First_Aid_Kits_Solicitation.docx
DOCX document 103 KB Posted
- Attached to
- First Aid Kits Federal contract opportunity
- Solicitation number
- M0026319Q1001
- Issued by
- United States Marine Corps
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| M00263-19-Q-1001_Amendment_0003_First_Aid_Kits.docx | DOCX document | |
| RFQ_M00263-19-Q-1001__First_Aid_Kits_Questions_and_Answers.docx | DOCX document | |
| Amendment_II_Extending_Closing_date.docx | DOCX document | |
| Amendment_M00263219Q100110001_Question_and_Answers_Medical_Kits.docx | DOCX document |
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M0026319Q1001
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 6,116 |
| Each |
First Aid Kits
FFP
First Aid Kits (Small Trauma Kits) (Please see SOW) NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
PURCHASE REQUEST NUMBER: M9549219SU00403
PSC CD: 6515
ESTIMATED
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
C.1.0 Background
The Marine Corps Recruiting Command has a requirement for a small trauma kit. The purpose of the small trauma kit is to provide ready-to-use medical kits designed to treat life-threatening injuries during critical times. These kits are designed for use in an active shooter event, bombing, natural disaster, or other mass casualty incidents. This is a commercial item that may require modifications of a type customarily available in the commercial marketplace, or minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements.
C.2.0 Scope
The scope of this requirement is to provide small medical trauma kits. The requirement includes one kit to be stored in each government owned or leased vehicle throughout MCRC. Delivery of the medical kits will be to forty eight (48) Recruiting Stations (RS), six District Headquarters (6), and the MCRC headquarters. The Contractor shall provide all materials, equipment, personnel, and facilities necessary to provide trauma kits which meet or exceed specifications outlined below.
C.3.0 Point of Contacts
C.3.1 Government Point of Contact for deliveries:
To be provided at the time of Delivery Order Award
C.3.2 Government Point of Contact for contractual matters:
Primary POC
Ms. Dorothy Patrick dorothy.patrick.@usmc.mil
843.228.3813 Office
Secondary POC
Mr. Kacy M. Mohead Kacy.m.mohead@usmc.mil 843-228-2188 Office
C.3.3 Contractor Point of Contact: The Contractor shall establish a single management point of contact to accomplish the administrative, managerial, and financial aspects of this requirements contract, and to serve as the primary interface with the Government POC and the Contracting Office.
C.4.0 Place of Performance
The place of performance will be at the contractor’s facility.
C.5.0 Requirement
C.5.1 Quantities. Provided in the table below are the estimated quantities (Qty) that will be required to be delivered to each MCD, RS, and MCRC by year.
| District HQ / RS HQ |
| Address |
| Qty |
Year 1 Qty Year 2 Qty Year 3 Qty Year 4 Qty Year 5
| 1st District HQ |
| 605 Stewart Ave., Garden City, NY 11530 |
Contact Information for 1st District Deliveries:
| 14 |
| 5 |
| 5 |
| 5 |
| 14 |
| RS Albany |
| 1 Buffington St., Watervliet Arsenal, Watervliet, NY 12189 |
| 65 |
| 0 |
| 0 |
| 0 |
| 65 |
| RS Portsmouth |
| 755 Banfield Rd, Suite 2, Portsmouth, NH 03801 |
| 66 |
| 0 |
| 0 |
| 0 |
| 66 |
| RS New York |
| 605 Stewart Ave, Garden City, NY 11530 |
| 67 |
| 0 |
| 0 |
| 0 |
| 67 |
| RS Pittsburgh |
| 1000 Liberty Ave, Rm 1816, S. Moorhead Federal Bldg.; Pittsburgh, PA 15222 |
| 66 |
| 0 |
| 0 |
| 0 |
| 66 |
| RS Springfield |
| Westover Air Reserve Base, 700 Eagle Dr, Bldg. 3103 Suite 143, Chicopee, MA 01022 |
| 65 |
| 0 |
| 0 |
| 0 |
| 65 |
| RS Harrisburg |
| Building 54, Bay 5, DDC, New Cumberland, PA 17070 |
| 65 |
| 0 |
| 0 |
| 0 |
| 65 |
| RS New Jersey |
| Naval Weapons Station Earle, 201 Hwy 34 South, Bldg. C-38, Colt Neck, NJ 07722 |
| 66 |
| 0 |
| 0 |
| 0 |
| 66 |
| RS Baltimore |
| 1334 Ashton Rd, Hanover, MD 21076 |
| 66 |
| 0 |
| 0 |
| 0 |
| 66 |
Totals for 1st District
| 540 |
| 5 |
| 5 |
| 5 |
| 540 |
| 4th District HQ |
| DDC, Bldg. 54, Suite 3, New Cumberland, PA 17070 |
Contact Information for 4th District Deliveries:
| 16 |
| 5 |
| 5 |
| 5 |
| 15 |
| RS Cleveland |
| 7261 Engle Rd, Ste 110, Middleburg Heights, OH 44130 |
| 70 |
| 0 |
| 0 |
| 0 |
| 70 |
| RS Columbus |
| 200 North High Street |
Columbus, OH 43215
| 70 |
| 0 |
| 0 |
| 0 |
| 70 |
| RS Lansing |
| 315 W. Allegan St, Suite 102 |
Lansing, MI 48933
| 70 |
| 0 |
| 0 |
| 0 |
| 70 |
| RS Frederick |
| 5112 Pegasus Ct, Ste B, Frederick, MD 21704 |
| 71 |
| 0 |
| 0 |
| 0 |
| 71 |
| RS Louisville |
| 600 Martin Luther King Place, Rm 221, Louisville, KY 40202 |
| 70 |
| 0 |
| 0 |
| 0 |
| 70 |
| RS Nashville |
| 2519 Perimeter Place Dr, Nashville, TN 37214 |
| 70 |
| 0 |
| 0 |
| 0 |
| 70 |
| RS Raleigh |
| 5000 Falls of Neuse Rd, Ste 404, Raleigh, NC 27609 |
| 70 |
| 0 |
| 0 |
| 0 |
| 70 |
| RS Richmond |
| 9210 Arboretum Pkwy, Ste 220, Richmond, VA 23236 |
| 70 |
| 0 |
| 0 |
| 0 |
| 70 |
Totals for 4th District
| 577 |
| 5 |
| 5 |
| 5 |
| 576 |
| 6th District HQ |
| Building 903, Parris Island SC 29905 (Mexico Street) |
Contact Information for all 6th District Deliveries:
| 15 |
| 5 |
| 5 |
| 5 |
| 15 |
| RS Atlanta |
| 4855 Peachtree Industrial Blvd Ste 225, Norcross, GA 30092 |
| 86 |
| 0 |
| 0 |
| 0 |
| 86 |
| RS Montgomery |
| 2350 Fairlane Dr Ste 120, Montgomery, AL 36116 |
| 86 |
| 0 |
| 0 |
| 0 |
| 86 |
| RS Charlotte |
| 8702 RED OAK BLVD |
SUITE G
CHARLOTTE, NC 28217
| 86 |
| 0 |
| 0 |
| 0 |
| 86 |
| RS Baton Rouge |
| 5555 Hilton Ave, Ste 103, Baton Rouge, LA 70808 |
| 86 |
| 0 |
| 0 |
| 0 |
| 86 |
| RS Columbia |
| 9600 Two Notch Rd, Ste 17, Columbia, SC 29223 |
| 86 |
| 0 |
| 0 |
| 0 |
| 86 |
| RS Jacksonville |
| 3728 Phillips Hwy, Ste 229, Jacksonville, FL 32207 |
| 86 |
| 0 |
| 0 |
| 0 |
| 86 |
| RS Tampa |
| 3923 COCONUT PALM DRIVE |
TAMPA, FL 33619
| 86 |
| 0 |
| 0 |
| 0 |
| 86 |
| RS Ft. Lauderdale |
| 7820 Peters Rd. Bldg. E., Ste E-109, Plantation, FL 33324 |
| 86 |
| 0 |
| 0 |
| 0 |
| 86 |
Totals for 6th District
| 703 |
| 5 |
| 5 |
| 5 |
| 703 |
| 8th District HQ |
| 1513 Desert Storm Rd, Rm 303 Fort Worth, TX 76127 |
Contact Information for all 8th District Deliveries:
| 0 |
| 0 |
| 0 |
| 0 |
| 16 |
| RS Albuquerque |
| 5338 Montgomery Blvd NE, Ste 300, Albuquerque, NM 87109 |
| 0 |
| 0 |
| 0 |
| 0 |
| 72 |
| RS Dallas |
| 1331 N Plano Rd, Richardson, TX 75081 |
| 0 |
| 0 |
| 0 |
| 0 |
| 73 |
| RS Denver |
| 621 17th St Ste 300 Denver, CO 80203 |
| 0 |
| 0 |
| 0 |
| 0 |
| 73 |
| RS Fort Worth |
| 3313 W. Pioneer Pkwy, Ste 500 Pantego, TX 76013 |
| 0 |
| 0 |
| 0 |
| 0 |
| 72 |
| RS Houston |
| 701 San Jacinto St, Rm 230, Houston, TX 77002 |
| 0 |
| 0 |
| 0 |
| 0 |
| 72 |
| RS Salt Lake City |
| 309 W. 2880 S |
Salt Lake City, UT 84115
| 0 |
| 0 |
| 0 |
| 0 |
| 73 |
| RS Phoenix |
| 1 North First St, Ste 302, Phoenix, AZ 85004 |
| 0 |
| 0 |
| 0 |
| 0 |
| 73 |
| RS San Antonio |
| 8700 Tesoro Drive, Ste 275, San Antonio, TX 78217 |
| 0 |
| 0 |
| 0 |
| 0 |
| 72 |
Totals for 8th District
| 0 |
| 0 |
| 0 |
| 0 |
| 596 |
| 9th District HQ |
| 2223 Luce Blvd, Bldg 523, Great Lakes, IL 60088 |
Contact Information for all 9th District Deliveries:
| 10 |
| 5 |
| 5 |
| 5 |
| 10 |
| RS Chicago |
| 2400 East Devon Ave, Suite 355, Des Plaines, IL 60018 |
| 30 |
| 0 |
| 0 |
| 0 |
| 30 |
| RS Oklahoma City |
| 301 N. W. 6TH STREET |
SUITE 211
OKLAHOMA CITY, OK 73102
| 30 |
| 0 |
| 0 |
| 0 |
| 30 |
| RS Kansas City |
| 10302 NW Prairie View Rd, Kansas City, MO 64153 |
| 30 |
| 0 |
| 0 |
| 0 |
| 30 |
| RS Des Moines |
| Camp Dodge Bldg S-72, 7105 NW 70th Ave, Johnston, IA 50131 |
| 30 |
| 0 |
| 0 |
| 0 |
| 30 |
| RS Indianapolis |
| 9152 Ken Ave, Bldg 401 Indianapolis, IN 46216 |
| 30 |
| 0 |
| 0 |
| 0 |
| 30 |
| RS Milwaukee |
| 11050 West Liberty Drive, Suite 110, Milwaukee, WI 53224 |
| 30 |
| 0 |
| 0 |
| 0 |
| 30 |
| RS St. Louis |
| 1222 Spruce St, Suite 10.311, St. Louis, MO 63103 |
| 30 |
| 0 |
| 0 |
| 0 |
| 30 |
| RS Twin Cities |
| 1 Federal Drive, Suite G473, Fort Snelling, MN 55118 |
| 30 |
| 0 |
| 0 |
| 0 |
| 30 |
Totals for 9th District
| 250 |
| 5 |
| 5 |
| 5 |
| 250 |
| 12th District HQ |
| 3704 Hocuth Ave, Bldg 8, San Diego, CA 92140 |
Contact Information for all 12th District Deliveries:
| 15 |
| 5 |
| 5 |
| 5 |
| 15 |
| RS San Diego |
| 16644 West Bernardo Dr, Ste 440, San Diego, CA 92127 |
| 79 |
| 0 |
| 0 |
| 0 |
| 79 |
| RS Orange |
| 1921 E. Alton Ave, Ste 150, Santa Ana, CA 92075 |
| 79 |
| 0 |
| 0 |
| 0 |
| 79 |
| RS Los Angeles |
| 6230 Van Nuys Blvd, Ste 3005, Van Nuys, CA 91401 |
| 79 |
| 0 |
| 0 |
| 0 |
| 79 |
| RS Sacramento |
| 4090 Truxel Rd, Sacramento, CA 95835 |
| 78 |
| 0 |
| 0 |
| 0 |
| 78 |
| RS San Francisco |
| 546 Vernon Ave, Ste 225, Mountain View, CA 94043 |
| 78 |
| 0 |
| 0 |
| 0 |
| 78 |
| RS Portland |
| 100 SW Main St, Ste 600 Portland, Oregon 97204 |
| 79 |
| 0 |
| 0 |
| 0 |
| 79 |
| RS Riverside |
| 14560 2nd Street |
March Air Force Base, CA 92518
| 79 |
| 0 |
| 0 |
| 0 |
| 79 |
| RS Seattle |
| 4735 E. Marginal Way S. Federal Center #1238, Seattle, WA 98134 |
| 79 |
| 0 |
| 0 |
| 0 |
| 79 |
Totals for 12th District
| 645 |
| 5 |
| 5 |
| 5 |
| 645 |
| Marine Corps Recruiting Command (MCRC) HQ |
| Marine Corps Recruiting Command |
3280 Russell Rd. 2nd Floor Quantico, VA 22134
| 8 |
| 1 |
| 1 |
| 1 |
| 5 |
Totals for MCRC HQ
| 8 |
| 1 |
| 1 |
| 1 |
| 5 |
Total Est. Quantity
| 2,723 |
| 26 |
| 26 |
| 26 |
| 3,315 |
C.6.0 Specifications
C.6.1 Small trauma kit (CLIN 0001)
Product shall be a small trauma kit appropriate for storage in vehicle glovebox and must include, at a minimum, the following:
Kit
· Handheld size: approximately: 6” x 4” x 1” not to exceed 7” x 5” x 1.5”
· Expiration date must be, at a minimum, 4 years in date from the date of government inspection and acceptance
· Kits individual items must expire simultaneously Packaging
· Water proof and puncture resistant
· Radio frequency (RF) welded seams or vacuum sealed
· Composition: flexible polyvinyl chloride (PVC) or comparable material
· Must be red on one side and clear on the other, or clear on both sides with red content card visible through packaging
· Highly visible tear notch indicators for easy opening
· “TRAUMA KIT’ spelled out on red side of packaging, or visible through packaging on red content card, for visual cue
· Packaged so that the expiration date of any contents is visible through packaging
Contents
· Content card
· If clear packaging, card must be red in color
· Words “Trauma Kit” prominently displayed
· Kit contents listed
· Trackable lot number and kit expiration date on content card
· Gloves
· Non-Latex Gloves
· 1 Pair
· Black or light blue in color
· SWAT-Tourniquet
· End users with virtually no training can use this tourniquet by following the instructions
· Multi-use: Tourniquet or pressure bandage application
· Hemostatic Gauze
· Compressed and sealed, one-time open, packaging
· Visible expiration date
· QuikClot brand or equal
· Improvised Occlusive Dressing
· Able to create airtight seal
· Tape
· Surgical grade medical adhesive tape
· 1” x 1.5yds
C.6.2 QUALITY CONTROL
C.6.2.1 The Contractor shall have a specialized internal quality control test which provides guaranteed quality product for each lot produced.
C.6.2.1 All of the trauma kits shall have an expiration date of no less than 4 years upon acceptance by the government. If a kit is delivered with an expiration date that does not meet the minimum 4 years of shelf life, the government will not accept the product and the contractor will be responsible for re-supplying a replacement that meets this requirement.
C.7.0 Delivery
The Contractor shall be prepared to deliver the first order of trauma kits within 30 days from contract award. Each delivery order will have a 30 day delivery requirement. Shipping addresses, Points of Contact and required quantities will be included in on each Delivery Order.
C.8.0 Samples
In response to the solicitation the quotes shall be emailed or USPS mailed to the Contracting Office Attention:
Dorothy Patrick Contracting Officer Regional Contracting Office Building 159 Corregidor P.O. Box 5069 Parris Island, SC 29905 Or dorothy.patrick@usmc.mil
In response to the solicitation vendors shall submit one sample of the kit to the following address prior to closing date of the solicitation:
Marine Corps Recruiting Command 3280 Russell Rd. 2nd Floor Quantico, VA 22134 Attn: Mr. Adrian Tate
C.9.0 Deliverables
C.7.1 The Contractor shall deliver trauma kits in the quantities specified in each individual Delivery Order.
C.7.2 The Contractor shall provide in every box a separate packing list which reflects the quantity of kits included.
C.7.3 The Contractor shall provide documentation, in the form of a signature, of Government receipt of the kits at each delivery location. This documentation shall be submitted as an attachment to invoices submitted in Wide Area Work Flow (WAWF).
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 30-DEC-2018 TO |
29-DEC-2023
| N/A |
| SEE SCHEDULE |
SEE SCHEDULE
N/A AA
FOB: Destination
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF
| Pay Official DoDAAC | ____ | ||
| Issue By DoDAAC | ____ | ||
| Admin DoDAAC | ____ | ||
| Inspect By DoDAAC | ____ | ||
| Ship To Code | ____ | ||
| Ship From Code | ____ | ||
| Mark For Code | ____ | ||
| Service Approver (DoDAAC) | ____ | ||
| Service Acceptor (DoDAAC) | ____ | ||
| Accept at Other DoDAAC | ____ | ||
| LPO DoDAAC | ____ | ||
| DCAA Auditor DoDAAC | ____ | ||
| Other DoDAAC(s) | ____ |
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 52.203-18 |
| Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation |
| JAN 2017 |
| 52.204-2 |
| Security Requirements |
| AUG 1996 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| JUL 2016 |
| 52.204-21 |
| Basic Safeguarding of Covered Contractor Information Systems |
| JUN 2016 |
| 52.204-23 |
| Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. |
| JUL 2018 |
| 52.204-23 |
| Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. |
| JUL 2018 |
| 52.209-7 |
| Information Regarding Responsibility Matters |
| JUL 2013 |
| 52.209-12 |
| Certification Regarding Tax Matters |
| FEB 2016 |
| 52.212-3 |
| Offeror Representations and Certifications--Commercial Items |
| AUG 2018 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| JAN 2017 |
| 52.222-56 |
| Certification Regarding Trafficking in Persons Compliance Plan. |
| MAR 2015 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.252-2 |
| Clauses Incorporated By Reference |
| FEB 1998 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| OCT 2016 |
| 252.223-7006 |
| Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials |
| SEP 2014 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.245-7003 |
| Contractor Property Management System Administration |
| APR 2012 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
xx (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).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
xx (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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.
____ (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] xx (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Nov 2016) of 52.219-9.
____ (iii) Alternate II (Nov 2016) of 52.219-9.
____ (iv) Alternate III (Nov 2016) of 52.219-9.
____ (v) Alternate IV (Aug 2018) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
xx (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
xx (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
xx (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
xx (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)).
xx (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
xx(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
____ (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
____ (ii) Alternate I (Feb 1999) of 52.222-26.
____ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).
____ (ii) Alternate I (July 2014) of 52.222-35.
____ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
____ (ii) Alternate I (July 2014) of 52.222-36.
____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
xx (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).
____ (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.)
xx (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.
____ (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).
xx (44) 52.223-21, Foams (June, 2016) (E.O. 13693).
____ (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 (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
____ (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).
xx (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)).
____ (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).
____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (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.
____ (iii) Alternate II (Feb 2006) 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 (AUG 2018) (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) (AUG 2018) (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 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.
(v) 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.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiii) _____ (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).
(xiv) 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.)
(xv) 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)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xx) 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).
(xxi) 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.
(xxii) 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.
52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 30-DEC-2018 through 29-DEC-2023.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
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 5 (insert dollar figure or quantity), 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 6,116 (insert dollar figure or quantity);
(2) Any order for a combination of items in excess of 6,116 (insert dollar figure or quantity); or
(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.
(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) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, 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 5 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.
52.216-21 REQUIREMENTS (OCT 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) 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 29 January 2024.
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)
(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.
Material Identification No.
(If none, insert "None")
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
(End of clause)
Section K - Representations, Certifications and Other Statements of Offerors
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2018)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision --
“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Veteran-owned small business concern” means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51…
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