SOW_MOD_2.pdf

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

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U.S. Department of State

Bureau of International Narcotics and Law Enforcement Affairs (INL)

Request for Quote (RFQ)

MODIFICATION 2 – 2/6/2018

INL/Tegucigalpa, Honduras 18 Pickup Trucks (Brand Name or Equal)

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

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LIST OF SECTIONS

Section 1 – Submission and RFQ Information

Section 2 – Statement of Work

Section 3 – Evaluation Instructions and Criteria

Section 4 – Delivery Terms

Section 5 – Contract Clauses

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SECTION 1

SUBMISSION AND RFQ INFORMATION

1.1 INFORMATION TO CONTRACTOR

Contractors are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information must be clearly marked.

Marking of items will not necessarily preclude disclosure when Department of State (DOS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed releasable.

1.2 QUESTIONS CONCERNING THE REQUEST FOR QUOTE

Offerors are warned against contacting any INL personnel other than the Contract Specialist prior to award of the Contract resulting from this RFQ. If contact occurs and is found to be prejudicial to competing vendors, the vendor making contact may be excluded from award consideration. Answers to inquiries/questions, if given, shall be provided in writing to all vendors being solicited via FedBid. No information concerning this RFQ shall be provided in response to telephone calls.

1.3 NOTICE OF RFQ CLOSING DATE AND TIME

All offers shall be submitted to the designated Government Representative(s) via FedBid NLT 11:00

A.M. (local Washington D.C. time) on 14 February 2018.

Name: Jeffrey Lloyd

Title: Contract Support Specialist

E-mail: LloydJD@state.gov

1.4 CONTRACTOR RELATIONSHIPS

The Department of State (DOS) encourages the use of subcontractors. In addition, the Department requires that any potential Organization Conflict of Interest be identified in the proposal to ensure proper firewalls established prior to award.

1.5 MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals offering alternative solutions. Contractors shall not submit, nor shall the Government accept or evaluate, multiple solutions within one proposal.

1.6 PERIOD OF ACCEPTANCE OF OFFERS

Contractors shall agree, if the proposal is accepted within ninety (90) calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of proposals, to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified.

1.7 QUOTATION SUBMISSION FORMAT

1.7.1 Format for Technical and Cost/Price Quotation

Proposals shall be organized in the following files:

Volume I – Technical Proposal o Part A: Product Details o Part B: Past Performance

Volume II – Cost/Price o Submitted via FedBid

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1.8 DETAILED SUBMISSION REQUIREMENTS

Vendors shall limit the total number of pages to no more than fifteen (15), 12 Point Font, Times New Roman in either Microsoft Office 2007 or later or Adobe PDF format. All quotes shall include the following:

DESCRIPTION: Description/nomenclature of the items being quoted; product literature may be provided. Quotation must demonstrate compliance with all required features and include description of warranty terms. Operations manuals must be provided in English and Spanish.

Vehicles should comply with all Federal Motor Vehicle Safety Standards (FMVSS) and Federal regulations applicable. Chassis and components should be represented in the manufacturer’s current technical data. Materials used should be new and not less than the quality conforming to current engineering and manufacturing practices. Product images are required.

PAST PERFORMANCE: A list of contracts within the last two (2) years for the provision of comparable requirements to federal or commercial customers. The list shall include contact information (name, organization, email, and phone) and limited to no more than five (5) references.

PRICE: Unit and extended prices, inclusive of delivery/warranty/maintenance charges.

DELIVERY DATE: Proposed delivery date(s) and method of delivery.

DUNS NUMBER: DUNS number and statement or proof that the offeror is registered in

SAM.gov.

CERTIFICATIONS: Completed certifications (FAR 52.212-3) or statement that the certifications are included already at the ORCA web site (https://orca.bpn.gov/).

Vendor shall be limited to no more than three (3) separate digital files for a proposal package uploaded to FedBid.

Should a warranty be required, a complete description of all warranty terms and conditions must be included in the proposal. For more information on minimum warranty specifications, see: Technical

Specifications.

Proposals that include only the information found in the solicitation (e.g., copied/pasted) will not be considered a complete proposal. Vendor submissions must include a detailed description of the items that will be provided. This information may include, but is not limited to, part or manufacturer numbers, brand names (if applicable), line drawings, or photographs.

1.9 EVALUATION FACTOR/BASIS FOR AWARD

The Government will award a contract resulting from this solicitation to the responsible vendor providing the Lowest Priced Technically Acceptable (LPTA) quote determined to meet the minimum requirements described in the SOW. For further information reference Section 3.

1.10 TYPE OF CONTRACT

This is a firm-fixed price, single award contract with optional quantities. Items outlined under Section 2

Statement of Work, Equipment List shall be brand name or equal of the purchase request. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor’s failure to properly estimate or accurately predict these prices or difficulty of achieving the results required by this contract, nor will the contract price be adjusted on account of fluctuations in the currency exchange rates.

The Contractor shall provide to the U.S. Government the new products as described in the specifications for the stated firm fixed price. Further, the Contractor shall properly perform the pre-delivery inspection on the products and deliver them to the location set forth under Place of Delivery of this contract. The https://orca.bpn.gov/

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

- 5 -firm fixed price shall include the products’ pre-delivery inspection, certificates of origin, operator’s manuals, warranty certificates and any other documentation mandated by Honduras.

*Awards are subject to the availability of funding.

1.11 SET-ASIDE

This acquisition is 100% small business set-aside.

1.12 NAICS CODE

The NAICS Code for this requirement shall be 336111 - Automobile Manufacturing with a size standard of 1,500 employees.

1.13 ACQUISITION METHOD

FAR Part 13 Subpart 13.5 – Simplified Procedures for Certain Commercial Items.

1.14 EFFECTIVE PERIOD OF CONTRACT

This contract shall be effective on the date of the Contracting Officer's signature and shall remain valid until all commodities are received, inspected and installed at final destination INL/Tegucigalpa, Honduras.

1.15 CONTRACTING OFFICE ADDRESS

Amy Kara

Contracting Officer

U.S. Department of State

Bureau of International Narcotics and Law Enforcement Affairs

Grants, Acquisitions, and Procurement Policy (INL/RM/GAPP)

Columbia Plaza-2401 E ST NW, Washington, DC 20037

Phone: 202-736-9130

(Rest of Page Intentionally Left Blank)

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

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SECTION 2

STATEMENT OF WORK (SOW)

2.1 BACKGROUND

The US Department of State’s (DOS) Bureau of International Narcotics and Law Enforcement Affairs

(INL), has program authority derived from the Foreign Assistance Act of 1961. The International

Narcotics and Law Enforcement Section (INL-H) of the US Embassy Tegucigalpa, Honduras, is responsible for providing assistance to host governments to develop and implement effective counter narcotics, anticrime, and border control programs. INL-H works closely with US law enforcement agencies to ensure that Honduras has the training and the tools needed to combat illicit drug traffic and transnational organized crime. Strengthening the Honduran Government’s ability to extend its authority throughout Honduras is an INL-Honduras priority. The TIGRES (Honduran National Police Inter-Agency

Special Security Response Unit) Program plays a key role in attacking the sources of insecurity in

Honduras, in both urban and in the remote rural areas. The TIGRES are the “force of choice” for the

Government of Honduras (GOH) and USG authorities seeking to capture High Value Targets, such as narcotrafficking and criminal organization leadership.

2.2 SCOPE OF WORK

INL Honduras requires the purchase of eighteen (18) 4x4, double cabin, diesel, Pickup Trucks. Vehicles will be used by the Honduran National Police (HNP) TIGRES Unit in order to have adequate transportation to rapidly respond to counter-narcotics operations and missions throughout Honduras. The unit is required to travel to remote areas where the roads and terrain are rough. The vehicles must be inconspicuous in order to avoid calling attention to the ongoing operation. The vehicles must also be able to be maintained commercially by trained mechanics within Honduras with spare parts locally available at reasonable costs and that can be covered by the local dealer warranty.

2.3 REQUIREMENTS AND TECHNICAL SPECIFICATIONS

a. The Contractor shall provide eighteen (18) 4x4, double cabin, diesel, pickup trucks brand name or equal to the 2017 Toyota Hilux.

b. The Contractor shall ensure that all vehicles are new, model year 2017 or later.

c. The Contractor shall ensure that the vehicle, chassis, modular body, equipment, devices, accessories, and electronic equipment on all vehicles be standard commercial products with no modifications that exceed the requirements of this specification.

d. The Contractor shall ensure the performance package for all vehicles meets or exceed the standard performance package of the 2017 Toyota Hilux.

e. The Contractor shall ensure the equipment package for all vehicles meet or exceed the standard basic equipment package of the 2017 Toyota Hilux.

f. The Contractor shall ensure the interior and exterior package for all vehicles meet or exceed the standard interior and exterior package of the 2017 Toyota Hilux.

g. Contractor shall ensure the security package for all vehicles meet or exceed the standard security package of the 2017 Toyota Hilux.

h. The Contractor shall ensure the materials used in the construction of all vehicles will be new and not less than the quality conforming to current engineering and manufacturing practices.

i. The Contractor shall ensure the materials used in the construction of all vehicles will be free of defects and suitable for the intended use.

j. The Contractor shall ensure that all vehicles are equipped with corresponding Operator’s

Manual in English and Spanish.

k. The Contractor shall ensure that the warranty, shipping and delivery for all vehicles be in accordance with the specifications, requirements, and timeframe as stipulated herein.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

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l. All vehicle maintenance as recommended by the manufacture shall be done in Honduras.

m. The Contractor shall procure all vehicles in Honduras, and will provide delivery and set up to locations within Honduras.

2.3.1 CLIN 001: PICKUP TRUCK – 2017 TOYOTA HILUX (BRAND NAME OR EQUAL)

QUANTITY: 18 EA (each)

SPECS:

ITEM MINIMUM REQUIREMENTS

MAKE, MODEL

AND YEAR

Toyota Hilux (Brand Name or Equal)

4x4

Double Cabin

Diesel

Pickup Truck

Year: 2017

ENGINE (1kd-ftv)/(3000 Cylinders)/ Diesel 161 hp/ 3400 RPM or equal

DRIVE Power Steering

VEHICLE TYPE Pickup Truck, 4x4, 4-door, seating for 4-6 persons

TRANSMISSION 5 speed Automatic transmission or equal

FUEL TYPE Diesel

FUEL CAPACITY _20-22_ gallons or more

EXTERIOR Electrical four passenger door windows, headlamps, anti-fog halogens, 265/65R17 all terrain wheels, rearview mirrors with retractable function, mud flaps in all wheels, back and front bumper.

INTERIOR Air conditioner front and rear, auxiliary lighting, powered front and rear windows, power mirrors, automatic door lock, driver and front passenger visor, cruise control, cup holders , defogger (front-side windows), cloth interior.

SUSPENSION Front: Double front suspension fork, shock and spring

Rear: Rear leaf spring suspension

SAFETY

ACCESORIES

Airbags on front for driver and passenger, door beams

BRAKES 4 Wheels antilock, 4 Wheel disc/Transmission shift interlock

TIRES 265/65R17 All terrain, aluminum wheels, 1 spare or equal

TECHNOLOGY Rear Camera

COLOR Metallic Silver or Metallic Gray

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2.3.2 CLIN 002: WARRANTY (MEET OR EXCEED)

QUANTITY: 18 EA (each)

SPECS:

ITEM MINIMUM REQUIREMENTS

WARRANTY

Service covers up to 100,000 km or 3 years (whichever comes first).

Coverage of motor parts, transmission, differential parts. Coverage for manufacturer defects not due to accidents.

2.3.3 CLIN 003: DELIVERY (MEET OR EXCEED)

QUANTITY: 1 LOT

SPECS: Reference “SECTION 4 – DELIVERY TERMS”

2.4 BRAND NAME OR EQUAL

This requirement is Brand Name or Equal. The items listed in the RFQ and affiliated appendices are intended to be descriptive, but not restrictive, and are to indicate the quality and characteristics of products that will be satisfactory. Bids offering “equal” products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

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SECTION 3

EVALUATION INSTRUCTIONS AND CRITERIA

3.1 EVALUATION CRITERIA

The Government will award a contract resulting from this solicitation to the responsible vendor providing the Lowest Priced Technically Acceptable (LPTA) quote determined to meet the minimum requirements described in the SOW. In addition, there are other considerations that may be taken into account:

1. The Government reserves the right to reject a quotation that is technically unacceptable or unreasonably high in price.

2. The Government will determine acceptability by assessing the offeror’s compliance with the terms of the Request for Quotation (RFQ).

3. The offerors must be able to demonstrate that it has the necessary resources to provide on-time delivery at a high level of quality.

4. The offerors shall be registered to do business in the host country or to partner with a host country registered business, this is required in order to provide maintenance, repairs and spare parts since this type of equipment involves security and safety.

5. The offerors must have a valid international warranty on the products offered so the sales representative may be able to claim this warranty and coordinate possible replacement to the end user without incurring in additional expenses.

3.2 TECHNICALLY ACCEPTABLE/UNACCEPTABLE

3.3 ADDITIONAL INFORMATION AND REQUIREMENTS:

In order to receive an award, vendors must be registered in the System for Award Management

(sam.gov). All responsible vendors that submit quotations pursuant to the requirements outlined in this document shall be considered by INL.

The Seller confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements.

Acceptable

Demonstrates understanding of requirements as outlined in the Request for

Quote; meets or exceed the specifications outlined on this solicitation; may have strengths; have no significant weaknesses and no deficiencies; and demonstrates good understanding of requirement.

Unacceptable

Demonstrates a lack of understanding of the requirements set for in the

Solicitation; fails to meet the specifications outlined on this solicitation; has major weakness or deficiencies, which cannot be corrected without major changes to the quote.

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Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offerors that will supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been substantially transformed, in that country into a new and different article of commerce with a name, character, or use distinct from that of the original article(s).

The vendor and its employees shall exercise the utmost discretion concerning all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract, which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the U.S Government.

Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The vendor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

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SECTION 4

DELIVERY TERMS

4.1 SHIPPING – FOB DESTINATION

The contractor shall consolidate the entire shipment to prevent loss and misdirection. Any lost or damaged items during shipment shall be replaced by the contractor upon notification.

The items being acquired will be donated to the government of the ultimate destination INL-Tegucigalpa, Honduras. The contractor shall ensure that all items are prepared for safe shipment and include all necessary export approvals, required material data safety sheet, licenses, and paperwork. One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one box/carton/package, or individually attached to the outside of each box/carton/package.

*Effective May 30, 2013, the Department's Dispatch Agency Consolidated Receiving Points (CRPs) will no longer be able to accept cargo that has a shipping label on the outside of the package that fails to identify the destination post. Unidentified Supply Shipments will be refused by Dispatch Agency and returned at contractor’s expense.

Include a copy of the packing list with original invoice to the Contracting Officer that will provide advance information for Customs clearance purposes. Partial shipments are not allowed.

4.2 DELIVERY SCHEDULE AND INVOICING

All products shall be delivered within 60 days of award of this requirement. If the Government does not receive the products, within this timeframe, the vendor shall include a 10% discount on the final invoice.

4.3 FINAL DELIVERY ADDRESS

All products shall be delivered to:

US EMBASSY TEGUCIGALPA,

AVENIDA LA PAZ

TEGUCIGALPA, HONDURAS

POC: INL Victoria Mendoza

PHONE NUMBER: +504 2236-9320, x 4221

CELLPHONE NUMBER: +504 9457-3738

EMAIL: Mendozava1@state.gov

PLEASE NOTE: All orders are ultimately intended for an overseas destination. If the shipment will involve wood packaging material, then the packing and palletizing must conform to the standards in the

International Standards for Phytosanitary Measures Publication No. 15: “Guidelines for Regulating Wood

Packaging Material in International Trade” (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards will be rejected and must be corrected at the contractor’s expense.

4.4 PACKING AND MARKING

If applicable, each box, container, carton, and package shall be marked as follows:

US EMBASSY TEGUCIGALPA, HONDURAS, POC: INL Victoria Mendoza mailto:Mendozava1@state.gov

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AVENIDA LA PAZ, TEGUCIGALPA, HONDURAS

Purchase Order No. (to be determined upon award)

Box #__ of __

Improperly marked shipments may be rejected by the Government

4.5 INSPECTIONS AND ACCEPTANCE

The shipping and receiving personnel at the each location will inspect items to verify the correct type of item is received in good working condition. The contractor is required to replace any defective items at no additional cost to the Government.

4.6 EXPORT LICENSE

The contractor shall comply with Sections 38-40 of the Arms Export Control Act (AECA) (22 U.S.C.

2778 2780) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130) as required, for the prosecution of work under this contract at no additional cost to the Government. Failure to be in compliance with AECA and ITAR by date planned for commencement of contract performance as well as during the entire performance of work under this contract may result in contract termination.

Any penalties rendered to the contractor, as a direct result of being found non-compliance with AECA and ITAR, will be the responsibility of the contractor. For additional information on AECA and ITAR, see http://www.pmddtc.state.gov/.

4.7 SOLICITATION CONSIDERATIONS

This is a brand name or equal to procurement, Seller certifies that it is an authorized distributer of the similar product being sold to the Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, Seller warrants that the products are new and in their original box(es).

In addition to providing pricing for this solicitation, each Offeror must provide any required, NON-

PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation. Submissions can be sent via the

FedBid Portal.

This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines. Information can be found at www.sam.gov.

All Quotes must be valid for 90 days from the closing date for this solicitation. No exceptions or qualifications. New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. Components of the requested equipment, to include memory, must be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment. All items must be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel. Sellers must be able to document their ability to provide items through manufacturer approved distribution channels upon request.

The Seller confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements. If software is http://www.sam.gov/

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

- 13 -provided or included, Seller shall, upon request, provide Buyer with a copy of the End User License

Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software.

No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of award.

Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offerors that will supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been, substantially transformed, in that country into a new and different article of commerce with a name, character, or use distinct from that of the original article(s).

Note that any item that is a discreet article as it is sold in commerce, regardless of its ultimate function or use, cannot be considered, substantially transformed, based solely on its integration into IT or other systems.

The contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

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SECTION 5

CONTRACT CLAUSES

Clauses Incorporated by Reference

52.203-3 --Gratuities (Apr 1984)

52.203-17 --Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights (Apr 2014)

52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

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

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

52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015)

52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

652.225-71-- Section 8(a) of the Export Administration Act of 1979, as Amended (AUG 1999)

652.229-70 -- Excise Tax Exemption Statement for Contractors Within the United States (JUL 1988)

652.232-70 -- Payment Schedule and Invoice Submission (Fixed-Price) (AUG 1999)

652.242-73 – Authorization and Performance

652.243-70 -- Notices

652.247-70 – Notice of Shipments

652.247-71-- Shipping instructions (FEB 2015)

Provisions Incorporated by Reference

52.204-7 -- System for Award Management (Jul 2013)

52.204-16 -- Commercial and Government Entity Code Reporting (Jul 2015)

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

52.211-6 -- Brand Name or Equal (Aug 1999)

52.212-1 -- Instructions to Offerors -- Commercial Items (Oct 2015)

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2015)

Clauses Incorporated by Full Text

52.212-5 --Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (Feb 2016)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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.]

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

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X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (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 2015) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(Pub. L. 111-117, section 743 of Div. C).

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 (Jul 2013)

(41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business 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.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

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X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

X (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

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

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

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

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

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

X (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (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 (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

- 17 -

___ (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) (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.

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

13514).

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

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

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

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

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

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

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and

112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

- 18 -

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

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

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

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

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

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013)

(31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management

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

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

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

X (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

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

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

U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

X, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

- 19 -

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

1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

- 20 -

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

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

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

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

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

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

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

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

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

(End of Clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

- 21 -

Alternate II (Oct 2015). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and

(e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

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

Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the

Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

(Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219–8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

(H) 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.

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

(J) X (1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

___ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

- 22 -

(K) 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).

(L) 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).

(M) 52.222–54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

(N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E. O. 13658).

(O) 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.

(P) 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.

52.217-6 Option for Increased Quantity. (Mar 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within

[insert in the clause the period of time in which the Contracting Officer has to exercise the option].

Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer shall make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

(End of Clause)

Provisions Incorporated by Full Text

52.217-5 Evaluation of Options. (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.219-1 -- Small Business Program Representations…