M67400-16-T-0108.docx

M67400-16-T-0108

Section SF 1449 - CONTINUATION SHEET

Headboard, Twin Bunkable

FFP

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

MILSTRIP: MMF10016SU60110

PURCHASE REQUEST NUMBER: MMF10016SU60110

ADDITIONAL MARKINGS: TCN for all CLINs is M302296124110XXX

NET AMT

Mattress (Extra Firm), Twin XL

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

MILSTRIP: MMF10016SU60110

NET AMT

Bedspread, Twin XL

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Under bed Storage Unit

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Secretary

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Student Desk

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Desk Carrel

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Entertainment Center

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Entertainment Center

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Dining Table, Square

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Activity Table

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

End Table

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

End Table

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

End Table

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

End Table

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Coffee Table

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Coffee Table

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Coffee Table

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Coffee Table

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Activity Chair

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Chair W/ Arms

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Swivel Bar Stool

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Loveseat

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Loveseat

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Loveseat

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Loveseat

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Sofa

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Sofa

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Sofa

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Sofa

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Floor Lamp

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Drapes, Blackout

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Drapes, Blackout

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Drapes, Blackout

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Drapes, Blackout

Minimum salient characteristics are listed in Attachment I - Line Item Specifications. Additional requirements and descriptions provided in Attachment II. All fees associated with shipping door-to-door shall be included in the cost of the item.

FOB: Destination

NET AMT

Installation

See Statement of Work FOB: Destination

NET AMT

SUBMISSION OF OFFERS

Offerors are required to submit the following as part of their Quote:

(X) SF1449 (Solicitation M67400-16-T-0108) completed.

(X) Offerors shall submit three separate volumes: (Volume I, II, and III)

Offerors shall submit each Volume in accordance with the instructions below:

Volume I – (Technical Information): Offerors shall submit one original copy and one redacted version. The redacted version is used during the technical evaluation and therefore; it should be without company logo, identifying marks and names must be redacted. Failure to provide a redacted copy may result in a non-responsive determination. Be advsied that all quotes shall be submitted in English. The Government will validate Offerors’ redacted company information but will not make changes to Offerors’ provided redacted offer either to add or delete redacted text/graphics/etc.

1. Required Furniture List & Descriptions: Offerors shall provide the specifications of the offering furniture in the Line Item Specifications, Attachment 1 and submit it as a part of their offer. (Ref: Line Item Specifications, Attachment I).

1. Descriptive Literature for the offered furniture: Offerors shall submit “Descriptive Literature” such as catalog(s) and/or brochure(s) as a part of their offer which is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as Size, Design, Materials, Components and Performance characteristics.

1. Estimated Delivery Date and Installation Schedule: Offerors shall provide an estimated delivery date and installation schedule including a sequence of activities and an estimated completion date for the furniture installation service. (Required delivery date: 120 days after the contract award)

1. Warranty Terms and Conditions: Offerors shall provide a statement/document indicating the terms and conditions of the warranty. Warranty shall be provided at least minimum stated for each separate item as stated in attachment 1. The warranty period shall start from the date of the Government’s acceptance of the furniture.

EVERY SPECIFICATION, FOR EACH ITEM, SHALL BE ADDRESSED FOR COMPLIANCE WITH THE REQUIREMENTS LIST AND/OR STATEMENT OF WORK. FAILURE TO ADDRESS THE SPECIFICATIONS REQUESTED SHALL RESULT IN AN UNACCEPTABLE RATING.

The information provided in the specifications section shall be from the manufacturer's specification sheet and shall not be a reiteration (Copy and Paste) of the information from the solicitation.

Include drawings, floor layouts, product literature, pictures, commercial warranty information and description of ALL quoted items. Failure to provide floor layouts to show the items quoted fit in the rooms may result in as a “Non-Responsive” determination.

*Drawings and floor layouts stated above are applicable to all items.

See Site Diagrams for floor plan.

Approximate:

Measurements should be within plus or minus 3 inches. Measurements that exceed this shall be considered as alternate items and will be considered as acceptable or unacceptable based on whether or not the measurements of the alternate items offered meet the Marine Corps' requirements in terms of room layout/dimensions. Measurements that do not say approximate are exact.

Volume II- (Price) Offerors shall submit a price offer which contains all the pricing information. Only one (1) original copy shall be submitted.

This Volume shall contain the information requested below and shall include a copy of Section SF1449 – CONTINUATION SHEET with the Contract Line Item (CLIN) Unit Prices and for evaluation purposes, the Total Prices filled in (Prices and/or Costs).

(1) Price Offer:

Offeror shall submit the following information in the price offer in accordance with Government described pricing terms and conditions. Offerors shall agree to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

*The price of the furniture shall include the cost for Door-to-Door direct shipping (to Camp Fuji, Nakabata Japan) and handling fees (freight charges, administrative/service fees, packing & consolidations fees, and cost of customs clearance). Offerors shall provide the price information as follows:

0. Unit Price for each CLIN

0. Total Estimated Price for each CLIN

0. Total Offered Price

0. Breakdown Costs of each CLIN (to include shipping and handling fees)

0. Breakdown Costs of installation (such as service fees, labor, transportation, lodging, and incidentals, etc.)

All price/cost and price/cost supporting information shall be contained in a copy of Section SF1449 – CONTINUATION SHEET with the Contract Line Item (CLIN) Unit Prices and the Total Prices filled in and the price offer. No price or pricing information shall be included in any other technical submission including cover letters. Offerors are responsible for submitting sufficient information to enable the Government to fully evaluate their price offer.

Price offers shall be evaluated for the presence of “unbalanced pricing” based on a contractor’s attempt to “buy in” to the acquisition. The Contracting Officer shall perform a price offer analysis to determine fair and reasonable pricing. The Contracting Officer reserves the right to reject an offer if it is determined that the lack of balanced pricing poses an unacceptable risk to the Government.

Volume III- (Offeror’s Representations and Certifications) Offerors shall submit Representations and Certifications document which contain all information regarding Offeror’s Representations and Certifications or a validation that System for Award Management (SAM) registration Online Representations and Certifications Application (ORCA) information is up to date and includes all the necessary representations and certifications to include Commercial And Government Entity Code (CAGE), and Data Universal Numbering System (DUNS). Only one (1) original copy shall be submitted for Volume III.

Format of Offers: Offerors shall prepare and submit their offers as set forth in Table 1. The titles and contents of the sections are defined in Table 1 of this document, all of which shall be within the required page limits (including all attachments, figures, etc.) and with the number of copies specified in the table. An electronic copy of all documents (technical, past performance information list and price) shall be submitted. Offers shall be prepared using “Arial” or “Times New Roman” 11-point or larger font style on 8½ x 11 inch. Tables and illustrations may use a reduced font style, not less than 8 points. Margins shall be one (1) inch on all sides. All material submitted may be single-spaced. Offerors should ensure that each page provides identification of the submitting Offeror in the header or footer.

Table 1 – Required Format

Communications/Questions:

All and any communications/questions (with the exception of the offer/quote) pertaining to this solicitation must be submitted in writing to the responsible Contract Specialist, Kazuho Tamayose (kazuho.tamayose.ja@usmc.mil ) 28 July 2016 @08:00 AM Japanese Standard Time (JST). If an Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the Contract Specialist in writing with supporting rationale. Offerors are reminded that the Government reserves the right to award this effort based on the initial quote, as received, without discussions.

Submission of Offers:

Offerors shall submit the original and one redacted copy of Volume I (Technical Information), one original copy of Volume II ( Price), and Volume III (Offerors’ Representations and Certifications) of their offers to:

Hand Carried:

MCIPAC Regional Contracting Office Attn: Kazuho Tamayose PSC 557 Box 2000

FPO AP 96379-2000

Phone: 81-98-970-4481 (from U.S.) / 098-970-4481 (Local) E-mail: kazuho.tamayose.ja@usmc.mil Fax: 011-81-98-970-0969 (from U.S) / 098-970-0969 (Local)

Offers shall be submitted electronically by e-mail. Other methods of submission (such as web, grid, and cloud distributed system) will not be accepted unless approved by the Government 24 hours prior to the due date of the solicitation. The Government reserves the right to make award solely on the offers received or enter into “discussions.” Offeror shall bear the burden of ensuring that offers (and any authorized modifications) reach the designated office on time and should allow a reasonable time for e-mail transmissions to be completed.

Due to Government computer firewall security, any e-mail(s) with "zip" files will be automatically rejected. Any e-mails with large volume of attachments might be rejected. Offerors may submit their quotes via several e-mails. In that case, Offerors shall specify the number of e-mails and attachments. It is Offerors’ responsibility to ensure that the Contracting Office receives all required documents. After submitting offer(s), it is Offerors’ responsibility to receive acknowledgment from the Government.

All pages of the offer must reach the Contracting Office before the deadline specified on the solicitation. Pages of e-mail transmission that arrive in the office after the specified deadline will be marked as late. Offerors shall bear the risk of non-receipt of e-mail transmissions and should confirm by telephone or e-mail that the offer was received. Any e-mail transmission shall clearly state the solicitation number and the name of the Contract Specialist on the first page, to ensure proper receipt.

All interested offerors are advised that the Government will not pay for any information, travel or any administrative costs incurred that are associated with any response received from industry to this solicitation. Therefore, the Government is not liable for costs associated with offeror’s market research and preparation and submittal of offer(s).

SYSTEM FOR AWARD MANAGEMENT

Effective 01 March 1999 all payments made by the government will be made by Electronic Fund Transfer (EFT). All DoD Contractors are now required to be registered within the SAM database prior to award, during performance and throughout final payment of any contract resulting from this request for quotation. Offerors may obtain information on registration and annual confirmation requirements by calling 1-312-463-3376 or via the Internet at: https://www.sam.gov. Registration on line will normally take 5 business days vice the standard 30 days processing time required through other methods.

The following information must be provided with this quotation:

Commercial And Government Entity Code (CAGE). ____________________ (U.S. Vendor Only)

NATO Commercial And Government Entity Code (NCAGE). ____________________ (Foreign Vendor Only)

Taxpayer Identification Number (TIN). _____________________________

Data Universal Numbering System (DUNS). __________________________

By submitting the above information, offerors are affirming that they are registered in the SAM database.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

MANABU TANAKA

SEE SCHEDULE

FPO 00000-0000

FOB: Destination M30229

M30229

M30229

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M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

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M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

M30229

16-MAR-2017

M30229

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

EVALUATION FOR AWARD

The Government shall utilize the source selection criteria as outlined below and evaluate in accordance with the FAR, 13.5 Lowest Price Technically Acceptable Source Selection Process.

a) The basis of award will be determined by means of an integrated assessment of each quote in terms of Technical Acceptability to the Requirement and Price Information. Award will be made in accordance with the FAR Lowest Price Technically Acceptable source selection process (LPTA), to the responsive Offeror whose offer is the lowest price meeting or exceeding the acceptability standards in accordance with the technical specifications in the solicitation. The offer must be determined to be technically acceptable before being considered further. The following factors shall be used to evaluate offers:

1. Evaluation of Non-Cost/Price (Technical)

Technical Acceptability to the Requirement

Product information

Offeror shall submit “Descriptive Literature” as a part of its offer which is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as Design, Materials, Components, Performance characteristics; and, Methods of manufacture, assembly, construction, or operation. This literature shall include pictures of the items.

Adjectival Ratings for Non-Cost/Price (Technical):

The Offeror’s Technical Acceptability to the Requirement will be evaluated to determine if it is acceptable or unacceptable, using the ratings and descriptions outlined in the Table below.

Technical Acceptable/Unacceptable Ratings

2. Evaluation of Price

The Government will evaluate the Offeror's price of each priced Contract Line Item Number (CLIN). An Offeror’s quote shall represent the Offeror’s best efforts to respond to the solicitation. The evaluated price will be the price of each priced Contract Line Item Number (CLIN). Award shall be made to the lowest evaluated price of quotes meeting or exceeding the acceptability standards in accordance with the technical specifications in the solicitation. The price of all CLINs will be evaluated by the Contract Team for price reasonableness using price analysis techniques.

3. Best-Value Decision and Documentation

a. The Government shall select the source whose quote offers the best value to the Government in accordance with established criteria in the solicitation provision.

b. The Government shall ensure the quotes are evaluated for acceptability but not ranked using the non-cost/price factors.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2015)

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

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

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

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

_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 (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]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

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

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

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

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

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

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

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

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

____ (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—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

(22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).

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

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).

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

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

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

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

____ (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).

____ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (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.)

____ (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 Televisions (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[supreg]-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 (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (44) 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).

____ (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 (July 2013) (31 U.S.C. 3332).

____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 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).

____ (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…