10_RFQ_ID04180066_Amendment03_16Jul19.doc

ID04180066-03

GENERAL SERVICES ADMINISTRATION

Federal Acquisition Service

Assisted Acquisition Services Division

Southeast Sunbelt Region

Mobile Portable Air Compressors

GSA Task Order ID: ID04180066 Date: 25 Jun 2019

GSA Contracting Officer:

Name: Amber Bryant Phone:

478-258-6754 Email:

Amber.Bryant@gsa.gov

GSA Contracts Specialist:

Misty E. Fariss

Phone: (850) 226-9793

Email: misty.fariss@gsa.gov iClient Organization:

AFLCMC/WNZEA

235 Byron Street, Suite 19A

Robins AFB, GA 31098 Primary Client Representative:

Name: Tevin West Phone: (472) 222-8237 Email: Tevin.west@us.af.mil

Project Name:

Mobile Portable Air Compressors Period of Performance:

Base Period of one (1) year with four (4) annual options:

Base Period:

16 Sep 2019 – 15 Sep 2020

Option I Period: 16 Sep 2020 – 15 Sep 2021 Option II Period: 16 Sep- 2021 – 15 Sep 2022

Option III Period:16 Sep 2022 – 15 Sep 2023 Option IV Period:16 Sep -2023 – 15 Sep 2024

Contract Type:

Blanket Purchase Agreement (BPA) Firm Fixed Priced (FFP) Contract Vehicle: Open Market

NAICS: 333912, Air and Gas Compressor Manufacturing Commercial Item Industry Partner:

TBD

PART I – THE SCHEDULE

A. SOLICITATION/CONTRACT FORM

A.1 STANDARD FORMS

Reference SF1449 through GSA business systems portal, ITSS (https://portal.fas.gsa.gov).

END OF SECTION A

SECTION B – SUPPLIES AND SERVICES

B.1 Schedule of Supplies to be Provided

(a) The quoter shall provide their total proposed amounts in Blocks 23 and 24 of the SF1449 cover page through the GSA business systems portal, AASBS (https://portal.fas.gsa.gov) for all Task Items/Contract Line Item Numbers (CLINs). Separate CLINs are provided for a one year base period of performance, four each one year optional period of performance, and a six month extension period in accordance with FAR 52.217-9.

This will be a Blanket Purchase Agreement (BPA). The designated Government activity for this requirement is the AFLCMC/WNZEA, at Robins AFB, GA. Orders may only be placed through the designated activity, AFLCM/WNZEA, and placed by GSA FAS.

B.2 CLINs

The Contract Task Items / CLIN Structures are as follows:

Task Item 0001 / Basic Period Compressors/Firm Fixed Priced (FFP Task Item 0002/Shipping/Cost Reimbursable No Fee (CRNF) Task Item 1001 / Option Period I Compressors/Firm Fixed Priced Task Item 1002/Shipping/Cost Reimbursable No Fee (CRNF) Task Item 2001 / Option Period II Compressors/Firm Fixed Priced

Task Item 2002/Shipping/Cost Reimbursable No Fee (CRNF) Task Item 3001 / Option Period III Compressors/Firm Fixed Priced

Task Item 3002/Shipping/Cost Reimbursable No Fee (CRNF) Task Item 4001 / Option Period IV Compressors/Firm Fixed Priced Task Item 4002/Shipping/Cost Reimbursable No Fee (CRNF) B.3 Orders

The Government estimates, but does not guarantee, that the volume of purchases using this BPA will be a quantity of forty-five (45) compressors annually, over a five (5) year period, for a total estimate of two hundred twenty-five (225). The Government may order more or less than this amount. The Government may also issue no orders against this BPA.

(END OF SECTION B)

C - STATEMENT OF WORK

C.1 Overview

The AFLCMC/WNZEA, at Robins AFB, GA has a need for Mobile Portable Air Compressors in the Air Force Inventory. The Compressor is a two-wheel mounted, diesel-driven, air compressor that continuously supplies compressed air. The Compressor is used to operate pneumatic tools including grease guns, paint guns, and other commercial or industrial applications which require a clean source of compressed air. The Compressor is utilized in hangers, shops, garages, paint shops, etc.

C.2 Scope of Work

This requirement is to deliver the Air Compressors to Robins AFB, GA as well as to other USAF and Foreign Military Sales (FMS) customers worldwide. Each unit shall have a one year parts warranty beginning upon acceptance of a delivered compressor and an operating manual of sufficient detail. The salient performance characteristics and technical requirements are as follows:

Performance Characteristics

Technical Requirement

(END OF SECTION C)

SECTION D – PACKING AND MARKING

D.1

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

This BPA incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. All clauses are applicable to this BPA and all Calls issued under the BPA. Upon request, the Contracting officer will make their full text available. Also the full text of a clause may be accessed electronically at the addresses below:

FAR website:

http://acquisition.gov/far/index.html DFARS website:

http://farsite.hill.af.mil/ GSAM website:

http://acquisiton.gov/comp/gsam/gsam.html

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE NO. DATE TITLE

None Included

II. DFAR SUPPLEMENT (48 CFR CHAPTER 2)

None Included

III. GSAM FAR SUPPLEMENT (48 CFR CHAPTER 18)

D.2

PACKAGING AND MARKING, TRANSPORTATION

Sample packaging and marking requirements are listed in Attachment (A), and will be specified on each individual order. Transportation costs shall be billed separately, and not included in the price of the item. The transportation appropriation chargeable will be specified on each individual order. FMS requirements shall be shipped on a government bill of lading. See clause DFARS 252.247-7028.

(END OF SECTION D)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This BPA incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. All clauses are applicable to this BPA and all Calls issued under the BPA. Upon request, the Contracting officer will make their full text available. Also the full text of a clause may be accessed electronically at the addresses below:

http://acquisition.gov/far/index.html http://farsite.hill.af.mil/ http://acquisiton.gov/comp/gsam/gsam.html

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE NO. DATE TITLE

II. DFAR SUPPLEMENT (48 CFR CHAPTER 2)

None Included

III. GSAM FAR SUPPLEMENT (48 CFR CHAPTER 18)

None Included

E.2. Inspection and Acceptance For deliverables associated with the requirements noted in this SOW, inspection and acceptance will occur in accordance with FAR 52-212-4 and 52.246-4. In the absence of other agreements negotiated with respect to time provided for Government review, deliverables will be inspected and the contractor notified of the findings within ten (10) work days of normally scheduled review. If the deliverables are not acceptable, the COR will notify the contractor immediately. Acceptance of invoices shall constitute acceptance of performance.

Performance by the contractor to correct defects found by the Government as a result of quality assurance surveillance and by the contractor as a result of quality control shall be at the contractor’s own expense without additional reimbursement by the Government. Unless otherwise negotiated, the contractor shall correct or replace all non-conforming services or deliverables not later than ten (10) work days after notification of non-conformance.

The contractor shall be responsible for overall responsiveness, cost control, adherence to schedules, responsible and cooperative behavior, quality of work, subject matter expertise, and understanding of the requirements herein.

E.3. Quality Control Plan Management of the quality control program is the responsibility of the contractor. The contractor is responsible for the delivery of quality services/supplies to the Government. The contractor shall develop, implement, and maintain an effective Quality Control Program which includes a written Quality Control Plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all BPA requirements are met. The contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services/supplies are provided to the Government. The QCP, as a minimum, shall address continuous process improvement; procedures for scheduling, conducting, and documenting inspections; discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; procedures for collecting and addressing customer feedback/complaints. The contractor shall provide to the Government their comprehensive QCP within thirty days after BPA issuance If the QCP requires updates/revisions over the course of BPA performance they shall be provided within five business days after updates/revisions are deemed necessary to the Contracting Officer’s and COR’s approval. The plan may be in contractor provided format ensuring information contained therein completely covers the requirements of the deliverable. The Government will have five business days to review the deliverable for content. If the deliverable is unacceptable, the Government will return it to the contractor within two business days and the contractor shall provide a revised QCP within two business days that is acceptable to the Government. Unless otherwise advised by the Contracting Officer, all deliverables shall be uploaded to AASBS (https://portal.fas.gsa.gov/) via a Post Award Collaboration.

E.4. Government Surveillance/Quality Assurance

Once a call is issued under the BPA, the contractor shall cooperate with inspectors and auditors and provide any requested information relating to the operations covered by the BPA. The contractor shall allow inspectors and auditors to periodically access work areas and provide access to any files required in relation to this BPA. The contractor shall correct discrepancies and/or violations noted during safety/security/fire/performance inspections and prepare a written response providing information on actions taken to correct discrepancies and/or violations. The contractor shall provide this response to the Contracting Officer Representative (COR) within the time frame specified by the inspecting agency.

When an observation indicates defective performance, the COR will require the contractor’s representative at the site to initial the observation documentation. The contractor’s representative initialing the observation documentation does not constitute concurrence with the observation, only acknowledgment.

The contractor shall notify the COR, within one business day, of complaints in writing received by the contractor on services/supplies covered by or received under this BPA. These complaints could include, but are not limited to, those received from customers receiving deliveries, commercial shippers, and discrepancies in Shipment Reports (Standard Form 361). The contractor is responsible for researching and submitting proposed answers to all deficiencies to the COR within five calendar days of the compliant notification. All complaints shall be resolved to COR’s satisfaction within seven calendar days of compliant notification.

The COR will document all defects using a “Task Discrepancy Report (TDR)”. The COR will verbally notify GSA of the defect and will submit a copy of the TDR as an Action Memo in AASBS to the GSA CO. The COR will ensure the TDR is completed in its entirety and coordinated through the CO. The contractor will also be furnished a copy of the TDR. The contractor shall furnish their response to the TDR. The contractor’s response will address the accuracy and validity of the defect, planned corrective action, and actions to prevent recurrence. The TDR information will be included when assessing the contractor’s overall performance (i.e., past performance assessments, exercise of options, etc.).

Government surveillance of tasks may occur at any time during the performance period.

E5. Past Performance Information

The Government will provide and record Past Performance Information for acquisitions over Simplified Acquisition Threshold utilizing the Contractor Performance Assessment Reporting System (CPARS). The CPARS process allows contractors to view and comment on the Government’s evaluation of the contractor’s performance before it is finalized. Once the contractor’s past performance evaluation is finalized in CPARS, it will be transmitted into the Past Performance Information Retrieval System (PPIRS).

Contractors are required to register in CPARS, so they may review and comment on past performance reports submitted through CPARS. Go to the following website to register in CPARS: https://www.cpars.gov/.

(END OF SECTION E)

SECTION F – DELIVERIES AND PERFORMANCE

F.1

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

The following clauses shall apply unless otherwise designated at the BPA Order level. This BPA incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. All clauses are applicable to this BPA and all Calls issued under the BPA. Upon request, the Contracting officer will make their full text available. Also the full text of a clause may be accessed electronically at the address below:

FAR website:

http://acquisition.gov/far/index.html DFAR website:

http://farsite.hill.af.mil/ GSAM website:

http://acquisiton.gov/comp/gsam/gsam.html

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE NO. DATE TITLE

II. DFAR SUPPLEMENT (48 CFR CHAPTER 2)

None Included

III. GSAM FAR SUPPLEMENT (48 CFR CHAPTER 18)

None Included

The following clauses are incorporated in full text:

52.247-34 -- F.o.b. – Destination.

F.o.b. Destination (Nov 1991)

(a) The term “f.o.b. destination,” as used in this clause, means --

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall --

(1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of Clause)

F.2

PERIOD OF PERFORMANCE

The term of the BPA will be a one (1) one-year base period and four (4) one-year option periods. See cover page of this document for actual Period of Performance dates.

The Contracting Officer will review the BPA at least annually. There is no guarantee that any Calls will be issued under the BPA during the BPA’s terms.

F.3.

DELIVERY SCHEDULE

Required delivery to all locations shall be at a minimum rate of 5 units per month, beginning no later than 45 days after receipt of any call issued under the BPA this solicitation seeks to establish, and continuing at that rate each month thereafter until delivery is complete. Quoters may include a rate exceeding the minimum with their quote; however the minimum is all that is required to meet technical acceptability for delivery schedule. In the event orders overlap, the delivery rate per month established under the BPA shall remain the same until delivery is complete for all outstanding orders. Per FAR 13.303-3(a)(3) the CO will identify the dollar limitation for each individual purchase under the BPA at the time of the BPA’s establishment.

F.4.

PLACE OF DELIVERY

The required items shall be shipped to separate CONUS locations as specified on each individual order. Each location shall receive the quantity of items indicated, and shipped in the order listed. Shipping costs shall be separately identified. Shipping charges shall be billed against the Cost Reimbursable No Fee (CRNF) CLIN. The shipping Not To Exceed (NTE) amount will be determined at the call level based on delivery location. The contractor shall provide proof of competitive delivery pricing in ITSS to the COR for approval at least seven (7) days prior to setting up delivery.

FMS: Delivery locations for FMS requirements will be indicated on each order, in the following format providing the Military Assistance Program Address Code (MAPAC):

Shipping Address 1 (FMS)

QTY:

(1)

Ship to:

DTK00K

Mark for:

DTKA00

Supp Address:

DTKA44

Case Code:

TK-D-A44

Additional Shipping Addresses: TBD; will be provided upon issuance of each Call.

All shipping documents, labels, and/or equipment containers shall include GSA task order number ID04180066 and ACT number (to be completed at time of award). Upon shipping, the contractor shall submit an electronic shipment notification to the Contracting Officer’s Representative (COR), Tevin West, at Tevin.West@us.af.mil, with a courtesy copy to Amber Bryant, GSA Senior Contracting Officer via e-mail at Amber.Bryant@gsa.gov.

The following information shall be included in the electronic shipment notification:

- Item(s) Shipped

- Date of Shipment

- Tracking Number of Shipment F.5.

FOREIGN MILITARY SALES (FMS)

This order may require delivery to FMS customers; please see clause DFARS 252.217-7000, Exercise of Option to Fulfill Foreign Military Sales Commitments. The appropriate Military Assistance Program Address Code (MAPAC) will be provided with each order requiring FMS deliveries 10 to 15 days prior to shipment. The contractor shall provide to the payment office evidence of shipment that will consist of both a Receiving Report, and the carrier’s receipt (e.g., the Commercial Bill of Lading, the Government Bill of Lading, the United States Postal Parcel Service receipt, the United Parcel Service pick-up record, or other carrier pick-up document). The contractor need not submit a Receiving Report, if one is not otherwise required under the BPA.

(END OF SECTION F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER RESPONSIBILITIES

(a) The Contracting Officer (CO) is the sole and exclusive Government official with actual authority to take actions that bind the Government under this agreement.

(b) The right to issue modifications, change terms and conditions, and terminate calls is reserved solely for the Contracting Officer.

G.2. CONTRACTING OFFICER’S REPRESENTATIVE RESPONSIBILITIES

a) The Contracting Officer’s Representative (COR) is responsible for monitoring the contractor's progress in fulfilling the technical requirements in the BPA. The COR ensures that all required documentation and data are submitted in accordance with the procurement deliverable schedule. Should the contractor fail to fulfill the BPA requirements, the COR must inform the contractor of such failure. The COR will inform the Contracting Officer of any technical or contractual problems or delays. The COR maintains administration records, approves invoices and performs final inspection and acceptance of work performed under this BPA.

b) The COR has no actual, apparent or implied authority to bind the Government. The COR may not grant the contractor permission to deviate from the requirements stated in the BPA, nor direct the contractor to perform any work outside the scope of the BPA. Changes in the BPA requirements, price or terms and conditions will only be made by the Contracting Officer via properly executed modifications to the BPA. The Contracting Officer will appoint a COR and issue a COR Designation Letter stating the authority of the COR. The contractor will receive a copy of the written designation.

c) The services to be performed by the contractor during the period of any Calls issued under the BPA shall at all times and in all places be subject to review by the Contracting Officer or authorized representative(s).

G.3. BPA ADMINISTRATION

The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for BPAactions within two (2) business days. The contractor shall designate and maintain a single point of contact between the Government and contractor personnel assigned to support the BPA. The contractor shall assign work effort and maintain proper and accurate time keeping records of personnel assigned to work on the requirement.

G.4. INVOICE REQUIREMENTS

G.4.1. Invoice Requirements

The invoice shall include charges authorized by the CO or COR which are within scope of the BPABPAand subsequent delivery orders and reflect the details specified below.

G.4.2. Payment Information

Invoices shall be submitted to GSA ASSIST (ITSS) and the Central Invoice System (CIS) web-based Order Processing System (https://portal.fas.gsa.gov/). The COR and the GSA Customer Account Manager or Contract Specialist must approve each invoice in CIS prior to payment.

An invoice for completion of each deliverable shall be electronically delivered to the COR via the GSA electronic contract management system (ITSS) by the twentieth (20th) calendar day of the month following delivery for client and GSA acceptance. A copy of the invoice shall be attached to the associated deliverable “Acceptance Report” posted in GSA Information Technology Solution Shop (ITSS) located on the web at https://portal.fas.gsa.gov/web/guest. The invoice shall be submitted on official company letterhead.

If the contractor submits a revised invoice, the revised invoice must include: 1) a unique invoice number, 2) a brief explanation, and 3) a cross-reference to any previous invoice submittals for tracking purposes and avoiding duplication.

For reimbursable expenses, the invoiced charges shall not exceed the limit specified in the BPA. No charges shall be paid by the Government, which are not specifically identified in the task and approved in advance by the Government. Copies of receipts, travel vouchers, etc., completed in accordance with Government Travel Regulations shall be attached to the invoice to support the charges. Original receipts shall be maintained by the Contractor and made available to Government auditors upon request.

The contractor shall submit Requests for Payments in accordance with the format contained in General Services Administration Acquisition Manual (GSAM) 552.232-25, PROMPT PAYMENT (NOV 2009), to be considered proper for payment.

The contractor shall provide the following payment information for GSA use. It must be an exact match with the information under the BPA number in the AAS Business Systems Portal, ITSS Contract Registration (not the contractor’s company or individual representative’s registration) as well as with the information under the contractor’s Data Universal Numbering System (DUNS) number in the System for Award Management (SAM), http://www.sam.gov. Mismatched information will result in rejected payments.

a. Company Name – Legal Business Name and Doing Business As (DBA) Name

b. Mailing Address – Contact and Address Information

c. Remittance Address – Remit To Address Information

d. Employer’s Identification Number – Federal Tax ID

e. DUNS (Data Universal Numbering System)

G.4.3. Invoice Information

The contractor shall provide the following information on each invoice submitted:

a. Invoice Number – must not include any special characters; ITSS and the invoice must match

b. ACT Number from GSA Form 300, Block 4

c. GSA BPA Number – must match ITSS

d. BPA Number from GSA Form 300, Block 3

e. Point of Contact and Phone Number

f. Remittance Address

g. Delivery date or Period of Performance for the billing period

h. Charges, identified by deliverable or line item(s), with a narrative description of the service performed. Labor, reimbursable costs, and other charges (e.g., G&A) must be broken out.

i. Prompt Payment Discount, if offered

j. Total Invoice Amount – must match the acceptance information posted in ITSS; cannot exceed the current BPA ceiling

k. Total cumulative BPA amount and burn rate

G.4.4. Invoice Processing Guidelines

To insure invoices are valid and processed timely, the contractor shall follow the guidelines listed herein when submitting invoices and include the required details per the terms and conditions of the BPA.

· Invoice Numbers – Invoice numbers can be up to 14 characters. Alpha numeric text only, no special characters or spaces. ITSS will automatically append to the end of each invoice number the Act#, which is not included in the 14 character limitation. Invoice numbers must be unique, no duplicates allowed.

· Invoices Crossing Option Periods – contractors may combine charges for multiple task items over two separate option periods on a monthly invoice for services completed and/or materials delivered or task items with mismatched performance periods completed during the monthly billing period invoiced.

· Supplemental Invoices – Services must be billed to the month they are incurred. If trailing costs are invoiced, the contractor shall submit a supplemental invoice. If using the same invoice number previously used for the month, the contractor shall add an S following the original invoice number. If more than one supplemental then add a numeric indicator such as S1, S2, etc.…

· Resubmission of an Invoice – If an invoice has been rejected and the contractor is resubmitting, if using the same invoice number previously used for the month, the contractor shall add an R following the original invoice number. If more than one resubmission is required, then add a numeric indicator such as R1, R2, etc.…

· The contractor shall insure submitted invoices and supporting documentation are submitted in accordance with BPA terms and conditions. Invoiced costs posted in ITSS invoices must match the task item and costs on the attached invoice and be within the funded limits.

· The contractor shall insure the invoice prices/rates, labor hours, and labor categories conform to the terms and conditions of the BPA.

· The contractor shall insure Labor Hours for each billed BPA line item do not exceed the contract ceiling limit. (If applicable)

· The contractor shall insure reimbursable costs are approved, funded, and valid and, in the case of time and materials or labor-hour contracts, costs associated with such other direct costs are allowable and have been determined to be reasonable and directly associated with BPA and billed to the correct task item and period they were approved in. For reimbursable line items invoiced, the contractor shall have received prior approval and supporting documentation is supplied to support the costs and dates and invoiced amounts do not exceed the line items and total amounts authorized.

· The contractor shall insure travel costs are supported and have supporting records of Government approval and are approved, funded, and valid by the BPA and billed to the correct task item and period they were approved in.

· The contractor shall insure the period of performance invoiced is within the period of performance of the BPA and invoiced task items.

· The contractor shall insure all subcontractor rates are valid, and have been properly reviewed and substantiated by the prime.

G.4.5.

Final Invoice/BPA Closeout

The invoice for final payment must be so identified and submitted within 60 days from BPA completion. No further charges are to be billed. The contractor may request an extension of 60 days from the GSA CO to submit the final invoice. Mark with the word FINAL (even if it is a zero amount).

Reimbursable travel costs shall be billed at a predetermined rate and are not subject to final rate approval. After the final invoice has been paid the contractor shall furnish a completed and signed Release of Claims (GSA Form 1142, or equivalent) to the SCO. This release of claims is due within fifteen (15) calendar days of final payment.

G.5

MEETINGS

The contractor shall organize, attend and/or host, and/or facilitate program meetings as directed by the Government.

The contractor shall provide meeting agendas/presentation material as requested by the COR within two business days of the meeting date. Subsequently as requested by the COR, the contractor shall provide meeting minutes/action items within five business days after meeting.

G.5.1 Kick Off Meeting A kickoff meeting provides an opportunity for the Government to provide details of the BPA and for the contractor to demonstrate an understanding of the work to be performed and completed under this SOW. Within ten working days of the issuance of the BPA, the BPA holder shall attend a kick off meeting in order to review the intent and details of the BPA. The meeting will include an orientation and overview of the BPA scope and terms and conditions. The location will be a mutually agreed upon after BPA issuance and may be facilitated by the Contracting Officer. The meeting may be accomplished through telecom or other alternative means.

G.5.2 Periodic Progress Meetings The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor’s performance or progress of outstanding task orders. These meetings shall be at no additional cost to the Government.

(END OF SECTION G)

H. SPECIAL BPA REQUIREMENTS

H.1. Security H.1.1. Access and General Protection/Security Policy and Procedures

The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Contracting Officer’s Representative (COR). Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this BPA, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

H.1.2. COMSEC / IT Security

All communications with DoD organizations are subject to communications security (COMSEC) review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

H.2. Organizational Conflict of Interest

(a) Organizational Conflict of Interest” means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the BPA work is or might be otherwise impaired, or a person has an unfair competitive advantage. “Person” as used herein includes Corporations, Partnerships, Joint Ventures, and other business enterprises. All actual or potential OCI situations shall be handled in accordance with FAR Subpart 9.5. Offeror as used in this solicitation section addressing OCI shall include all vendors that the company submitting this quote has entered into a contractor teaming agreement or prime subcontractor relationship with in connection with its quote submission for this acquisition.

(b) If the Offeror is currently providing support or anticipates providing support to the Government that presents an actual or potential OCI with the requirements for this acquisition, the Offeror warrants that to the best of its knowledge and belief, and except as otherwise set forth in the BPA, the Contractor does not have any organizational conflict of interest(s) as defined in paragraph (a).

(c) It is recognized that the effort to be performed by the contractor under this BPA may create a potential organizational conflict of interest on the instant contract or on a future acquisition. In order to avoid this potential conflict of interest, and at the same time to avoid prejudicing the best interest of the Government, the right of the Contractor to participate in future procurement of equipment and/or services that are the subject of any work under this BPA shall be limited as described below in accordance with the requirements of FAR 9.5.

(d) (1) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any proprietary information provided to the Contractor by the Government during or as a result of performance of this BPA. Such information includes, but is not limited to, information submitted to the Government on a confidential basis by other persons. Further, the prohibition against release of Government provided information extends to cover such information whether or not in its original form, e.g. where the information has been included in Contractor generated work or where it is discernible from materials incorporating or based upon such information. This prohibition shall not expire after a given period of time.

(2) The contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information generated or derived during or as a result of performance of this BPA. This prohibition shall expire after a period of one year after completion of performance on this BPA.

(3) The prohibitions contained in subparagraphs (d)(1) and (d)(2) shall apply with equal force to any affiliate of the Contractor, any subcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with which it may merge or affiliate, or any successor or assign of the Contractor. The terms of paragraph (f) of this Special BPA Requirement relating to notification shall apply to any release of information in contravention of this paragraph (d).

(e) The Contractor further agrees that, during the performance of this BPA and for a period of one year after completion of performance of this BPA, the Contractor, any affiliate of the Contractor, any subcontractor, officers of the company participating in the BPA, any joint venture involving the Contractor, any entity into or with which it may subsequently merge or affiliate, or any other successor or assign of the Contractor, shall not furnish to the United States Government, either as a prime contractor or as a subcontractor, or as a consultant to a prime contractor or subcontractor, any system, component or services which is the subject of the work to be performed under this BPA. This exclusion does not apply to any competition for the same services furnished pursuant to this BPA. As provided in FAR 9.505-2, if the Government procures the system, component, or services on the basis of work statements growing out of the effort performed under this BPA, from a source other than the contractor, subcontractor, affiliate, or assign of either, during the course of performance of this BPA or before the one year period following completion of this BPA has lapsed, the Contractor may, with the authorization of the cognizant Contracting Officer, participate in a subsequent procurement for the same system, component, or service. In other words, the Contractor may be authorized to compete for procurement(s) for systems, components or services subsequent to an intervening procurement.

(f) The Contractor agrees that, if after award, it discovers an actual or potential organizational conflict of interest; it shall make immediate and full disclosure in writing to the Contracting Officer. The notification shall include a description of the actual or potential organizational conflict of interest, a description of the action, which the Contractor has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevant information that would assist the Contracting Officer in making a determination on this matter. Notwithstanding this notification, the Government may terminate the BPA for the convenience of the Government if determined to be in the best interest of the Government.

(g) Notwithstanding paragraph (f) above, if the Contractor was aware, or should have been aware, of an organizational conflict of interest prior to the award of this BPA or becomes, or should become, aware of an organizational conflict of interest after award of this BPA and does not make an immediate and full disclosure in writing to the Contracting Officer, the Government may terminate this BPA for default.

(h) If the Contractor takes any action prohibited by this requirement or fails to take action required by this requirement, the Government may terminate this BPA for default.

(i) The Contracting Officer’s decision as to the existence or nonexistence of an actual or potential organizational conflict of interest shall be final and is not subject to the clause of this BPA entitled “DISPUTES” (FAR 52.233-1).

(j) Nothing in this requirement is intended to prohibit or preclude the Contractor form marketing or selling to the United States Government its product lines in existence on the effective date of this BPA; nor, shall this requirement preclude the Contractor from participating in research and development or delivering any design development model or prototype of any such equipment. Additionally, sale of catalog or standard commercial items are exempt from this requirement.

(k) The Contractor shall promptly notify the Contracting Officer, in writing, if it has been tasked to evaluate or advise the Government concerning its own products or activities or those of a competitor in order to ensure proper safeguards exist to guarantee objectivity and to protect the Government’s interest.

(l) The Contractor shall include this requirement in subcontracts of any tier, which involve access to information, or situations/conditions covered by the preceding paragraphs, substituting “subcontractor” for “contractor” where appropriate.

(m) The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law or elsewhere included in this BPA.

Compliance with this requirement is a material requirement of this BPA.

H.3. Discrepancy of Specifications

In any case of discrepancy in the specifications, the matter shall be immediately submitted to the Contracting Officer. The decision of the Contracting Officer as to the proper interpretation of the specifications shall be final in accordance with the Disputes clause of this BPA and calls issued under the BPA.

(END OF SECTION H)

PART II - CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1

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

This BPA and any calls issued under the BPA 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):

FAR website:

http://acquisition.gov/far/index.html DFAR website:

http://farsite.hill.af.mil/ GSAM website:

http://acquisiton.gov/comp/gsam/gsam.html The following clauses are incorporated by Reference:

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)

CLAUSE NO. TITLE DATE

I.1.2. DFARS Clauses

DFARS SUPPLEMENT (48 CFR CHAPTER 2)

CLAUSE NO. TITLE DATE

The following clauses are incorporated in full text and applicable to all Calls issued under the established BPA:

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEM - Addendum FAR 12.302, Tailoring of Provisions and Clauses for the Acquisition of Commercial Items, permits limited alteration of FAR Clauses 52.212-4 via Addendum to Solicitation and resulting Contract. This Addendum sets forth those clauses and provisions that apply to this requirement for the acquisition of Vending Machines.

Paragraph (c), Changes: Paragraph is modified to read as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties, except that Unilateral Amended Shipping Instructions (ASls), F.O.B. Origin, and other administrative changes, incorporated into this contract, may be made unilaterally.

Paragraph (o), Warranty : Paragraph is modified to require the contractor to provide at least the same express warranty terms , including offers of extended warranties , offered to the general public in the customary market place, and will conform with all requirements of the contract for a period of no less than 365 days from the date of delivery to CONUS locations.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAY 2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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

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

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (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 Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_X__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18)…