RFP_ID09180048.pdf
PDF 528 KB Posted
- Solicitation number
- ID09180048
- Issued by
-
GSA Federal Acquisition Service
About this file
RFP
View the file
Other files
Show all 21
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
ID09180048 70
TBD ID09180048
Matthew Schupbach (619) 261-9050
9QZAA
To be determined on individual task orders issued against this contract.
9QZAA
GSA FAS, Region 9 50 United Nations Plaza San Francisco, CA 94102-4912
GSA
See attached continuation page.
See attached continuation page.
See attached continuation page.
TBD 05/04/2018
04 June 2018
9QZAA
General Services Administration (GSA) Federal Acquisition Service (FAS), Region 9 50 United Nations Plaza San Francisco, CA 94102-4912
STANDARD FORM 1449 (REV. 2/2012) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
SECTION B: SF 1449 CONTINUATION PAGE
| B.1 | GENERAL | |||||||||||||||
| This | acquisition | is | being | conducted | under | Federal | Acquisition | Regulation | (FAR) | Part | 15 | to | establish | a | ||
| Single | Award, | Indefinite | Delivery, | Indefinite | Quantity | (IDIQ) | contract | for | the | Office | of | People | Analytics | |||
| (OPA), | Defense | Human | Resources | Activity | (DHRA). | The | contractor | shall | provide | all | services | and | supplies | |||
| necessary | to | perform | on | a | Task | Order | basis. | The | Task | Orders | (TOs) | shall | be | performed | in | accordance |
| with | (IAW) | all | sections | of | this | Master | Contract. |
| B.2 | CONTRACT | TYPE | |||||||||||||||
| The | contractor | shall | perform | the | effort | required | by | this | Contract | on | a | Firm‐Fixed | Price | (FFP) | basis | for | CLINs |
| (0001, | 1001, | 2001, | 3001, | 4001); | and | a | Cost | Reimbursement | with | No | Fee | basis | for | CLINs | (0002, | 1002, | 2002, |
| 3002, | 4002 | and | 0003, | 1003, | 2003, | 3003, | and | 4003). |
| Travel | and | Other | Direct | Costs | will | be | reimbursed | at | actual | direct | cost | in | accordance | with | the | limitations | set | ||
| forth | in | FAR | 31.205‐46. | No | fee | is | allowed | on | travel | or | other | direct | costs. | Travel | and | Other | Direct | Costs | will |
| typically | be | a | separate | not‐to‐exceed | amount | on | task | orders. |
The following abbreviations are used in this price schedule:
| CLIN: | Contract | Line | Item | Number | ||
| FFP: | Firm‐Fixed‐Price | |||||
| CR: | Cost | Reimbursement | with | No | Fee | |
| NTE: | Not | to | Exceed | |||
| ODC: | Other | Direct | Cost |
| B.2.1 | DELIVERY | ORDER | PRICING | ||||||||||||||
| The | Contractor | shall | price | TOs | utilizing | the | established | labor | category | and | rates | in | Exhibit | A | – | Price | Schedule. |
| The | Contracting | Officer | (CO) | has | the | authority | and | responsibility | for | the | determination | of | price | ||||
| reasonableness | for | each | TO’s | requirements. |
| B.2.2 | MASTER | CONTRACT | ESTABLISHED | RATES | |||||||||||||||
| The | Price | Schedule | for | the | Master | Contract, | by | labor | category | and | ordering | period, | is | provided | in | Exhibit | A. | ||
| The | Master | Contract | includes | the | standard | set | of | labor | categories | in | the | contract. | The | Contractor’s | fully | ||||
| burdened | labor | rates | included | in | the | Price | Schedule | will | be | incorporated | into | the | Master | Contract | upon | ||||
| award. | If, | at | any | time | during | the | Master | Contract | period, | the | Contractor’s | awarded | prices | are | reduced | below | |||
| those | that | are | shown | on | the | Price | Schedule | Workbook, | the | Contractor | shall | notify | the | CO | and | provide | a | list | of |
| the | Contract | Line | Item | Numbers | (CLINS), | labor | descriptions, | unit | prices, | and | supporting | documentation. |
| B.2.3 | LABOR | CATEGORIES | (LCATS) | (POST | AWARD) | ||||||||||||
| After | award | and | of | this | Contract, | at | the | request | of | the | Government, | the | Contractor | may | propose | additional | |
| labor | categories, | rates | and | descriptions | necessary | to | support | requirements | of | this | Master | Contract | or | a | |||
| specific | TO. | These | additional | labor | categories, | rates, | and | descriptions | will | be | negotiated | on | a | case‐by‐case | |||
| basis | and | may | be | incorporated | into | Exhibit | A. | Proposed | additional | labor | categories | in | no | way | obligate | the | |
| Government | to | accept | the | addition, | nor | does | it | excuse | the | contractor | from | performing | work | per | labor | ||
| categories | and | rates | established | at | contract | award. |
| B.3 | SF1449 | – | BLOCK | 18a | – | PAYMENT | WILL | BE | MADE | BY | ||||||
| Payments | will | be | made | by | GSA. | The | contractor | shall | submit | invoices | for | task | orders | issued | against | this |
| contract | electronically | by | logging | into | the | ASSIST | portal | (https://portal.fas.gsa.gov), | navigating | to | the | |||||
| appropriate | order, | and | creating | the | invoice | for | that | order. | For | additional | assistance | contact | the | ASSIST |
| Helpdesk | at | (877) | 472‐4877. | Do | NOT | submit | any | invoices | directly | to | the | GSA | Finance | Center | (neither | by | |
| nor | via | electronic | submission). |
B.4 SF 1449 CONTINUATION – BLOCKS 19‐24
B.4.1 BASE PERIOD
FFP
CLIN
| DESCRIPTION | QTY UNIT UNIT | PRICE TOTAL | PRICE |
| (From | Exhibit | A) |
| 0001 | Labor | in | accordance | with |
| Attachment | 3 | ‐ | ||
| Performance | Work |
Statement
12 MO $ $
CR
CLIN
DESCRIPTION TOTAL NTE PRICE
0002 Travel $210,000.00
CR
CLIN
DESCRIPTION TOTAL NTE PRICE
0003 Other Direct Costs $5,000.00
B.4.2 OPTION PERIOD 1
FFP
CLIN
| DESCRIPTION | QTY UNIT UNIT | PRICE TOTAL | PRICE |
| (From | Exhibit | A) |
| 1001 | Labor | in | accordance | with |
| Attachment | 3 | ‐ | ||
| Performance | Work |
Statement
12 MO $ $
CR
CLIN
DESCRIPTION TOTAL NTE PRICE
1002 Travel $292,000.00
CR
CLIN
DESCRIPTION TOTAL NTE PRICE
1003 Other Direct Costs $5,150.00
B.4.3 OPTION PERIOD 2
FFP
CLIN
| DESCRIPTION | QTY UNIT UNIT | PRICE TOTAL | PRICE |
| (From | Exhibit | A) |
| 2001 | Labor | in | accordance | with |
| Attachment | 3 | ‐ | ||
| Performance | Work |
Statement
12 MO $ $
CR
CLIN
DESCRIPTION TOTAL NTE PRICE
2002 Travel $216,000.00
CR
CLIN
DESCRIPTION TOTAL NTE PRICE
2003 Other Direct Costs $5,304.50
B.4.4 OPTION PERIOD 3
FFP
CLIN
| DESCRIPTION | QTY UNIT UNIT | PRICE TOTAL | PRICE |
| (From | Exhibit | A) |
| 3001 | Labor | in | accordance | with |
| Attachment | 3 | ‐ | ||
| Performance | Work |
Statement
12 MO $ $
CR
CLIN
DESCRIPTION TOTAL NTE PRICE
3002 Travel $220,000.00
CR
CLIN
DESCRIPTION TOTAL NTE PRICE
3003 Other Direct Costs $5,463.64
B.4.5 OPTION PERIOD 4
FFP
CLIN
| DESCRIPTION | QTY UNIT UNIT | PRICE TOTAL | PRICE |
| (From | Exhibit | A) |
| 4001 | Labor | in | accordance | with |
| Attachment | 3 | ‐ | ||
| Performance | Work |
Statement
12 MO $ $
CR
CLIN
DESCRIPTION TOTAL NTE PRICE
4002 Travel $270,000.00
CR
CLIN
DESCRIPTION TOTAL NTE PRICE
4003 Other Direct Costs $5,627.54
B.4.6 TOTAL PRICE (BASE PLUS OPTIONS) $______________________
| B.5 | SF1449 | – | BLOCK | 25 | – | ACCOUNTING | AND | APPROPRIATION | DATA | |||
| Accounting | data | will | be | provided | on | individual | task | orders | issued | against | this | contract. |
| B.6 | TRAVEL | ||||||||||||||||||
| Estimated | travel | costs | will | be | negotiated | at | the | task | order | level. | No | fee | will | be | paid | on | travel | expenses. | The |
| contractor | agrees | to | use | the | most | economical | method | of | travel | available. | Contractor | costs | for | travel | will | be | |||
| reimbursed | at | actual | cost, | within | the | limits | of | the | contract | and | task | order | NTE | amounts | and | the | limits | set | in |
| the | following | regulations | (see | FAR | 31.205‐46): |
(A) Joint Travel Regulation (JTR) ‐ prescribed by the GSA, for travel in the contiguous U.S.
| (B) | Federal | Travel | Regulation | (FTR) | Volume | 2, | Department | of | Defense | (DoD) | Civilian | Personnel, | Appendix | A | ‐ | |
| prescribed | by | the | DoD, | for | travel | in | Alaska, | Hawaii, | and | outlying | areas | of | the | U.S. | ||
| (C) | Department | of | State | Standardized | Regulations | (DSSR) | (Government | Civilians, | Foreign | Areas), | Section | |||||
| 925, | "Maximum | Travel | Per | Diem | Allowances | for | Foreign | Areas" | ‐ | prescribed | by | the | Department | of | State, | for |
| travel | in | areas | not | covered | in | the | FTR | or | JTR. |
| B.7 | OTHER | DIRECT | COSTS | (ODCs) | ||||||||||||||
| This | clause | pertains | to | Contractor | Acquired, | Government | owned | ODCs | – | CLIN | 0003, | 1003, | 2003, | 3003, | 4003. | |||
| The | Government | may | require | the | contractor | to | purchase | other | direct | costs | related | to | the | services | being | |||
| acquired | under | the | contract | and | within | the | limits | of | the | NTE | amount | in | the | schedule. | Offerors | shall | include | |
| Other | Direct | Costs | in | each | task | order | proposal | if | necessary | to | cover | any | costs | associated | with | ODCs. | After | |
| award, | all | ODCs | shall | receive | government | COR | approval | prior | to | funds | being | expended. | The | COR | must | |||
| approve | all | requests | for | final | ODCs | prior | to | the | contractor | incurring | costs. | The | actual | pricing | of | the | required | |
| ODCs | provided | by | the | Contractor | will | be | validated | by | the | COR. | The | Contractor | shall | attach | back | up | ||
| documentation/receipts | of | ODC | purchases | to | each | invoice. | Invoices | for | materials | will | not | be | paid | until | ||||
| proper | verification | of | backup | documentation | including | purchase | approval, | competition | documentation, | and |
receipts.
| B.8 | AAS | BUSINESS | SYSTEMS | PORTAL | ||||||||||||||
| The | resultant | task | order | will | be | issued | and | administered | via | GSA’s | AAS | Business | System | Portal | (formally | |||
| ITSS). | Please | ensure | your | points | of | contact | are | registered | in | the | system. | Please | go | to | ||||
| https://portal.fas.gsa.gov/web/guest | for | registration | information | and | to | verify | your | account | is | active | and | |||||||
| current. | Offerors | must | verify | complete | business | mailing | address, | contact | name, | phone | number, | fax | number, | |||||
| remittance | address | and | address. | Failure | to | be | registered | or | have | an | active | account | will | result | in | a | delay | |
| in | the | award | or | no | award. |
(END OF SECTION B)
SECTION C: CONTRACT CLAUSES
| C.1 | CONTRACT | DURATION | |||||||||||||||||||
| This | contract | has | a | base | ordering | period | starting | on | the | date | of | contract | award | and | ending | one‐year | |||||
| thereafter. | The | contract | also | contains | four | one‐year | option | periods | as | indicated | in | Section | B. | The | contract | ||||||
| may | extend | for | a | total | period | of | five | years | after | the | date | of | award, | if | all | option | periods | are | exercised | by | the |
Government.
| C.2 | PACKAGING | AND | MARKING | ||||||||||||||
| All | reports | or | data | deliverables | to | be | submitted | on | this | contract | will | be | identified | on | individual | task | orders |
| and | shall | be | submitted | with | a | letter | of | transmittal | identifying | the | contract | number | and | delivery | order | number | |
| and | title | or | description | of | data | being | submitted. |
| C.3 | MINIMUM | AND | MAXIMUM | QUANTITIES | |||||||||||||
| As | referred | to | in | paragraph | (b) | of | the | “Indefinite | Quantity” | clause | of | this | contract, | the | contract | minimum | |
| quantity | is | a | total | of | $75,000.00 | worth | of | services. | The | maximum | quantity | is | the | total | estimated | amount | of |
| the | contract. | The | maximum | quantity | is | not | to | be | exceeded | without | prior | approval | of | the | Procuring | ||
| Contracting | Officer. |
| During | the | life | of | the | contract, | the | total | maximum | dollar | amount | available | for | placement | of | task | orders | is |
| cumulative | with | each | option | exercise, | and | unobligated | balances | may | be | used | in | succeeding | option | periods. |
C.4 CONTRACT CLAUSES INCORPORATED BY REFERENCE:
FAR CLAUSE TITLE DATE
52.202‐1 Definitions NOV 2013
52.203‐3 Gratuities APR 1984
52.204‐4 Printed or Copied Double‐Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204‐9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204‐13 System for Award Management Maintenance OCT 2016
52.204‐18 Commercial and Government Entity Code Maintenance JUL 2016
52.204‐19 Incorporation by Reference of Representations and Certifications. DEC 2014
52.204‐21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016
52.212‐4 Contract Terms and Conditions‐‐Commercial Items JAN 2017
52.224‐1 Privacy Act Notification APR 1984
52.224‐2 Privacy Act APR 1984
52.232‐39 Unenforceability of Unauthorized Obligations JUN 2013
52.232‐40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.237‐3 Continuity Of Services JAN 1991
52.245‐1 Government Property with Alternate I JAN 2017
52.245‐9 Uses and Charges APR 2012
DFARS CLAUSE TITLE DATE
252.203‐7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011
252.203‐7003 Agency Office of the Inspector General DEC 2012
252.204‐7000 Disclosure of Information OCT 2016
252.204‐7003 Control of Government Personnel Work Product APR 1992
| 252.204‐7009 | Limitations | on | the | Use | or | Disclosure | of | Third‐Party | Contractor |
| Reported | Cyber | Incident | Information |
OCT 2016
252.204‐7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204‐7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.205‐7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.211‐7003 Item Unique Identification and Valuation MAR 2016
252.211‐7007 Reporting of Government‐Furnished Property AUG 2012
| 252.219‐7003 | Small | Business | Subcontracting | Plan | (DOD | Contracts)‐‐Basic |
| (DEVIATION | 2018‐O0007) |
DEC 2017
252.225‐7012 Preference For Certain Domestic Commodities DEC 2017
252.227‐7013 Rights in Technical Data‐‐Noncommercial Items FEB 2014
| 252.227‐7014 | Rights | in | Noncommercial | Computer | Software | and | Noncommercial |
| Computer | Software | Documentation |
FEB 2014
252.227‐7015 Technical Data‐‐Commercial Items FEB 2014
252.227‐7016 Rights in Bid or Proposal Information JAN 2011
| 252.227‐7025 | Limitations | on | the | Use | or | Disclosure | of | Government‐Furnished |
| Information | Marked | with | Restrictive | Legends |
MAY 2013
252.227‐7030 Technical Data‐‐Withholding Of Payment MAR 2000
252.227‐7037 Validation of Restrictive Markings on Technical Data SEP 2016
252.232‐7003 Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232‐7010 Levies on Contract Payments DEC 2006
252.237‐7010 Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.239‐7001 Information Assurance Contractor Training and Certification JAN 2008
252.239‐7010 Cloud Computing Services OCT 2016
252.243‐7002 Requests for Equitable Adjustment DEC 2012
252.244‐7000 Subcontracts for Commercial Items JUN 2013
252.245‐7001 Tagging, Labeling, and Marking of Government‐Furnished Property
APR 2012
252.245‐7002 Reporting Loss of Government Property DEC 2017
252.245‐7003 Contractor Property Management System Administration APR 2012
252.245‐7004 Reporting, Reutilization, and Disposal DEC 2017
252.247‐7023 Transportation of Supplies by Sea APR 2014
C.5 FAR CONTRACT CLAUSES IN FULL TEXT:
| 52.212‐5 | CONTRACT | TERMS | AND | CONDITIONS | REQUIRED | TO | IMPLEMENT | STATUTES | OR | |
| EXECUTIVE | ORDERS‐‐COMMERCIAL | ITEMS | (JAN | 2018) |
| (a) | The | Contractor | shall | comply | with | the | following | Federal | Acquisition | Regulation | (FAR) | clauses, | which | are | |
| incorporated | in | this | contract | by | reference, | to | implement | provisions | of | law | or | Executive | orders | applicable | to |
| acquisitions | of | commercial | items: |
| (1) | 52.203‐19, | Prohibition | on | Requiring | Certain | Internal | Confidentiality | Agreements | or | Statements | (JAN | ||||
| 2017) | (section | 743 | of | Division | E, | Title | VII, | of | the | Consolidated | and | Further | Continuing | Appropriations | Act, |
| 2015 | (Pub. | L. | 113‐235) | and | its | successor | provisions | in | subsequent | appropriations | acts | (and | as | extended | in |
| continuing | resolutions)). |
(2) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
| (4) | 52.233‐4, | Applicable | Law | for | Breach | of | Contract | Claim | (OCT | 2004) | (Public | Laws | 108‐77 | and | 108‐78 | (19 |
| U.S.C. | 3805 | note)). |
| (b) | The | Contractor | shall | comply | with | the | FAR | clauses | in | this | paragraph | (b) | that | the | Contracting | Officer | has |
| indicated | as | being | incorporated | in | this | contract | by | reference | to | implement | provisions | of | law | or | Executive | ||
| orders | applicable | to | acquisitions | of | commercial | items: | (X | indicates | clause | is | incorporated | in | this | contract) |
| ___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 | |||
| (June | 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 | 2016) | (Pub. | L. |
| 109‐282) | (31 | U.S.C. | 6101 | note). |
___ (5) [Reserved]
___ (6) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div.
C).
| __X__(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 | (July | 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.
| __X_(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.
_X_ (16) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
_X_ (17)(i) 52.219‐9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Nov 2016) of 52.219‐9.
__X__ (iii) Alternate II (Nov 2016) of 52.219‐9.
____ (iv) Alternate III (Nov 2016) of 52.219‐9.
____ (v) Alternate IV (Nov 2016) of 52.219‐9.
____ (18) 52.219‐13, Notice of Set‐Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
____ (19) 52.219‐14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
__X_ (20) 52.219‐16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
| ____ | (21) | 52.219‐27, | Notice | of | Service‐Disabled | Veteran‐Owned | Small | Business | Set‐Aside | (NOV | 2011) | (15 |
| U.S.C. | 657f). |
__X__ (22) 52.219‐28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C.
632(a)(2)).
| ____ | (23) | 52.219‐29, | Notice | of | Set‐Aside | for, | or | Sole | Source | Award | to, | Economically | Disadvantaged | Women‐ |
| Owned | Small | Business | Concerns | (Dec | 2015) | (15 | U.S.C. | 637(m)). |
| ____(24) | 52.219‐30, | Notice | of | Set‐Aside | for, | or | Sole | Source | Award | to, | Women‐Owned | Small | Business | Concerns |
| Eligible | Under | the | Women‐Owned | Small | Business | Program | (Dec | 2015) | (15 | U.S.C. | 637(m)). |
__X_ (25) 52.222‐3, Convict Labor (June 2003) (E.O. 11755).
____(26) 52.222‐19, Child Labor‐‐Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
__X_ (27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) 52.222‐26, Equal Opportunity (Sept 2016) (E.O. 11246).
_X_ (29) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
__X_ (30) 52.222‐36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
__X_ (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). |
__X__ (33)(i) 52.222‐50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.
13627).
____ (ii) Alternate I (March 2, 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).
| __X__(34) | 52.222‐54, | Employment | Eligibility | Verification | (Oct | 2015). | (E. | O. | 12989). | (Not | applicable | to | the |
| acquisition | of | commercially | available | off‐the‐shelf | items | or | certain | other | types | of | commercial | items | as |
| prescribed | in | 22.1803.) |
| ____ | (35)(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 |
| (June, | 2016) | (E.O. | 13693). |
| ____ | (37) | 52.223‐12, | Maintenance, | Service, | Repair, | or | Disposal | of | Refrigeration | Equipment | and | Air |
| Conditioners | (June, | 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[supreg]‐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 (June, 2016) (E.O. 13693).
____ (44) 52.223‐21, Foams (June, 2016) (E.O. 13693).
__X__(45)(i) 52.224‐3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224‐3.
____ (46) 52.225‐1, Buy American‐‐Supplies (May 2014) (41 U.S.C. chapter 83).
| ____(47) | (i) | 52.225‐3, | Buy | American‐‐Free | Trade | Agreements‐‐Israeli | Trade | Act | (May | 2014) | (41 | U.S.C. | chapter | |||||||
| 83, | 19 | U.S.C. | 3301 | note, | 19 | U.S.C. | 2112 | note, | 19 | U.S.C. | 3805 | note, | 19 | U.S.C. | 4001 | note, | Pub. | L. | 103‐182, | 108‐77, |
| 108‐78, | 108‐286, | 108‐302, | 109‐53, | 109‐169, | 109‐283, | 110‐138, | 112‐41, | 112‐42, | and | 112‐43. |
____ (ii) Alternate I (May 2014) of 52.225‐3.
____ (iii) Alternate II (May 2014) of 52.225‐3.
____ (iv) Alternate III (May 2014) of 52.225‐3.
____ (48) 52.225‐5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
| __X__(49) | 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). |
| ____ | (50) | 52.225‐26, | Contractors | Performing | Private | Security | Functions | Outside | the | United | States | (Oct | 2016) | |||
| (Section | 862, | as | amended, | of | the | National | Defense | Authorization | Act | for | Fiscal | Year | 2008; | 10 | U.S.C. | 2302 |
Note).
____ (51) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150
____ (52) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
| ____ | (53) | 52.232‐29, | Terms | for | Financing | of | Purchases | of | Commercial | Items | (Feb | 2002) | (41 | U.S.C. | 4505, | 10 |
| U.S.C. | 2307(f)). |
____ (54) 52.232‐30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
| __X__(55) | 52.232‐33, | Payment | by | Electronic | Funds | Transfer—System | for | Award | Management | (July | 2013) | (31 |
| U.S.C. | 3332). |
| ____ | (56) | 52.232‐34, | Payment | by | Electronic | Funds | Transfer—Other | than | System | for | Award | Management | (July |
| 2013) | (31 | U.S.C. | 3332). |
____ (57) 52.232‐36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
__X__(58) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__X__(59) 52.242‐5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
| ____ | (60)(i) | 52.247‐64, | Preference | for | Privately | Owned | U.S.‐Flag | Commercial | Vessels | (Feb | 2006) | (46 | U.S.C. | |
| Appx. | 1241(b) | and | 10 | U.S.C. | 2631). |
____ (ii) Alternate I (Apr 2003) of 52.247‐64.
| (c) | The | Contractor | shall | comply | with | the | FAR | clauses | in | this | paragraph | (c), | applicable | to | commercial | services, |
| that | the | Contracting | Officer | has | indicated | as | being | incorporated | in | this | contract | by | reference | to | implement | |
| provisions | of | law | or | Executive | orders | applicable | to | acquisitions | of | commercial | items: | (X | means | incorporated | ||
| into | contract) |
__X__ (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) (E.O. 13658).
_____ (9) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
_____ (10) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.
1792).
_____ (11) 52.237‐11, Accepting and Dispensing of $1 Coin (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. |
| (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) | 52.203‐19, | Prohibition | on | Requiring | Certain | Internal | Confidentiality | Agreements | or | Statements | (JAN | ||||
| 2017) | (section | 743 | of | Division | E, | Title | VII, | of | the | Consolidated | and | Further | Continuing | Appropriations | Act, |
| 2015 | (Pub. | L. | 113‐235) | and | its | successor | provisions | in | subsequent | appropriations | acts | (and | as | extended | in |
| continuing | resolutions)). |
| (iii) | 52.219‐8, | Utilization | of | Small | Business | Concerns | (Nov | 2016) | (15 | U.S.C. | 637(d)(2) | and | (3)), | in | all |
| subcontracts | that | offer | further | subcontracting | opportunities. | If | the | subcontract | (except | subcontracts | to | small | |||
| business | concerns) | exceeds | $700,000 | ($1.5 | million | for | construction | of | any | public | facility), | the | subcontractor | ||
| must | include | 52.219‐8 | in | lower | tier | subcontracts | that | offer | subcontracting | opportunities. |
| (iv) | 52.222‐17, | Nondisplacement | of | Qualified | Workers | (MAY | 2014) | (E.O. | 13495). | Flow | down | required | in |
| accordance | with | paragraph | (l) | of | FAR | clause | 52.222‐17. |
(v) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222‐26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
| (viii) | 52.222‐36, | Equal | Opportunity | for | Workers | with | Disabilities | (Jul | 2014) | (29 | U.S.C. | 793). | ||||
| (ix) | 52.222‐37, | Employment | Reports | on | Veterans | (Feb | 2016) | (38 | U.S.C. | 4212). | ||||||
| (x) | 52.222‐40, | Notification | of | Employee | Rights | Under | the | National | Labor | Relations | Act | (Dec | 2010) | (E.O. | ||
| 13496). | Flow | down | required | in | accordance | with | paragraph | (f) | of | FAR | clause | 52.222‐40. | ||||
| (xi) | 52.222‐41, | Service | Contract | Labor | Standards | (May | 2014), | (41 | U.S.C. | chapter | 67). | |||||
| (xii) | __X___ | (A) | 52.222‐50, | Combating | Trafficking | in | Persons | (March | 2, | 2015) | (22 | U.S.C. | chapter | 78 | and | E.O. |
13627).
| _____ | (B) | Alternate | I | (March | 2, | 2015) | of | 52.222‐50 | (22 | U.S.C. | chapter | 78 | and | E.O. | 13627). |
| (xiii) | 52.222‐51, | Exemption | from | Application | of | the | Service | Contract | Labor | Standards | to | Contracts | for | ||
| Maintenance, | Calibration, | or | Repair | of | Certain | Equipment‐‐Requirements | (May | 2014) | (41 | U.S.C. | chapter | 67.) | |||
| (xiv) | 52.222‐53, | Exemption | from | Application | of | the | Service | Contract | Labor | Standards | to | Contracts | for | Certain | |
| Services‐‐Requirements | (May | 2014) | (41 | U.S.C. | chapter | 67) | |||||||||
| (xv) | 52.222‐54, | Employment | Eligibility | Verification | (Oct | 2015) | (E. | O. | 12989). |
(xvi)52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
| (xvii) | 52.222‐59, | Compliance | with | Labor | Laws | (Executive | Order | 13673) | (OCT | 2016) | (Applies | at | $50 | million | |
| for | solicitations | and | resultant | contracts | issued | from | October | 25, | 2016 | through | April | 24, | 2017; | applies | at |
| $500,000 | for | solicitations | and | resultant | contracts | issued | after | April | 24, | 2017). |
| Note | to | paragraph | (e)(1)(xvii): | By | a | court | order | issued | on | October | 24, | 2016, | 52.222‐59 | is | enjoined | ||
| indefinitely | as | of | the | date | of | the | order. | The | enjoined | paragraph | will | become | effective | immediately | if | the | court |
| terminates | the | injunction. | At | that | time, | DoD, | GSA, | and | NASA | will | publish | a | document | in | the | Federal | Register |
| advising | the | public | of | the | termination | of | the | injunction. |
| (xviii) | 52.222‐60, | Paycheck | Transparency | (Executive | Order | 13673) | (OCT | 2016)). | ||||||||
| (xix) | (A) | 52.224‐3, | Privacy | Training | (JAN | 2017) | (5 | U.S.C. | 552a). | |||||||
| (B) | Alternate | I | (JAN | 2017) | of | 52.224‐3. | ||||||||||
| (xx) | 52.222‐62 | Paid | Sick | Leave | Under | Executive | Order | 13706 | (JAN | 2017) | (E.O. | 13706). | ||||
| (xxi) | 52.225‐26, | Contractors | Performing | Private | Security | Functions | Outside | the | United | States | (Oct | 2016) | ||||
| (Section | 862, | as | amended, | of | the | National | Defense | Authorization | Act | for | Fiscal | Year | 2008; | 10 | U.S.C. | 2302 |
Note).
| (xxii) | 52.226‐6, | Promoting | Excess | Food | Donation | to | Nonprofit | Organizations. | (May | 2014) | (42 | U.S.C. | 1792). | |||
| Flow | down | required | in | accordance | with | paragraph | (e) | of | FAR | clause | 52.226‐6. | |||||
| (xxiii) | 52.247‐64, | Preference | for | Privately‐Owned | U.S. | Flag | Commercial | Vessels | (Feb | 2006) | (46 | U.S.C. | Appx | |||
| 1241(b) | and | 10 | U.S.C. | 2631). | Flow | down | required | in | accordance | with | paragraph | (d) | of | FAR | clause | 52.247‐64. |
| (2) | While | not | required, | the | Contractor | may | include | in | its | subcontracts | for | commercial | items | a | minimal |
| number | of | additional | clauses | necessary | to | satisfy | its | contractual | obligations. |
(End of clause)
52.216‐19 ORDER LIMITATIONS (OCT 1995)
| (a) | Minimum | order. | When | the | Government | requires | supplies | or | services | covered | by | this | contract | in | an | ||
| amount | of | less | than | $2,500.00, | the | Government | is | not | obligated | to | purchase, | nor | is | the | Contractor | obligated | to |
| furnish, | those | supplies | or | services | under | the | contract. |
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $10M;
(2) Any order for a combination of items in excess of $10M; or
| (3) | A | series | of | orders | from | the | same | ordering | office | within | 10 | days | that | together | call | for | quantities | exceeding |
| the | limitation | in | subparagraph | (1) | or | (2) | above. |
| (c) | If | this | is | a | requirements | contract | (i.e., | includes | the | Requirements | clause | at | subsection | 52.216‐21 | of | the |
| Federal | Acquisition | Regulation | (FAR)), | the | Government | is | not | required | to | order | a | part | of | any | one | |
| requirement | from | the | Contractor | if | that | requirement | exceeds | the | maximum‐order | limitations | in | paragraph | ||||
| (b) | above. |
| (d) | Notwithstanding | paragraphs | (b) | and | (c) | above, | the | Contractor | shall | honor | any | order | exceeding | the | |||
| maximum | order | limitations | in | paragraph | (b), | unless | that | order | (or | orders) | is | returned | to | the | ordering | office | |
| within | 10 | days | after | issuance, | with | written | notice | stating | the | Contractor's | intent | not | to | ship | the | item | (or |
| items) | called | for | and | the | reasons. | Upon | receiving | this | notice, | the | Government | may | acquire | the | supplies | or | |
| services | from | another | source. |
(End of clause)
52.216‐22 INDEFINITE QUANTITY (OCT 1995)
| (a) | This | is | an | indefinite‐quantity | contract | for | the | supplies | or | services | specified, | and | effective | for | the | period |
| stated, | in | the | Schedule. | The | quantities | of | supplies | and | services | specified | in | the | Schedule | are | estimates | only |
| and | are | not | purchased | by | this | contract. |
| (b) | Delivery | or | performance | shall | be | made | only | as | authorized | by | orders | issued | in | accordance | with | the |
| Ordering | clause. | The | Contractor | shall | furnish | to | the | Government, | when | and | if | ordered, | the | supplies | or | |
| services | specified | in | the | Schedule | up | to | and | including | the | quantity | designated | in | the | Schedule | as | the |
| “maximum.” | The | Government | shall | order | at | least | the | quantity | of | supplies | or | services | designated | in | the | |
| Schedule | as | the | “minimum.” |
| (c) | Except | for | any | limitations | on | quantities | in | the | Order | Limitations | clause | or | in | the | Schedule, | there | is | no | limit |
| on | the | number | of | orders | that | may | be | issued. | The | Government | may | issue | orders | requiring | delivery | to | multiple | ||
| destinations | or | performance | at | multiple | locations. |
| (d) | Any | order | issued | during | the | effective | period | of | this | contract | and | not | completed | within | that | period | shall | be |
| completed | by | the | Contractor | within | the | time | specified | in | the | order. | The | contract | shall | govern | the | Contractor’s | ||
| and | Government’s | rights | and | obligations | with | respect | to | that | order | to | the | same | extent | as | if | the | order | were |
| completed | during | the | contract’s | effective | period; | provided, | that | the | Contractor | shall | not | be | required | to | make | |||
| any | deliveries | under | this | contract | after | all | task | orders | issued | during | the | ordering | period | have | expired. |
(End of Clause)
52.217‐9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
| (a) | The | Government | may | extend | the | term | of | this | contract | by | written | notice | to | the | Contractor | before | the | end |
| of | an | active | ordering | period; | provided | that | the | Government | gives | the | Contractor | preliminary | written | notice | of | |||
| its | intent | to | extend | at | least | 15 | days | before | the | contract | expires. | The | preliminary | notice | does | not | commit | the |
| Government | to | an | extension. |
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
| (c) | The | total | duration | of | this | contract, | including | the | exercise | of | any | options | under | this | clause, | shall | not | exceed |
| sixty | months. |
(End of Clause)
| 52.219‐9 | SMALL | BUSINESS | SUBCONTRACTING | PLAN | (DEVIATION | 2016‐O0009) | (JAN | 2017)‐‐ | |
| ALTERNATE | II | (NOV | 2016) |
| (a) | This | clause | does | not | apply | to | small | business | concerns. | |||||||||
| (b) | Definitions. | As | used | in | this | clause | ‐ | |||||||||||
| “Alaska | Native | Corporation | (ANC)” | means | any | Regional | Corporation, | Village | Corporation, | Urban | Corporation, | |||||||
| or | Group | Corporation | organized | under | the | laws | of | the | State | of | Alaska | in | accordance | with | the | Alaska | Native | |
| Claims | Settlement | Act, | as | amended | (43 | U.S.C. | 1601, | et | seq.) | and | which | is | considered | a | minority | and | ||
| economically | disadvantaged | concern | under | the | criteria | at | 43 | U.S.C. | 1626(e)(1). | This | definition | also | includes | |||||
| ANC | direct | and | indirect | subsidiary | corporations, | joint | ventures, | and | partnerships | that | meet | the | requirements | |||||
| of | 43 | U.S.C. | 1626 | (e)(2). | ||||||||||||||
| “Commercial | item” | means | a | product | or | service | that | satisfies | the | definition | of | commercial | item | in | section | |||
| 2.101 | of | the | Federal | Acquisition | Regulation. | |||||||||||||
| “Commercial | plan” | means | a | subcontracting | plan | (including | goals) | that | covers | the | offeror’s | fiscal | year | and | that | |||
| applies | to | the | entire | production | of | commercial | items | sold | by | either | the | entire | company | or | a | portion | thereof | |
| (e.g., | division, | plant, | or | product | line). | |||||||||||||
| “Electronic | Subcontracting | Reporting | System | (eSRS)” | means | the | Governmentwide, | electronic, | web‐based | |||||||||
| system | for | small | business | subcontracting | program | reporting. | The | eSRS | is | located | at | http://www.esrs.gov. | ||||||
| “Indian | tribe” | means | any | Indian | tribe, | band, | group, | pueblo, | or | community, | including | native | villages | and | native | |||
| groups | (including | corporations | organized | by | Kenai, | Juneau, | Sitka, | and | Kodiak) | as | defined | in | the | Alaska | Native | |||
| Claims | Settlement | Act | (43 | U.S.C.A. | 1601 | et | seq.), | that | is | recognized | by | the | Federal | Government | as | eligible | for | |
| services | from | the | Bureau | of | Indian | Affairs | in | accordance | with | 25 | U.S.C. | 1452(c). | This | definition | also | includes | ||
| Indian‐owned | economic | enterprises | that | meet | the | requirements | of | 25 | U.S.C. | 1452(e). | ||||||||
| “Individual | subcontracting | plan” | means | a | subcontracting | plan | that | covers | the | entire | contract | period | ||||||
| (including | option | periods), | applies | to | a | specific | contract, | and | has | goals | that | are | based | on | the | offeror’s | planned | |
| subcontracting | in | support | of | the | specific | contract, | except | that | indirect | costs | incurred | for | common | or | joint | |||
| purposes | may | be | allocated | on | a | prorated | basis | to | the | contract. | ||||||||
| “Master | subcontracting | plan” | means | a | subcontracting | plan | that | contains | all | the | required | elements | of | an | ||||
| individual | subcontracting | plan, | except | goals, | and | may | be | incorporated | into | individual | subcontracting | plans, | ||||||
| provided | the | master | subcontracting | plan | has | been | approved. | |||||||||||
| “Reduced | payment” | means | a | payment | that | is | for | less | than | the | amount | agreed | upon | in | a | subcontract | in | |
| accordance | with | its | terms | and | conditions, | for | supplies | and | services | for | which | the | Government | has | paid | the | ||
| prime | contractor. | |||||||||||||||||
| “Subcontract” | means | any | agreement | (other | than | one | involving | an | employer‐employee | relationship) | entered | |||||||
| into | by | a | Federal | Government | prime | Contractor | or | subcontractor | calling | for | supplies | or | services | required | for | |||
| performance | of | the | contract | or | subcontract. | |||||||||||||
| “Total | contract | dollars” | means | the | final | anticipated | dollar | value, | including | the | dollar | value | of | all | options. | |||
| “Untimely | payment” | means | a | payment | to | a | subcontractor | that | is | more | than | 90 | days | past | due | under | the | terms |
| and | conditions | of | a | subcontract | for | supplies | and | services | for | which | the | Government | has | paid | the | prime |
contractor.
(c)
| (1) | Proposals | submitted | in | response | to | this | solicitation | shall | include | a | subcontracting | plan | that | separately | |||||
| addresses | subcontracting | with | small | business, | veteran‐owned | small | business, | service‐disabled | veteran‐ | ||||||||||
| owned | small | business, | HUBZone | small | business, | small | disadvantaged | business, | and | women‐owned | small | ||||||||
| business | concerns. | If | the | Offeror | is | submitting | an | individual | subcontracting | plan, | the | plan | must | separately | |||||
| address | subcontracting | with | small | business, | veteran‐owned | small | business, | service‐disabled | veteran‐owned | ||||||||||
| small | business, | HUBZone | small | business, | small | disadvantaged | business, | and | women‐owned | small | business | ||||||||
| concerns, | with | a | separate | part | for | the | basic | contract | and | separate | parts | for | each | option | (if | any). | The | plan | shall |
| be | included | in | and | made | a | part | of | the | resultant | contract. | The | subcontracting | plan | shall | be | negotiated | within |
| the | time | specified | by | the | Contracting | Officer. | Failure | to | submit | and | negotiate | a | subcontracting | plan | shall | make |
| the | Offeror | ineligible | for | award | of | a | contract. |
(2)
| (i) | The | Contractor | may | accept | a | subcontractor's | written | representations | of | its | size | and | socioeconomic | status | ||
| as | a | small | business, | small | disadvantaged | business, | veteran‐owned | small | business, | service‐disabled | veteran‐ | |||||
| owned | small | business, | or | a | women‐owned | small | business | if | the | subcontractor | represents | that | the | size | and | |
| socioeconomic | status | representations | with | its | offer | are | current, | accurate, | and | complete | as | of | the | date | of | the |
| offer | for | the | subcontract. | |||||||||||||
| (ii) | The | Contractor | may | accept | a | subcontractor's | representations | of | its | size | and | socioeconomic | status | as | a | |
| small | business, | small | disadvantaged | business, | veteran‐owned | small | business, | service‐disabled | veteran‐ | |||||||
| owned | small | business, | or | a | women‐owned | small | business | in | the | System | for | Award | Management | (SAM) | if‐‐ |
| (A) | The | subcontractor | is | registered | in | SAM; | and | ||||||||
| (B) | The | subcontractor | represents | that | the | size | and | socioeconomic | status | representations | made | in | |||
| SAM | are | current, | accurate | and | complete | as | of | the | date | of | the | offer | for | the | subcontract. |
| (iii) | The | Contractor | may | not | require | the | use | of | SAM | for | the | purposes | of | representing | size | or | socioeconomic |
| status | in | connection | with | a | subcontract. | ||||||||||||
| (iv) | In | accordance | with | 13 | CFR | 121.411, | 124.1015, | 125.29, | 126.900, | and | 127.700, | a | contractor | acting | in | good | |
| faith | is | not | liable | for | misrepresentations | made | by | its | subcontractors | regarding | the | subcontractor's | size | or | |||
| socioeconomic | status. |
| (d) | The | offeror’s | subcontracting | plan | shall | include | the | following: | ||||||||||
| (1) | Separate | goals, | expressed | in | terms | of | total | dollars | subcontracted, | and | as | a | percentage | of | total | planned | ||
| subcontracting | dollars, | for | the | use | of | small | business, | veteran‐owned | small | business, | service‐disabled | veteran‐ | ||||||
| owned | small | business, | HUBZone | small | business, | small | disadvantaged | business, | and | women‐owned | small | |||||||
| business | concerns | as | subcontractors. | For | individual | subcontracting | plans, | and | if | required | by | the | Contracting | |||||
| Officer, | goals | shall | also | be | expressed | in | terms | of | percentage | of | total | contract | dollars, | in | addition | to | the | goals |
| expressed | as | a | percentage | of | total | subcontract | dollars. | The | Offeror | shall | include | all | subcontracts | that | ||||
| contribute | to | contract | performance, | and | may | include | a | proportionate | share | of | products | and | services | that | are | |||
| normally | allocated | as | indirect | costs. | In | accordance | with | 43 | U.S.C. | 1626‐‐ | ||||||||
| (i) | Subcontracts | awarded | to | an | ANC | or | Indian | tribe | shall | be | counted | towards | the | subcontracting | goals | for | ||
| small | business | and | small | disadvantaged | business | concerns, | regardless | of | the | size | or | Small | Business | |||||
| Administration | certification | status | of | the | ANC | or | Indian | tribe; | and | |||||||||
| (ii) | Where | one | or | more | subcontractors | are | in | the | subcontract | tier | between | the | prime | Contractor | and | the | ANC | |
| or | Indian | tribe, | the | ANC | or | Indian | tribe | shall | designate | the | appropriate | Contractor(s) | to | count | the | subcontract | ||
| towards | its | small | business | and | small | disadvantaged | business | subcontracting | goals. |
| (A) | In | most | cases, | the | appropriate | Contractor | is | the | Contractor | that | awarded | the | subcontract | to | the | |||
| ANC | or | Indian | tribe. | |||||||||||||||
| (B) | If | the | ANC | or | Indian | tribe | designates | more | than | one | Contractor | to | count | the | subcontract | toward | ||
| its | goals, | the | ANC | or | Indian | tribe | shall | designate | only | a | portion | of | the | total | subcontract | award | to | each |
| Contractor. | The | sum | of | the | amounts | designated | to | various | Contractors | cannot | exceed | the | total | value | ||||
| of | the | subcontract. | ||||||||||||||||
| (C) | The | ANC | or | Indian | tribe | shall | give | a | copy | of | the | written | designation | to | the | Contracting | Officer, | the |
| prime | Contractor, | and | the | subcontractors | in | between | the | prime | Contractor | and | the | ANC | or | Indian | ||||
| tribe | within | 30 | days | of | the | date | of | the | subcontract | award. | ||||||||
| (D) | If | the | Contracting | Officer | does | not | receive | a | copy | of | the | ANC’s | or | the | Indian | tribe’s | written | |
| designation | within | 30 | days | of | the | subcontract | award, | the | Contractor | that | awarded | the | subcontract | to | ||||
| the | ANC | or | Indian | tribe | will | be | considered | the | designated | Contractor. |
| (2) | A | statement | of— | ||||||||||||||
| (i) | Total | dollars | planned | to | be | subcontracted | for | an | individual | subcontracting | plan; | or | the | Offeror’s | total | ||
| projected | sales, | expressed | in | dollars, | and | the | total | value | of | projected | subcontracts | to | support | the | sales | for | a |
| commercial | plan; | ||||||||||||||||
| (ii) | Total | dollars | planned | to | be | subcontracted | to | small | business | concerns | (including | ANC | and | Indian | tribes); | ||
| (iii) | Total | dollars | planned | to | be | subcontracted | to | veteran‐owned | small | business | concerns; | ||||||
| (iv) | Total | dollars | planned | to | be | subcontracted | to | service‐disabled | veteran‐owned | small | business; | ||||||
| (v) | Total | dollars | planned | to | be | subcontracted | to | HUBZone | small | business | concerns; | ||||||
| (vi) | Total | dollars | planned | to | be | subcontracted | to | small | disadvantaged | business | concerns | (including | ANCs | and | |||
| Indian | tribes); | and | |||||||||||||||
| (vii) | Total | dollars | planned | to | be | subcontracted | to | women‐owned | small | business | concerns. | ||||||
| (3) | A | description | of | the | principal | types | of | supplies | and | services | to | be | subcontracted, | and | an | identification | of |
| the | types | planned | for | subcontracting | to | ‐‐ | |||||||||||
| (i) | Small | business | concerns, | ||||||||||||||
| (ii) | Veteran‐owned | small | business | concerns; | |||||||||||||
| (iii) | Service‐disabled | veteran‐owned | small | business | concerns; | ||||||||||||
| (iv) | HUBZone | small | business | concerns; | |||||||||||||
| (v) | Small | disadvantaged | business | concerns, | and | ||||||||||||
| (vi) | Women‐owned | small | business | concerns. | |||||||||||||
| (4) | A | description | of | the | method | used | to | develop | the | subcontracting | goals | in | paragraph | (d)(1) | of | this | clause. |
| (5) | A | description | of | the | method | used | to | identify | potential | sources | for | solicitation | purposes | (e.g., | existing | ||
| company | source | lists, | the | System | for | Award | Management | (SAM), | veterans | service | organizations, | the | National | ||||
| Minority | Purchasing | Council | Vendor | Information | Service, | the | Research | and | Information | Division | of | the | |||||
| Minority | Business | Development | Agency | in | the | Department | of | Commerce, | or | small, | HUBZone, | small | |||||
| disadvantaged, | and | women‐owned | small | business | trade | associations). | A | firm | may | rely | on | the | information | ||||
| contained | in | SAM | as | an | accurate | representation | of | a | concern's | size | and | ownership | characteristics | for | the | ||
| purposes | of | maintaining | a | small, | veteran‐owned | small, | service‐disabled | veteran‐owned | small, | HUBZone | |||||||
| small, | small | disadvantaged, | and | women‐owned | small | business | source | list. | Use | of | SAM | as | its | source | list | does | |
| not | relieve | a | firm | of | its | responsibilities | (e.g., | outreach, | assistance, | counseling, | or | publicizing | subcontracting | ||||
| opportunities) | in | this | clause. | ||||||||||||||
| (6) | A | statement | as | to | whether | or | not | the | offeror | included | indirect | costs | in | establishing | subcontracting | goals, | |
| and | a | description | of | the | method | used | to | determine | the | proportionate | share | of | indirect | costs | to | be | incurred |
with—
| (i) | Small | business | concerns | (including | ANC | and | Indian | tribes); | ||||||||
| (ii) | Veteran‐owned | small | business | concerns; | ||||||||||||
| (iii) | Service‐disabled | veteran‐owned | small | business | concerns; | |||||||||||
| (iv) | HUBZone | small | business | concerns; | ||||||||||||
| (v) | Small | disadvantaged | business | concerns | (including | ANC | and | Indian | tribes); | and | ||||||
| (vi) | Women‐owned | small | business | concerns. | ||||||||||||
| (7) | The | name | of | the | individual | employed | by | the | offeror | who | will | administer | the | offeror’s | subcontracting | |
| program, | and | a | description | of | the | duties | of | the | individual. | |||||||
| (8) | A | description | of | the | efforts | the | offeror | will | make | to | assure | that | small | business, | veteran‐owned | small |
| business, | service‐disabled | veteran‐owned | small | business, | HUBZone | small | business, | small | disadvantaged | |||||||
| business, | and | women‐owned | small | business | concerns | have | an | equitable | opportunity | to | compete | for |
subcontracts.
| (9) | Assurances | that | the | offeror | will | include | the | clause | of | this | contract | entitled | “Utilization | of | Small | Business |
| Concerns” | in | all | subcontracts | that | offer | further | subcontracting | opportunities, | and | that | the | offeror | will | require |
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it.