HSHQEH-16-Q-00012.pdf

PDF 2 MB Posted Jul 14, 2016

Attached to: Breaching Tools
Solicitation number: HSHQEH-16-Q-00012
Issued by: Department of Homeland Security Office of Procurement Operations

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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

Office of Procurement Operations Federal Protective Service U.S. Dept. of Homeland Security NPPD/FPS/East CCG/HQ-Natl Contracts

000000 CODE 16. ADMINISTERED BYCODE

333999

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OROPO/FPS/EACCG/HQ/NC

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/20/2016 1400 ET

07/14/2016

215-521-3053Maria Macerato (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

HSHQEH-16-Q-00012

5. SOLICITATION NUMBER

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

1 58 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

701 Market Street, Suite 3200

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

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/HQ-Natl Contracts

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.

Department of Homeland Security, National Protection and Programs Directorate, Federal Protective Service is requesting proposals for breaching tools in accordance with the attached Statement of Work.

All proposals are due on Wednesday, July 20, 2016 by 2:00 pm, Eastern Standard Time.

Questions in regards to this solicitation shall be submitted in writing by email only to Maria

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

MargaretMary CoxMarvel

. 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

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.

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.

Macerato, maria.macerato@hq.dhs.gov. No telephone calls will be accepted.

DO/DPAS Rating: NONE

Delivery: 120 Days After Award

Period of Performance: 08/15/2016 to 08/14/2021

0001 Pro-Bar/Sledge Hammer Sets, Fire Hooks Unlimited, 788 EA

Model ADZ-8-28 Pro Set

Anticipated Award Type: Firm-fixed-price

Product/Service Code: 5120

Product/Service Description: HAND TOOLS, NONEDGED, NONPOWERED

Period of Performance: 08/15/2016 to 08/14/2017

0002 Bolt Cutters in accordance with the attached 788 EA specifications.

Anticipated Award Type: Firm-fixed-price

Product/Service Code: 5120

Product/Service Description: HAND TOOLS, NONEDGED, NONPOWERED

Period of Performance: 08/15/2016 to 08/14/2017

1001 Pro-Bar/Sledge Hammer Sets, Fire Hooks Unlimited, 50 EA

Model ADZ-8-28 Pro Set

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

08/14/2017

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

58 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEH-16-Q-00012

Product/Service Code: 5120

Product/Service Description: HAND TOOLS, NONEDGED, NONPOWERED

Period of Performance: 08/15/2017 to 08/14/2018

1002 Bolt Cutters in accordance with the attached 50 EA specifications.

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

08/14/2017

Product/Service Code: 5120

Product/Service Description: HAND TOOLS, NONEDGED, NONPOWERED

Period of Performance: 08/15/2017 to 08/14/2018

2001 Pro-Bar/Sledge Hammer Sets, Fire Hooks Unlimited, 50 EA

Model ADZ-8-28 Pro Set

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

08/14/2018

Product/Service Code: 5120

Product/Service Description: HAND TOOLS, NONEDGED, NONPOWERED

Period of Performance: 08/15/2018 to 08/14/2019

2002 Bolt Cutters in accordance with the attached 50 EA specifications.

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

08/14/2018

Product/Service Code: 5120

Product/Service Description: HAND TOOLS, NONEDGED, NONPOWERED

Period of Performance: 08/15/2018 to 08/14/2019

3001 Pro-Bar/Sledge Hammer Sets, Fire Hooks Unlimited, 50 EA

Model ADZ-8-28 Pro Set

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

08/14/2019

Product/Service Code: 5120

Product/Service Description: HAND TOOLS, NONEDGED, NONPOWERED

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

DEPARTMENT OF HOMELAND SECURITY (DHS)

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE (NPPD)

FEDERAL PROTECTIVE SERVICE (FPS)

STATEMENT OF WORK (SOW)

BREACHING TOOLS

I. STATEMENT OF WORK (SOW)

Inherently Governmental services as identified in FAR 7.503 are prohibited under this requirement. In the event an inherently Governmental function as reflected in FAR 7.503 (list is not all inclusive) is recognized the Contracting Officer shall be immediately notified.

1.0 BACKGROUND

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.

1.1 OBJECTIVE

The objective of this effort is to procure breaching tools for FPS’s Law Enforcement Officers (LEOs).

2.0 SPECIFIC REQUIREMENTS/TASKS

2.1 PRO-BAR/SLEDGE HAMMER SETS REQUIREMENTS, CLIN 0001, 1001, 2001,

3001, and 4001 The Contractor shall provide 788 pro-bar/sledge hammer sets that meet or exceed the following specifications:

2.1.1. Brand name or equal to Fire Hooks Unlimited ADZ-8-28 Pro Set

2.1.2. Set includes the pro-bar and sledge hammer

2.1.3. Pro-bar shall be 30 inches in length and drop forged, one piece construction of alloy steel.

2.1.4. Sledge hammer shall be 8 lb. with a 28 inch fiberglass handle

2.1.5. The shoulder strap system allows for the carry of both the pro-bar and sledge hammer simultaneously.

2.2. BOLT CUTTERS REQUIREMENTS, CLIN 0002, 1002, 2002, 3002, and 4002

HSHQEH-16-Q-00012 Page 5 of 58

The Contractor shall provide 788 bolt cutters that meet or exceed the following specifications:

2.2.1. Non-conductive bolt cutters

2.2.2. Overall length of 24 inches

2.2.3. Soft and Med./Hard Brinnell 300/Rockwell C31 7/16 inches

2.2.4. Hard Materials up to Brinnell 455/Rockwell C48 5/16 inches.

2.2.5. Jaws are made of steel material

3.0 GOVERNMENT ACCEPTANCE PERIOD

3.1. The Contracting Officer’s 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.

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

3.3 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.

3.4 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.

3.5 At no additional cost to the Government, the Contractor shall have an opportunity to correct the rejected deliverable and return it per delivery instructions.

4.0 OTHER APPLICABLE CONDITIONS

4.1 PROGRAM ORGANIZATION

This program is under the technical direction of the COR or TPOC assigned to the Uniformed Services Branch (USB), Uniformed Operations Division (UOD), FPS, NPPD, DHS.

4.2 GOVERNMENT MANAGEMENT ORGANIZATION

FPS management of this project will be accomplished through the USB 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)

HSHQEH-16-Q-00012 Page 6 of 58 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 6315 Bren Mar Drive, Suite 102, Alexandria, VA 22312.

4.3 CONTRACTOR MANAGEMENT ORGANIZATION

The Contractor shall provide direct support and assistance to the FPS Program Manager (PM) in the development of delivery schedules, reports, briefings, and other documentation required to keep FPS USB management informed on the status of the materials.

4.4 CONTRACTOR LIABILITY

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.

4.5 PERIOD OF PERFORMANCE

The period of performance of the planned Blanket Purchase Agreement (BPA) is a base year with four (4) one (1) year optional ordering periods.

4.6 WARRANTY

All breaching tool equipment shall include a full lifetime warranty. All breaching tool equipment shall be free from defects in material and workmanship from the date of delivery and acceptance by the Government for as long as the Government owns the product. 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.

4.7 DELIVERY SCHEDULE

4.7.1 All breaching tool equipment shall be delivered within 120 business days after BPA award and/or BPA call.

4.7.2 The delivery locations and quantities are listed below:

Quantity Region Address 34 R1 55 Sudberry St

Boston, MA 02203 67 R2 26 Federal Plaza - ICE Unit

New York, NY 10278 70 R3 701 Market Street - Mellon Ctr Bldg

Philadelphia, PA 19106 95 R4 180 Spring Street

HSHQEH-16-Q-00012 Page 7 of 58

Atlanta, GA 30303 77 R5 230 S Dearborn - 23rd Floor

Chicago, IL 60606 60 R6 601 E. 12th, RM 1712

Kansas City, MO 64106 80 R7 1901 N. State Hwy 360, Ste 500

Grand Prairie, TX 75050 43 R8 6th Ave & Kipling

Denver Federal Center Bldg 44 Denver, CO 80225

87 R9 450 Golden Gate Avenue San Francisco, CA 94102

45 R10 400 15th Street SW Auburn, WA 98001

130 R11 1900 Half Street Washington, DC 20003

4.7.3. FPS reserves the right to request delivery to other facilities outside the aforementioned site as deemed necessary.

4.7.4. FPS reserves the right to alter the schedule and quantities shipped, as FPS mission requirements may change. Initial shipment quantities may change but will require written direction from the FPS CO to do so.

THE REMAINDER OF THE PAGE IS LEFT INTENTIALLY BLANK.

HSHQEH-16-Q-00012 Page 8 of 58

II. INSPECTION AND ACCEPTANCE

1.0 INSPECTION AND ACCEPTANCE

Inspection and Acceptance of all services and/or items provided for under this requirement shall be done so in accordance with FAR 52.212-4(a), Contract Terms and Conditions – Commercial Items, Inspection/Acceptance.

HSHQEH-16-Q-00012 Page 9 of 58

III. ADMINISTRATION DATA

1.0 SUBMISSION OF INVOICES

Invoices shall be submitted for payment within 30 days after completion of the prior month’s services. Invoices shall be submitted via one of the following three methods:

A. By mail:

NPPD-FPS-Region HQ

DHS, NPPD

Burlington Finance Center P.O. Box 1279 Williston, VT 05495-1279 Attn: FPS Region HQ Invoice

B. By facsimile (fax): # 802-288-7658

The invoice submission shall include a cover sheet with the contractor’s point of contact information and # of pages.

C. By e-mail: NPPDinvoice.consolidation@dhs.gov

1. The invoice number and FPS Region HQ shall be annotated in the subject line of the e-mail.

2. Only (1) invoice shall be submitted per e-mail message.

3. The invoice attached to the e-mail shall be in Portable Document Format

(PDF).

Invoices submitted by other than these three methods will not be processed and will be returned.

Contractors shall provide an informational copy of each invoice to the Contract Specialist at maria.macerato@hq.dhs.gov and the Contracting Officer’s Representative.

In addition to the information required for a proper invoice as identified in FAR 52.212-4 (g)(1), Contract Terms and Conditions – Commercial Items, (MAY 2015), the contractor shall annotate “FPS Region HQ” on the face of each invoice. Contractors shall submit only one invoice per contract per month unless otherwise authorized by the Contracting Officer. Failure to comply with these submission requirements will result in rejection of the invoice.

HSHQEH-16-Q-00012 Page 10 of 58 mailto:maria.macerato@hq.dhs.gov

2.0. THE ROLE OF GOVERNMENT PERSONNEL AND ADMINISTRATION

RESPONSIBILITY

A. Contracting Officer (CO)

1. The CO for this RFQ and resultant award is: Margie Cox Marvel, 215-521-3113, margaretmary.coxmarvel@hq.dhs.gov.

2. The CO has the overall responsibility for the administration of the Blanket Purchase Agreement. The CO alone is authorized to take action on behalf of the Government to amend, modify or deviate from the Blanket Purchase Agreement’s Terms and Conditions; make final decisions on unsatisfactory performance; terminate the Blanket Purchase Agreement for convenience or cause; and issue final decisions regarding questions or matters under dispute. The CO may delegate certain other responsibilities to an authorized representative.

B. Contracting Officer's Representative (COR)

1. The COR for this RFQ and resultant award is:

2. The COR is designated to assist the CO in the discharge of his or her responsibilities when he or she is unable to be directly in touch with the work being performed under the Blanket Purchase Agreement. The responsibilities of the COR and his/her alternate include, but are not limited to: determining the adequacy of performance by the Contractor in accordance with the terms and conditions of the Blanket Purchase Agreement, acting as the Government's representative in charge of work at the site(s);

ensuring compliance with the Blanket Purchase Agreement, requirements insofar as the actual performance is concerned; advising the Contractor of proposed deductions for non-performance or unsatisfactory performance; and advising the CO of any factors which may cause delay in the performance of work.

3. After award of the Blanket Purchase Agreement, the CO will issue a written Delegation of Authority memorandum to the COR that details the scope of duties the COR is authorized to perform and manage. The COR shall not make any decisions regarding the performance of the work under the Blanket Purchase Agreement except as outlined in the memorandum. A copy of the memorandum shall be sent to the Contractor.

4. The Contractor shall immediately notify the CO in the event the COR directs the Contractor to perform work that the Contractor believes is not part of the Blanket Purchase Agreement or the COR assumes duties not designated in the memorandum.

The CO will then make a determination as to the issue and respond to all affected parties in the most appropriate manner deemed necessary.

HSHQEH-16-Q-00012 Page 11 of 58 mailto:margaretmary.coxmarvel@hq.dhs.gov

IV. SPECIAL CONTRACT REQUIREMENTS

1.0 DISCLOSURE OF INFORMATION

(a) Contractors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked. However, marking of items will not necessarily preclude disclosure. All FOIA requests for procurement material will be handled according to agency procedures at 6 CFR Part 5, Subpart B.

(b) Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this effort and must not be divulged or made known in any manner to any person except as may be necessary in the performance of this requirement.

(c) In performance of this effort, the Contractor assumes responsibility for the protection and confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor’s responsible employees.

(d) Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. 641, Public Money, Property or Records. That section provides in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine as prescribed by Section 641, or imprisoned up to ten years, or both.

2.0 ADVERTISING, PUBLICIZING AWARDS and NEWS RELEASES

All press releases or announcements about agency programs, projects and contract awards need to be cleared by the Program Office and the CO. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services or equipment furnished pursuant to the provisions of this effort in any publicity news release or commercial advertising without first obtaining explicit written consent to do so from the Program Office and the CO.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred

HSHQEH-16-Q-00012 Page 12 of 58 by the Federal Government or is considered by the Government to be superior to other products or services.

HSHQEH-16-Q-00012 Page 13 of 58

V. ADDITIONAL TERMS AND CONDITIONS

In successfully responding to this Request for Quotation (RFQ), HSHQEH-16-Q-00012, the Contractor acknowledges that their company specific data is current and accurate in the Online Representation and Certification Application (ORCA) located electronically at the following address: https://sam.gov/

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

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

http://www.arnet.gov/far

Fixed Price provisions and clauses incorporated shall be applicable to the fixed-price contract line item numbers (CLINs).

NUMBER TITLE/DATE

FAR Clauses 52.203-6 Alternate I

Restrictions on Subcontractor Sales to the Government (Sept 2006)

52.204-13 System for Award Management Maintenance (Jul 2013)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.212-4 Contract Terms and Conditions—Commercial Items (May 2015) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013)

52.222-19 Child Labor—Cooperation with Authorities and Remedies (Feb 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

52.225-13 Restrictions on certain foreign purchases (june 2008)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Jul 2013)

52.233-4 Applicable Law For Breach Of Contract Claim (OCT 2004)

HSHQEH-16-Q-00012 Page 14 of 58 https://sam.gov/ https://sam.gov/ http://www.arnet.gov/far

HSAR Clauses

3052.205-70 Advertisements, Publicizing Awards, and Releases

(SEP 2012)

3052.231-70 Precontract Costs

(DEC 2003)

3052.242-72 Contracting Officer’s Technical Representative

(DEC 2003)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

(Jun 2016)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

HSHQEH-16-Q-00012 Page 15 of 58

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the

HSHQEH-16-Q-00012 Page 16 of 58 acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (Jun 2016)

(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 (Nov 2015)

(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 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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (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).

HSHQEH-16-Q-00012 Page 17 of 58

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C.

6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.

644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

644).

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

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

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

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

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 2015) of 52.219-9.

HSHQEH-16-Q-00012 Page 18 of 58

__ (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—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (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)).

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

_X(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

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

793).

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (33)(i) 52.222-50, Combating Trafficking in Persons (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).

HSHQEH-16-Q-00012 Page 19 of 58

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38)(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.

__ (39)(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.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41)(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(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_X(45) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (46)(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.

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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.

__ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_X(48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (49) 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).

__ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

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

_X(54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (58)(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.

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(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards— Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment— Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C.

5112(p)(1)).

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

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

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 52.219-8, 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 $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.

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

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

793).

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

(ix) 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.

HSHQEH-16-Q-00012 Page 23 of 58

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

(xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 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).

(xiii) 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).

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

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

(xvi) 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).

(xvii) 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.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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HSAR 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

HSHQEH-16-Q-00012 Page 25 of 58 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;

HSHQEH-16-Q-00012 Page 26 of 58

(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 3009.108-7001 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 3009.108-7001 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 3009.108-7001 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.

(End of clause)

HSAR 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:

Clauses:

__X_3052.205-70 Advertisement, Publicizing Awards, and Releases.

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_ X_3052.242-72 Contracting Officer’s Technical Representative.

_ X_3052.247-72 F.o.B. Destination Only.

(End of clause)

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VI. INSTRUCTIONS TO QUOTERS/QUOTATIONS SUBMISSIONS

REQUIREMENTS (to be removed at Contract Award)

1.0 SOLICITATION PROVISIONS

FAR 52.252-1, SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998):

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

PROVISIONS INCORPORATED BY REFERENCE

FAR Provisions 52.204-7 Systems for Award Management (JUL 2013) 52.204-16 Commercial and Government Entity Code Reporting (Jul…

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File details come from the government source that posted it. Updated Nov 14, 2017.