2-07_--N00173-16-R-SE01.pdf

SOLICITATION NO. N00173-16-R-SE01

PART I - THE SCHEDULE

MAXIMUM

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 SUPPLIES/SERVICES AND COSTS

1. CONTINUATION OF THE SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS

A. Blocks 19 - 24 are completed as follows:

0001 The contractor shall provide bulk delivery of 1 Lot $ $ Liquid nitrogen in accordance with Section C and the following price chart on a delivery order basis.

PERIOD OF PERFORMANCE YEARLYFIXED UNIT PRICE

10/01/2016 – 09/30/2017 $ /Gallon 10/01/2017 – 09/30/2018 $ /Gallon 10/01/2018 – 09/30/2019 $ /Gallon 10/01/2019 – 09/30/2020 $ /Gallon 10/01/2020 – 09/30/2021 $ /Gallon

0002 The Contractor shall provide for leasing 1 Lot $ $ of the following contractor-supplied tanks in accordance with Section C and the following price chart on a delivery order basis.

TANK LOCATIONNRL BLDG. NO. CAPACITY

GALLON

MONTHLYFIXEDUNIT PRICE

30 3,200 A-59S 1,500 101 1,500 207 3,200 208 Large 6,000 215 525 216 Medium 1,500 A50-1 4,500 42 1,500 A50 1,500

TANK LOCATIONNRL BLDG. NO. LITER MONTHLY FIXED UNIT PRICE

A-59G1 and A-59G2 Microbulk tank

2-1500 liter

215-1

230 liter

0003 The contractor shall provide a Certified 1 Lot $ $ Technicians to provide effort in accordance with Section C and the following price chart on a delivery order basis.

PERIOD OF PERFORMANCE Hours YEARLY FIXED HOURLY RATE

10/01/2016 – 09/30/2017 100 $ 10/01/2017 – 09/30/2018 100 $ 10/01/2018 – 09/30/2019 100 $ 10/01/2019 – 09/30/2020 100 $ 10/01/2020 – 09/30/2021 100 $

B. BLOCK 25 is completed as follows:

TOTAL NOT-TO-EXCEED CONTRACT VALUE (CLIN’s* 0001-0003): $**

*CONTRACT LINE ITEM NUMBER

**WILL BE FILLED IN AT TIME OF AWARD

B-2 MINIMUM AND MAXIMUM QUANTITIES

As contemplated by the clause of the solicitation entitled, ”Indefinite Quantity”, the minimum quantity inclusive of all years to be ordered is 250,000 gallons. The maximum quantity inclusive of all years that may be ordered is 10,000,000 gallons. The minimum amount shown is the minimum quantity of gallons the Government may order. The maximum amount shown is the maximum quantity of gallons the Government may order.

The minimum leasing time of contractor-supplied tanks inclusive of all years is from 10/01/2016 through 9/30/2017. The maximum leasing time of contractor-supplied tanks inclusive of all years is 10/01/2016 through 09/30/2021. The minimum amount shown is the minimum months of leasing the Government may order and may consist of any combination of tanks identified in Section B. The maximum amount shown is the maximum months of leasing the Government may order and may consist of any combination of tanks identified in Section B.

The minimum quantity the Government may require on a single delivery order is 4,000 gallons.

The maximum quantity the Government may order on a single delivery order is 30,000 gallons.

2. ADDENDA TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS

(MAY 2015)

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 The specific work to be carried out shall be further described in orders issued under this contract.

C-2 The contractor shall furnish, in bulk delivery, liquid nitrogen to all tanks listed located on-site at the Naval Research Laboratory. The liquid nitrogen shall be low moisture, Type II, Grade B, Class I.

C-3 There shall be no downtime in the supply of liquid nitrogen at each tank location. Also, there shall be no downtime in the supply of liquid nitrogen during any removal and installation of contractor supplied tanks at each location. At no time during the period of this contract shall any tank be allowed to become empty, except as required just prior to removal of a tank.

C-4 Any replaced contractor-supplied tank shall have the same specifications and gallon capacities as the existing tank (s) being replaced unless otherwise stipulated by the Government. There shall be a modification to the basic IDIQ contract and a written delivery order issued prior to any installation, removal, or addition of contractor-supplied tanks. Any Contractor-supplied tank under this contract requiring any adjustments to the existing specifications shall be made by issuance of a delivery order.

C-5 The Government reserves the option to discontinue tank leases and/or to require delivery of newly acquired Government-Owned tanks or Contractor-Supplied tanks. There shall be a modification to the basic IDIQ contract and a written delivery order issued prior to any installation, removal, or addition of tanks. Any tank removal or installation shall completed by a Contractor Certified Technician.

C-6 The contractor must have customer service operators on duty 24/7 (including holidays) to receive calls and set up deliveries. The Contractor must be able to make deliveries 24 hours per day, 7 days a week, including holidays.

C-7 The contractor shall maintain Contractor-Supplied tanks to operate and function within the manufacturer’s specifications. In the event of a catastrophic failure, the Contractor shall replace the tank immediately to ensure continuity of services. Repair, maintenance and replacement of Contractor-Supplied tanks must be completed at no additional cost to the Government.

C-8 The contractor shall provide certified technicians to maintain Government-Owned tanks on an as needed basis to operate and function within the manufacturer’s specifications. In the event of a catastrophic failure, the Contractor shall replace the tank immediately to ensure continuity of services.

There shall be a modification to the contract and a written delivery order issued prior to any work conducted by Contractor Certified Technicians.

C-9 All Contractor supplied tanks shall include wireless telemetry devices or such devises shall be installed within 60 days of delivery at NRL. Installation shall be scheduled in advance with the Contracting Officers Representative (COR). The contractor shall monitor and maintain the telemetry system for each tank. The contractor shall monitor the status and fill level of each tank and schedule tank fills and servicing as indicated via the monitored telemetry. Telemetry readings must be available via a Contractor provided, password protected web site for used by authorized NRL Technical Monitors.

C-10 The contractor certified technician shall install wireless telemetry devices on all Government owned tanks. Installation shall be scheduled in advance with the Technical Monitor. The contractor shall monitor and maintain the telemetry system for each tank. The contractor shall monitor the status and fill level of each tank and schedule tank fills and servicing as indicated via the monitored telemetry. Telemetry readings must be available via a Contractor provided, password protected web site for used by authorized NRL Technical Monitors. (See “Government Owned Tanks” table under Section F-4 for Government Owned tanks that require installation of telemetry devises)

C-11 For those portions of the work under this contract performed at any NRL site, the contractor shall comply with the Requirements for On-Site Contractors dated 30 July 2004 which are hereby incorporated by reference. The full text is available at http://heron.nrl.navy.mil/contractors/contractors/home.htm.

C-12 Pursuant to DFARS 211.106 contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

SECTION D

PACKAGING AND MARKING

D-1 Preservation, packaging, packing and marking of all deliverable contract line items must conform to normal commercial packing standards to assure safe delivery at destination.

D-2 The Contractor shall mark all shipments under this contract in accordance with the edition of ASTM-D-3951-90 “Standard Practice for Commercial Packaging” in effect on the date of the contract.

D-3 The Contractor shall comply with FED STD 313 (Symbols for Packages and Containers for Hazardous Industrial Chemical and Materials) to the extent applicable.

SECTION E

INSPECTION AND ACCEPTANCE

E-1 Authorized Government Representative (AGR) for Inspection and Acceptance- _____*_____, Code _*___,Telephone number (202) 767-_*__, email: __*______@nrl.navy.mil.

(*to be competed at time of award)

SECTION F

DELIVERIES OR PERFORMANCE

F-1 DELIVERIES OR PERFORMANCE CLAUSES BY REFERENCE:

FAR CLAUSE TITLE

52.211-16 - Variation In Quantity (APR 1984) - The permissible variation shall be limited to:

10% increase/decrease per delivery order.

This increase or decrease shall apply to CLIN 0001.

52.211-17 - Delivery Of Excess Quantities (SEP 1989) 52.242-15 - Stop-Work Order (AUG 1989) 52.242-17 - Government Delay Of Work (APR 1984) 52.247-34 - F.O.B. Destination (NOV 1991)

F-2 DELIVERY AND PERFORMANCE:

CLIN 0001:

(1) SCHEDULED DELIVERIES: Scheduled deliveries shall be made every Monday, Wednesday and Friday between 4:00 a.m. and 6:00 a.m. Only an authorized representative listed in Section G-3 may place a delivery request for scheduled delivery against an existing written delivery order signed by a Contracting Officer. The request will be placed in advance every Tuesday, Thursday and Friday. Only the Government owned tank identified as Bldg.

A-59-1, 13,000 Gallons, Bldg. A-59-2, 13,000 Gallons, and Contractor owned tank identified as Bldg 208 Lg, may accept scheduled delivery between 5:00 a.m. and 3:00 p.m. The Contractor must provide a confirmation number for each tank scheduled for delivery, four (4) hours from the receipt of the delivery request.

(2) UNSCHEDULED DELIVERIES: Unscheduled deliveries may be requested on any day, and at any time during the term of this contract. Only an authorized representative listed in Section G-3 can place a delivery request for unscheduled delivery against an existing written delivery order signed by a Contracting Officer. The contractor shall have no more than 24 hours from the time of the request to make delivery at the Naval Research Laboratory.

(3) EMERGENCY DELIVERIES: Emergency deliveries may be requested on any day, including Federal holidays, and at any time during the week. Only an authorized representative listed in Section G-3 can place a delivery request for an emergency delivery against an existing written delivery order signed by a contracting Officer. In emergency cases, when an existing delivery order is not in place, a delivery request may be placed by an authorized representative listed in Section G-3 or by a written delivery order within 5 working days of the emergency request. The contractor shall have no more than 8 hours from the time of the request to make delivery at the Naval Research Laboratory.

(4) DELIVERY PROCEDURES

The following delivery procedures apply for escorted deliveries:

(1) Drivers shall report to NRL Building 49 where NRL will provide an escort as the contractor delivers to each tank;

(2) All requested tanks shall be filled to capacity, unless otherwise specified in the order, by completion of the delivery;

(3) The contractor shall sign each individual receipt as to the quantity delivered for each receiving tank;

(4) The NRL escort will co-sign each individual receipt to ensure correctness;

(5) The contract will provide the escort with a copy of the signed receipts;

(6) The TM will reconcile the contractor’s invoices against each receipt;

(7) The TM will authorize payment upon completion of (1) through (5) above and in accordance with Section G-4.

The following delivery procedures apply for non-escorted deliveries:

(available only to NRL badged drivers)

(1) Drivers shall present their NRL badge to the Guards at the main gate.

(2) Drivers shall fill each tank to capacity, as required.

(3) Drivers shall provide a copy of their fill receipts to the TM

(4) The TM will reconcile the contractor’s invoices against each receipt;

(5) The TM will authorize payment upon completion of (1) through (3) above and in accordance with Section G-4.

CLIN 0002:

CONTRACTOR SUPPLIED TANK LEASES: A written delivery order must be placed to cover tank leases.

CLIN 0003:

Maintenance, Repair, Removal, Installation or Replacement Service of Government-Owned Tanks: A written delivery order shall be placed to cover service costs.

F-3 PERIOD OF PERFORMANCE

The effective period of this contract during which delivery orders may be issued is from is 10/01/2016 through 09/30/2021. Each delivery order will specify the period of performance in which delivery may be made.

F-4 PLACE OF PERFORMANCE

Place of performance shall be at the Naval Research Laboratory Contract Number: *

ATTN: *

CODE: *

LOCATION: *

Bldg. A52 4555 Overlook Avenue, SW Washington, DC 20375-5320.

*To be completed at time of award

Below is a complete listing of possible tanks to be filled, location, capacity, and identifying tank

CONTRACTOR-SUPPLIED TANKS:

TANK LOCATION

NRL BLDG. NO.

GALLON

CAPACITY

Tank Number

30 3,200 A-59S 1,500 101 1,500 207 3,200 208 Large 6,000 215 525 216 Medium 1,500 A50 1500 A50-1 4,500 42 1,500 A-59G

2-1500 liter

215-1

230 liter

GOVERNMENT OWNED TANKS:

NRL BUILDING NUMBER CAPACITY IN GALLONS TANK NUMBER

271* 1,500 271 A11* 1,500 A11M A-59 13,000 A59-1 A-59 13,000 A59-2 A-59 1,500 A59N A11* 525 A11 250 3,200 250

*Required Telemetry devise installed.

SECTION G

CONTRACT ADMINISTRATION DATA

G-1 CONTRACT ADMINISTRATION

In order to expedite administration of this contract, the following delineation of duties is provided, including the names and contact information, for each individual or office specified. Contact the individual/position designated as having responsibility for any questions, clarifications or information regarding the functions assigned herein.

(a) The Administrative Contracting Officer (ACO), designated in Block 6 on the Standard Form 1449, will expedite administration of the contract and direct inquiries to the appropriate off ice listed below.

(b) The Contract Administration Office (CAO) designated in Block 20A on the Standard Form 26 is responsible for all matters specified in FAR 42.302(a) and DFARS 242.302(a), except in those areas otherwise designated herein.

Contract Specialist Contract Specialist – Eric Sogard, eric.sogard@nrlssc.navy.mil,

(228) 688-5980

Security Matters Contracting Officer for Security, Code 1226, (202) 767-2240, DSN 297-2240, email security-group@nrl.navy.mil.

Safety Matters Head Safety Branch, Code 3540, (202)767-2232 safety@nrl.navy.mil

Security Matters Contracting Officer Representative for Security, Code 1226, (202) 767-2240, DSN 297-2240, email security-group@nrl.navy.mil.

Patent Matters Associate Counsel (Intellectual Property), Code 1008.2,

(202) 404-1552, DSN 297-1552, email patents@nrl.navy.mil.

Release of Data Public Affairs Officer, Code 1030, (202) 767-2541, DSN 297- 2541, email publicaffairs@nrl.navy.mil. For FOIA information, see http://www.nrl.navy.mil/media/public-affairs-office/foia/.

(c) Contract administration functions withheld, additional contract administration functions assigned, or special instructions are set forth below: None

(d) Inquiries regarding payment should be referred to DFAS at http://www.dod.mil/dfas/contractorpay/myinvoice.html

G-2 252.232-7006 – 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).

_______COMBO_____________________________________________

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

_______N000173______________________________________________

(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 TABLE

DATA REQUIRED FOR SUBMISSION OF INVOICE TO WAWF

Document Type Cost Voucher Invoice and Receiving Report (COMBO) Invoice as 2-in-1 (services only)

Contract Number N00173-16-C-* Issued By DoDAAC N00173 Admin By DoDAAC * Pay DoDAAC * Ship To DoDAAC N00173 Extension * Service Acceptor N00173 Extension * CAGE Code *

(*To be completed at time of award)

(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 e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

*COR NAME@nrl.navy.mil

* NAME@nrl.navy.mil

(* To be completed at time of award)

(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.

Donna Dargan: donna.dargan@nrl.navy.mil or 202-767-0547

Jovanka Caton-Campbell: Jovanka.Caton@nrl.navy.mil or 202-404-3557

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

G-3 CONTRACTING OFFICER’S REPRESENTATIVE (COR) – FUNCTIONS AND

LIMITATIONS

(a) *(To be provided at time of award) is hereby designated as the Contracting Officer's Representative (COR). Unless terminated sooner, this appointment is effective for the period of performance of this contract including any options, if exercised. COR authority may not be re-delegated. No change in COR assignment shall be made without written notice by the Contracting Officer, who will modify the contract to reflect the change of COR assignment.

The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor via contract modification.

(b) The responsibilities and limitations of the COR are as follows:

(1) Providing technical direction and guidance as necessary with respect to the performance of work under this contract. Technical direction and guidance may be used to provide technical advice/recommendations/clarifications on the statement of work/specifications.

It MAY NOT be used to tell the contractor how to perform the work.

(2) Submitting interim and final Contractor Performance Assessment Reports (CPARS) at www.cpars.csd.disa.mil/cparsmain.htm.

(3) Quality assurance of services performed or deliveries made

(4) Inspection and acceptance of services or deliverables

(5) Ensuring that Government Furnished Property, to include any contractor use of on-site equipment and/or IT resources is adequately monitored and accounted for.

(6) Security requirements on Government installation, such as the request and retrieval of personnel security badges and vehicle passes.

(7) Monitoring contractor's performance and promptly report problems and recommendations for corrective action to the PCO

(8) Annually, furnish a written report on performance of the contractor to the PCO. And, if deemed necessary, attending a follow-up meeting to discuss.

(9) Attend post award conference, if conducted.

(10) Ensuring a copy of all Government technical correspondence, to include Technical Direction Memorandums/Guidance, is forwarded to the PCO for placement in the contract file.

(11) Monitoring of funds expended

(12) Ensuring that the Contractor does not exceed the defined statement of work set forth in the contract.

(c) Limitations: The COR is not authorized to take any action, either directly or indirectly, that could result in a change in the cost/price, quantity, quality, place of performance, delivery schedule, or any other terms or conditions of the contract. If, as a result of technical discussions, it is desirable to alter contract obligations or the statement of work/specifications, a modification must be issued in writing and signed by the Contracting Officer in order to effect such changes. No such changes shall be made without the express written prior authorization/direction of the Contracting Officer.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H-1 TYPE OF CONTRACT

(To be filled in at time of award)

H-2 ELECTRONIC AND INFORMATION TECHNOLOGY (EIT)

In accordance with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), all EIT supplies and services provided under this contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR part 1194 (see FAR Subpart 39.2). Electronic and information technology (EIT) is defined at FAR 2.101.

H-3 SITE VISIT

A site visit is hereby scheduled for June 29th at 10:00 AM EST.

Potential offerors are encouraged to visit the site in order to gauge the effort required to complete the tasks as described in the Statement of Work, view the existing tank locations for their approach related to providing required tanks and deliveries, measurements, staging areas, equipment and other requirements and to satisfy themselves regarding all general and local conditions that may affect the price.

In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Questions WILL NOT be answered during the site visit. All questions shall be submitted in writing at the site visit or within three (3) days of the site visit via email to eric.sogard@nrlssc.navy.mil.

Offerors are required to supply their own writing and measurement tools and materials. Inquiries should contain the Solicitation Number (N00173-16-R-SE01) and must be addressed to the attention of Code 3235:SE, Mr. Eric Sogard.

To make arrangements to attend, offerors should contact Mr. Eric Sogard, Contract Specialist via e-mail at:

eric.sogard@nrlssc.navy.mil by 3:00 PM EST on June 22, 2016. The e-mail request MUST include the following information:

1. Name of the Contractor

2. Name of Each Individual to Attend *

3. Telephone Number of Each Individual to Attend

* Please try to limit the number of people to two (2) from each contractor.

Offerors are hereby notified that the site visit will take place at the Naval Research Laboratory, 4555 Overlook Ave, Washington D.C. 20375. Offerors who are scheduled to attend the site shall pick up their visitors pass at the security gate and then proceed to meeting place at Building 222, RM 115. No cameras, firearms or alcoholic beverages are allowed on the site. No transmitting devices such as pagers or cell phones are allowed in the site visit area. They should be left in offerors’ vehicles.

All Attendees Must Be U.S. Citizens With Valid I.D., and/or Must Have A Valid Green Card In Their Possession The Day Of The Site Visit To Enter The Naval Research Laboratory. (No Exceptions Will Be Made)

H-4 DELIVERY ORDER PROCEDURES FOR INDEFINITE QUANTITY CONTRACTS

The following procedure shall be followed when placing written and verbal delivery orders under this contract:

(a) Only properly appointed Contracting Officers employed at the Naval Research Laboratory (NRL) shall issue delivery orders under this contract.

(b) Form 1155 will be issued for each delivery order. The DD Form 1155, "Order for Supplies or Services", shall constitute the instrument for the placement of requirements under this contract. Any request for delivery must be in accordance with the terms and conditions, period of performance and maximum quantity of the existing written delivery/task orders under this contract. Only when the request if for an emergency delivery (as defined in Section F-2(3) can an order be place verbally. Any verbally placed order shall be followed by a written order within 5 working days of the verbal request.

(c) All delivery requests in accordance with F-2 shall be placed against a written delivery order by the Contracting Officers Representative (COR) as set forth in Section G-3.

(d) Delivery orders issued shall include, but not be limited to, the following information:

(1) Date of Order

(2) Contract Number and Delivery Order Number

(3) Accounting and Appropriation Data

(4) Description of the Item(s) to be delivered

(5) Place of Delivery

(6) The Inspecting and Accepting Codes

(7) Delivery Date and Time

(e) Verbal order shall include, but no be limited to the following information:

(1) Date of Order

(2) Contract Number, Delivery Order Number, Delivery Request Number

(3) Maximum Amount to be delivered

(4) Building, Tank Number and Account Number identifying each tank Scheduled for

Delivery

(f) The fixed amount for each delivery order will be the ceiling price stated therein and may not be exceeded except the by the combination of a verbal order followed by modification to the existing order. Furthermore, the ceiling amount of the contract will be the ceiling price stated therein and may not be exceeded by the combination of all written delivery order except when authorized by modification to the contract.

H-5 ACCOUNTING AND APPROPRIATION DATA

Each delivery order will contain the accounting and appropriation data for payment under the order.

PART II - CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

I-1 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 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, 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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

(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).

(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 (Jul 2013) (41 U.S.C. 2313).

(10) [Reserved]

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

657a).

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

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

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

(13) [Reserved]

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

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

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

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

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

(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)).

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

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

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

632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

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

13126).

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

(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).

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

(31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

(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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

(ii) Alternate I (Oct 2015) of 52.223-13.

(37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

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

8259b).

(39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

(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).

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

(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)).

(50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

(54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

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

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

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for 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 (MAR 2016) (E.O. 13658).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

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

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

(e)

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

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

3509).

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

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

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

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

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

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

793).

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

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xi) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

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

Alternate II (Dec 2015). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)

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

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

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

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219–8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

(H) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(J) (1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

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

(K) 52.222–51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(L) 52.222–53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C.

chapter 67).

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

(N) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (E. O.

13658).

(O) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226–6.

(P) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.

I-2 ADDITIONAL FAR AND DFARS CLAUSES BY REFERENCE:

52.203-3 Gratuites (10 USC 2207). (APR 1984)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-10 Waste Reduction Program (MAY 2011)

52.233-2 Service Of Protest (SEP 2006)

52.242-13 Bankruptcy (JUL 1995)

52.242-15 Stop-Work Order (AUG 1989)

52.245-1 Government Property (APR 2012)

52.245-9 Use and Charges (APR 2012)

52.247-34 FOB Destination (NOV 1991)

52.253.1 Computer Generated Forms (JAN 1991)

252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Section 847 of PL 110-181). )

(SEP 2011)

252.203-7003 Agency Office of the Inspector General (section 6101 of PL

110-252, 41 USC 3509)

(DEC 2012)

252.203-7999 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015- O0010)

(FEB 2015)

252.204-7015 Disclosure of Information to Litigation Support Contractors (10 U.S.C. 129d.)

(FEB 2014)

252.205-7000 Provision of Information to Cooperative Agreement Holders

(10 USC 2416).

(DEC 1991)

252.211-7007 Reporting of Government Furnished Equipment in the DoD Item Unique Identification (IUID) Registry

(AUG 2012)

252.211-7008 Use of Government-Assigned Serial Numbers (SEP 2010)

252.211-7003 Item Identification and Valuation (MAR 2016)

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations

(MAY 2015)

252.219-7003 Small Business Subcontracting Plan (DoD Contracts) (15 USC 637).

(AUG 2012)

252.219-7004 Small Business Subcontracting Plan (Test Program) (15 USC 637 note).

(OCT 2014)

252.225-7012 Preference for Certain Domestic Commodities (10 USC2533a).

(FEB 2013)

252.225-7021 Trade Agreements (NOV 2014) (19 USC 2501-2518 and 19 USC 3301 note).

252.225-7028 Exclusionary Policies and Practices of Foreign Governments

(22 USC 2755).

(APR 2003)

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concern s (Section 8021 of PL 107-248) and similar sections in subsequent DoD appropriations acts).

(SEP 2004)

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (10 USC 2227)

(JUN 2012)

252.232-7010 Levies on Contract Payments (DEC 2006)

252.232-7011 Payments in Support of Emergencies and Contingency Operations (MAY 2013)

252.243-7002 Requests for Equitable Adjustment (10 USC 2410). (DEC 2012)

252.245-7001 Tagging, Labeling and Marking of Government Property (APR 2012)

252.245-7002 Reporting Loss of Government Property (APR 2012)

252.245-7003 Contractor Property Management System Administration (APR 2012)

252.245-7004 Reporting, Reutilization, and Disposal (MAR 2015)

252.247-7023 Transportation of Supplies by Sea (10 USC 2631) (APR 2014)

252.247-7024, Notification of Transportation of Supplies by Sea (10 USC 2631).

(MAR 2000)

I-3 ADDITIONAL FAR AND DFARS CLAUSES IN FULL TEXT:

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

(If none, insert “None”)

Identification No.

(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,…