or TPOC will send an e-mail to the Contractor notifying it that the deliverable has been accepted.

4.4 The COR or TPOC will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal.

4.5 In the event of a rejected deliverable, the Contractor will be notified in writing by the Contracting Officer (CO) of the specific reasons for rejection.

4.6 The Contractor shall have an opportunity to correct the rejected deliverable and return it per delivery instructions.

5.0 OTHER APPLICABLE CONDITIONS

5.1 PROGRAM ORGANIZATION

5.1.1 This program is under the technical direction of the COR or TPOC assigned to the Administrative Services Division, FPS, NPPD, DHS.

5.2 GOVERNMENT MANAGEMENT ORGANIZATION

5.2.1 FPS management of this project will be accomplished through the Administrative Services Division at FPS Headquarters. FPS will coordinate with the contractor to ensure successful FPS pickup of materials. Critical issues will be expeditiously (within 24 hours of submission by FPS) handled via direct interaction of both parties including the contractor support and FPS employees either through conference calls, at a local FPS managed facility or at the FPS HQ location at 800 North Capitol St. NW, Suite 400, Washington, DC 20002.

5.3 CONTRACTOR MANAGEMENT ORGANIZATION

5.3.1 The Contractor shall provide direct support and assistance to the FPS Program Manager (PM) in the development of production schedules with plan dates for FPS pick-up of products, reports, briefings, and other documentation required to keep FPS Administrative Services Division management informed on the status of the materials.

5.4 CONTRACTOR LIABILITY

5.4.1 In the event that the Contractor damages any equipment under this effort due to negligence of any type, the Contractor will be responsible for the replacement cost.

5.5 PERIOD OF PERFORMANCE

5.5.1 This contract is a one (1) time purchase.

5.6 INSTALLATION REQUIREMENTS

5.6.1 The Contractor shall provide all the necessary equipment, services and personnel to complete the specified services.

5.6.2 The Contractor shall install all equipment according to the manufacturers’ recommendations.

5.6.3 The Contractor personnel shall be licensed to perform the equipment installation.

5.6.4 The Contractor shall ensure the enhanced safety equipment shall not obscure any display or hand operated functions of the motorcycle, dashboard, radio, etc.

5.6.5 The Contractor shall provide a list of serial numbers of all installed equipment per vehicle by Vehicle Identification Number (VIN).

5.6.6 The Contractor shall ensure all excess cables and wires are not visible and shall be stored away. Excess cable shall be disposed of properly.

5.7 WARRANTY

5.7.1 All Contractor provided and installed enhanced safety equipment and motorcycle helmet communication kits in this SOW shall interface successfully with the police motorcycles.

5.7.2 The warranty shall provide full coverage on all motorcycles for a minimum of two (2) years and unlimited mileage from the date of delivery and acceptance by the Government.

5.7.3 Any mechanical labor provided under this contract, including installation, shall be free from defects in materials and workmanship for at least 90 days.

5.7.4 All enhanced safety equipment shall be free from defects in material and workmanship for one (1) year from the date of delivery and acceptance by the Government unless a longer warranty period is provided by the equipment warranty or by law, in which the longer warranty period applies. The Contractor shall repair or replace any defective enhanced safety equipment covered under warranty with no additional costs to the Government. Any replacement products shall be of equal or better functionality to that of the product being replaced.

5.8 DELIVERY SCHEDULE

5.8.1 All motorcycles with installed enhanced safety equipment and motorcycle helmet communication kits shall be delivered within 120 days after award and/or order.

5.8.2 The delivery locations and quantities are listed below:

5.8.2.1 REQUIREMENT 1: FIVE (5) NEW POLICE MOTORCYCLES

QUANTITY ADDRESS

2 10 Causeway Street Room 935

Boston, MA 02222 2 26 Federal Plaza

Room 17-130 New York, NY 10278

1 1900 Half Street, SW Suite 5000

Washington, DC 20536

5.8.2.2 REQUIREMENT 2: UPGRADE FIVE (5) EXISTING POLICE MOTORCYCLES

QUANTITY ADDRESS

5 1900 Half Street, SW

5.8.2.3 REQUIREMENT 3: MOTORCYCLE HELMET COMMUNICATION KITS

QUANTITY ITEM ADDRESS

2 Police Motorcycle Helmets 10 Causeway Street

Room 935 Boston, MA 02222

2 Helmet Communication Kits 10 Causeway Street Room 935

Boston, MA 02222

2 Shoulder Microphone 10 Causeway Street Room 935

Boston, MA 02222 2 Autoswitching – Portable/Mobile Radio with

Public Address 10 Causeway Street

Room 935 Boston, MA 02222

2 Police Motorcycle Helmets 26 Federal Plaza Room 17-130

New York, NY 10278 2 Helmet Communication Kits 26 Federal Plaza

Room 17-130 New York, NY 10278

2 Shoulder Microphone 26 Federal Plaza Room 17-130

New York, NY 10278 2 Autoswitching – Portable/Mobile Radio with

Public Address 26 Federal Plaza

Room 17-130 New York, NY 10278

7 Police Motorcycle Helmets 1900 Half Street, SW Suite 5000

Washington, DC 20536 7 Helmet Communication Kits 1900 Half Street, SW

Suite 5000 Washington, DC 20536

7 Shoulder Microphone 1900 Half Street, SW Suite 5000

Washington, DC 20536 6 Autoswitching – Portable/Mobile Radio with

Public Address 1900 Half Street, SW

6.0 GOVERNMENT-FURNISHED EQUIPMENT

6.1 The Government will provide the radios and decals for each new motorcycle.

7.0. ATTACHMENTS

Attachment - U.S. Department of Homeland Security Vehicle Guidelines, March 2005, Excerpt Ground Vehicles – Motorcycles and Motorcycle Kit

Terms and Conditions Page 1 of 33

1. INTRODUCTION

DHS/NPPD/FPS AD intends to award a delivery order for the acquisition of five (5) police motorcycles; the upgrade of five (5) Government owned police motorcycles; and, motorcycle helmet communication kits in accordance with the attached Statement of Work (SOW).

You are requested to submit a quote for the items described in the attached Statement of Work (SOW) no later than 3:00 pm EST, September 10, 2015. There will be no exceptions to the time and date on which responses are due, unless determined otherwise by the Government.

2. BRAND NAME

Your firm is required to bid on the ‘exact match to specification’ of CLINs list on the SF1449, which means that no substitutions are allowed. Your firm must provide the item requested in the line description (exact make, model, part number and/or description).

3. CONTRACT TYPE

The Government anticipates awarding a firm fixed price Delivery Order.

4. SHIPPING AND DELIVERY

Shipping must be free on board (FOB) destination, which means that the seller must deliver the goods on its conveyance to the varies destinations specified in the SOW within 30 days after award of the Delivery Order. In addition, the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination.

5. CONTRACTOR SUPERVISION AND POINTS OF CONTACT.

The Contractor will make available a representative from the company who has decision-making authority to appear on-site within a reasonable amount of time to answer questions or resolve problems or disputes. It is not the intent of the Government neither to supervise the Contractors’ employees or subcontractors nor to resolve any disputes or problems between the Contractor and his/her subcontractor(s). The Contractor is solely responsible for ensuring his/her subcontractors and employees follow the contract requirements.

As part of the technical approach, the contractor shall furnish an organization chart showing lines of authority, responsibility, and communication for management, supervisory, and technical personnel. Indicate what job classifications will be accomplishing the work items.

6. GENERAL EVALUATION CRITERIA

Any proposal received at after the exact time for receipt of proposals specified above will be deemed “late” and will be considered only in accordance with the provisions set forth under FAR 52.212-1, Instructions to Offerors – Commercial Items, paragraph (f).

Terms and Conditions Page 2 of 33

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. In addition to price, the following technical evaluation factor shall be used to evaluate offers and are listed in descending order of importance. Relevant Past Performance and Management Approach are both significantly more important than Socio Economic Factor.

Relevant Past Performance Technical Approach

The technical evaluation factors, when combined, are significantly more important than price.

The Government reserves the right to obtain information for use in the evaluation of past performance from any sources including sources outside of the Government. Offerors lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance. The Government will consider the quality of an offeror’s past performance. This consideration is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the offeror’s relevant past performance will be used as a means of evaluating the relative capability of the offeror and other competitors to successfully meet the requirements of the RFQ. In determining the rating for the past performance evaluation factor, the Government will give greater consideration to the contracts which the Government feels are most relevant to the RFQ.

The Government reserves the right to award the contract to other than the lowest priced offeror.

RFQ Submission Requirements

Technical Proposal (Non-price factors) – The government shall incorporate all elements of the successful contractor’s technical proposal (in full or by reference), except for Relevant Past Performance information, into any contract resulting from this RFQ.

The Contractor is required to submit the following technical (non-price) information:

1. Relevant Past Performance:

a. The Contractor shall submit up to a maximum of three (3) contracts for evaluation. The Government reserves the right to obtain information from sources other than those identified by the Contractor.

2. Technical Approach:

The Contractor’s proposal should address each area listed in the SOW in sufficient detail to demonstrate a clear understanding of the requirement, including operations and maintenance

Terms and Conditions Page 3 of 33 problems presented therein. The offeror should provide evidence of sufficient planning to show that the work will be accomplished as required and on schedule, utilizing all available resources.

The offeror shall provide a description of the motorcycles and equipment being proposed and demonstrate how it meets or exceeds the requirements. The offeror may include brochures or other product literature.

Excluding the cover page, the technical proposal (covering all non-price factors) is limited to twenty (20) pages in at least 11pt. font and 1” margins. Pages in excess of this limitation will not be evaluated.

Price Proposal

The Contractor shall also provide a detailed breakdown of its proposed prices separate from the technical information.

The Government may use a price realism evaluation for the purpose of measuring the Contractor’s understanding of the solicitation requirements and for assessing the performance risk inherent in the Contractor’s price.

The Contractor’s price shall be inclusive of all the Contractor’s direct costs, indirect costs and profit and shall include all costs associated with providing the services described in the Statement of Work, and the Contractor’s technical proposal.

Prices will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the RFQ and as proposed in the technical submission. The Contractor is cautioned that its proposal may be rejected if it is found to be materially unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more items is significantly overstated or understated.

The Government shall not be responsible for compensating the Contractor for any costs tied to solicitation requirements but not factored into the proposals prices, either by the Contractor’s intention or by mistake.

Basis for Selection

The Government will select the responsible Contractor whose proposal, in conforming to this RFQ, provides the overall best value to meet the Government’s requirements, price and non-price factors considered. Only apparent successful contractors determined to be responsible pursuant to FAR 9.104-1 will be issued a contract.

Terms and Conditions Page 4 of 33

Terms and Conditions

CLAUSES INCORPORATED BY REFERENCE

FAR 52.204-2 Security Requirements (Aug 1996) FAR 52.204-7 System for Award Management (Jul 2013) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015) FAR 52.228-5 Insurance -- Work on a Government Installation (Jan 1997) FAR 52.242-15 Stop-Work Order (Aug 1989) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work

(Dec 2003) HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (Dec 2003)

CLAUSES INCORPORATED BY FULL TEXT

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):

http://www.acquisition.gov/far/; http://www.dhs.gov/xopnbiz/regulations/

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS:

COMMERCIAL ITEMS

SUBMISSION OF INVOICES:

1. In accordance with Contract Administration Data, invoices shall now be submitted via one of the following three methods:

a. By Mail

DHS-NPPD-FPS-HQ

Burlington Finance Center P.O. Box 1279 Williston, VT 05495-1279

b. By facsimile (fax): (include a cover sheet with point of contact & # of pages):

802-288-7658

c. By e-mail: NPPDInvoice.Consolidation@ice.dhs.gov

Invoices submitted by other than these three methods will be returned. The contractor’s Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration (http://www.ccr.gov) prior to award and shall be notated on every invoice submitted to FPS to http://www.acquisition.gov/far/ http://www.dhs.gov/xopnbiz/regulations/ mailto:NPPDInvoice.Consolidation@ice.dhs.gov

Terms and Conditions Page 5 of 33 ensure prompt payment provisions are met. The FPS Region number (3) shall also be notated on every invoice. To assist in timely payment, it is also recommended that the contractor provide the Requisition Number on the submitted invoice

2. In accordance with Section I, Contract Clauses, FAR 52.212-4 (g)(1), Contract Terms and

Conditions – Commercial Items, or FAR 52.232-25 (a)(3), Prompt Payment, as applicable, the information required with each invoice submission is as follows:

o Invoice must include Name and address of the Contractor;

Invoice date and number;

Contract number, contract line item number and, if applicable, the order number;

Description, quantity, unit of measure, unit price and extended price of the items delivered;

Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

Terms of any discount for prompt payment offered;

Name and address of official to whom payment is to be sent;

Name, title, and phone number of person to notify in event of defective invoice; and Taxpayer Identification Number (TIN). The Contractor shall include its

TIN on the invoice only if required elsewhere in this contract. (See paragraph 1 above.)

Electronic funds transfer (EFT) banking information.

a. The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

b. If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or

c. EFT banking information is not required if the Government waived the requirement to pay by EFT.

Invoices without the above information may be returned for resubmission.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

Terms and Conditions Page 6 of 33

(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:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (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).

___ (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).

___ (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).

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

_X__ (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) (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.

Terms and Conditions Page 7 of 33

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (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 Aside (Nov 2011) (15 U.S.C.

644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9.

_X__ (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)).

___ (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).

_X__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

Terms and Conditions Page 8 of 33

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (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).

___ (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 (Aug 2013). (Executive Order 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) (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.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

Terms and Conditions Page 9 of 33

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

_X__ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (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.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_X__ (44) 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).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

Terms and Conditions Page 10 of 33

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (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:

___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 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).

___ (4) 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).

___ (5) 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).

___ (6) 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).

Terms and Conditions Page 11 of 33

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

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

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

(e)

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

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

Terms and Conditions Page 12 of 33

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

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

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee…