Combo_-_N6264516R0008_Intraocular_Lenses_(NMC_San_Diego).pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation on an SF1449 will not be issued. The solicitation number is N6264516R0008. The solicitation is issued as a Request for Proposal (RFP). Provisions and clauses in effect through Federal Acquisition Circular 05- 86 are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions.

The clauses may be accessed in full text at these addresses: http://acquisition.gov/far and http://www.acq.osd.mil/dpap/sitemap.html.

The NAICS code is 339115, with a small business size of 500 employees. All qualified vendors are encouraged to submit a proposal.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Each Intraocular Lenses - Base Period

FFP

Provide intraocular lenses on a consignment basis as described in the Statement of Requirements.

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1001 1 Each OPTION Intraocular Lenses - Option Period 1

FFP

Provide intraocular lenses on a consignment basis as described in the Statement of

UNIT UNIT PRICE MAX AMOUNT

2001 1 Each OPTION Intraocular Lenses - Option Period 2

FFP

Provide intraocular lenses on a consignment basis as described in the Statement of http://acquisition.gov/far http://www.acq.osd.mil/dpap/sitemap.html

UNIT UNIT PRICE MAX AMOUNT

3001 1 Each OPTION Intraocular Lenses - Option Period 3

FFP

Provide intraocular lenses on a consignment basis as described in the Statement of

UNIT UNIT PRICE MAX AMOUNT

4001 1 Each OPTION Intraocular Lenses - Option Period 4

FFP

Provide intraocular lenses on a consignment basis as described in the Statement of

STATEMENT OF REQUIREMENTS

The Naval Medical Center (NMC) San Diego, CA has a requirement for intra-ocular lenses and accessories meeting the following:

Brand Name

Refer to Enclosure 1

OR

Equal to the following Essential Characteristics

All Lenses:

- Shall be hydrophobic acrylic intra-ocular lenses, preloaded with two haptics

- Shall be wave-front designed

- Shall allow for normal transmission of blue light, improved night/low-light vision and high visual acuity

- Shall be of aspheric design

Toric Lenses:

- Shall be suitable for patients with astigmatism

1. General Requirements

1.1. The contractor shall provide various intraocular lenses and accessories, to NMC San Diego. Appendix A provides a sample of the various lenses and accessories to be stocked at NMC San Diego.

1.2. NMC San Diego may utilize any quantity, make, model or size of the various types of products specified under the contract totaling up to the maximum dollar amount, per CLIN. Items not included or not specifically designated under the contract cannot be appropriated under this contract and/or charged to the Government under this contract without a formal request for modification submitted to the Contracting Officer.

1.3. The Government will provide information concerning items required to be stocked at NMC San Diego as an attachment to the awarded contract.

2. Consignment Requirements

2.1. Inventory shall be provided on a consignment basis, remaining the property of the contractor until removed from inventory and utilized by the Government.

2.2. Quantity, make, model and size to be provided and stocked on-hand at NMC San Diego will be included as an attachment to the contract. The attachment will list the amount of each product model and size that shall be maintained on the shelf as the operative stock available for utilization.

2.3. Inventory will be maintained in a specified area located in the Ophthalmology Department at the NMC San

Diego. This space will be used for the storage and issuing of items furnished under this contract. The Government will maintain segregation between government owned items and Contractor owned items.

2.4. The Contractor shall conduct an inspection with a Government representative at the beginning of the contract to verify the initial stocking of the consignment inventory. A product list will be provided to the Government within five (5) business days of inspection and shall be formally acknowledged, via signature, by both the Government and Contractor representatives. The Government will be responsible for all expenses incidental to the safekeeping and use of the consigned items and shall furnish proper storage for all items supplied.

2.5. The Government will utilize product in a first-in, first-out basis. The Government will not transfer any of the consignment products to any third-party (except a patient).

2.6. The Government will notify the contactor when a lens is removed or utilized from consignment inventory, via email. The Government shall provide to the contractor, at a minimum, the serial number of the items removed or utilized from the inventory. Restocks to be provided will be a direct one-on-one match for the make, model and size for the product(s) which were removed or utilized by the Government.

2.7. The Contractor shall be responsible for restocking the product(s) removed or utilized from consignment inventory within 48 hours of notification. Restock shall be delivered FOB Destination. No additional charges or shipping may be levied to government in order to meet this requirement and the cost of shipping/delivery will be included in the contract. If the Contractor cannot provide product in the specified timeframe, the Contractor must contact the Contracting Officer Representative (COR) and the designated point of contact for the Ophthalmology Department at NMC San Diego as soon as reasonably possible, but not exceeding 48 hours from the receipt of the initial email request, and provide an estimated date of delivery. Incidents of products not being restocked within 48 hours of notification will be considered in future past performance evaluations.

2.8. The Contractor shall provide a full range of products with valid expiration dates. The Contractor shall remove and replace any stock one (1) month prior to its expiration date with current/unexpired, matching stock at no additional cost to the government. If removal of product could potentially interrupt operations at NMC San Diego (e.g. removal of product will leave no stock available for surgery), the Contractor shall provide the replacement product prior to removal of the product due-to-expire.

2.9. The Contractor shall not provide substitutions or alterations to the product to be stocked without the express written consent from the Contracting Officer and the approval of the Ophthalmology Department.

2.10. The Contractor shall make no adjustments, changes, deletions or additions to the base stock/inventory or to the list of products to be provided without a written contract modification from the Contracting Officer.

Request for modification must be submitted in writing to the Contracting Officer.

2.11. The Contractor shall evaluate the usage/utilization and report and review these with the COR on a mutually agreed-to schedule, but not less than every six months. Adjustments to product inventory may be made upon mutual agreement, in writing, by the COR and the Contractor. Any adjustment must be finalized by the Contracting Officer, via contract modification.

2.12. The Government will be responsible for any consigned stock that is missing or has been opened after confirmation of receipt of product. The Contractor is responsible for replacement of defective products or any product subject to recall. The Contractor shall replace defective products at no charge to the Government, unless Government has misused or damaged the product.

3. Contractor Services

3.1. The Contractor shall provide product support to NMC San Diego. The Contractor shall appoint a representative, in writing to the COR, for the routine interactions with the medical center. The Contractor shall provide a name, email address, phone number and alternative phone number for this individual. If the Contractor changes its appointed representative, it must notify the COR in writing and provide the new representatives contact information. This individual shall be well-versed in the items provided by the Contractor under the contract and be able to address the technical questions of the staff at the medical center.

3.2. The Contractor shall conduct a joint inventory with a Government representative at the initial stocking of the consignment inventory, in accordance with paragraph 2.4. above. Additional inventories shall be conducted once per month at a time and date agreed to by both the Government and Contractor in order to ensure inventory accuracy and for reconciliation of discrepancies. Inventory shall be considered complete upon signature of both the Contractor's representative and the Government's representative. A copy of the signed inventory shall be submitted to the COR within three (3) days of completion.

3.3. The Contractor shall provide, to the COR and the Ophthalmology Department representative, a written report of consumption/sales history for all products procured under the auspices of the contract.

The report shall be provided on a monthly basis, no later than the last day of the calendar month for the month following the reporting period, and shall include at a minimum the following information:

• Total number and dollar value of lenses utilized in the current contract year, up to and including the current reporting period.

• Total number and dollar value of lenses utilized in the current reporting period.

• Make, model and sizes of all lenses utilized in the current contract year.

• Make, model and sizes of all lenses utilized in the current reporting period.

4. Initialization, Orders and Payment. This section describes the process by which the Contractor and Government shall execute and coordinate the exchange of products and payment for the products covered under the contract.

Each period of performance will be fully funded in its entirety in advance of delivery of product. All funds for products that may be utilized will be tied to the contract and be paid to the Contractor upon invoicing through Wide Area Work Flow.

4.1. All requests for restock/replacement products will be provided to the Contractor, via email from one of the individuals identified below. The email request shall contain, at a minimum, the make, model, size, quantity and serial number of each item removed or utilized from consignment inventory.

Ms. Megan Walsh, DSS Logistics Manager

Mr. Michael Gattuso, Supply Systems Analyst, DSS Logistics Office

Mr. Jimmy Ferrington, Supply Systems Analyst, DSS Logistics Office

Mrs. Tracy Robinson, Supply Systems Analyst, DSS Logistics Office

Mr. Vivian Graham, Supply Systems Analyst, DSS Logistics Office

Mr. Michael Lewandowski, Supply Systems Analyst, DSS Logistics Office

4.2. Invoicing for consignment items utilized by the Government shall be billed in arrears utilizing Wide Area

Work Flow (WAWF). Invoices shall be submitted monthly.

5. Contract Conclusion

5.1. At the conclusion of the specified contract period, all unused consignment products shall be returned to the Contractor without any liabilities or expenses charged to the Government. Restocking fees of any kind shall not be levied against the Government, except in cases where it can be clearly demonstrated that the Government has either willfully damaged or defaced a product, or damaged a product through gross negligence. Destroyed or missing product is the responsibility of the Government.

5.2. The Contractor shall conduct a joint inventory with a Government representative at the conclusion of the contract. The Contractor will perform this inventory with a Government representative in order to ensure inventory accuracy and for reconciliation of discrepancies. Products determined to be damaged/defaced, missing or destroyed must be clearly identified and notated as such with a clear explanation as to why these products have been declared as such. Final inventory shall be signed by both the Contractor and Government representatives upon completion. Once the inventory has been reviewed and signed by both the Contractor and Government representatives, a copy of the inventory shall be submitted to the COR and confirmed as “complete”. Upon completion of the final inventory, all inventory designated for return to the Contractor on the signed inventory officially returns to the contractor and the Government may not utilize any of the remaining stock.

5.3. The Contractor shall remove all products designated for return to Contractor. The Government will not be liable for any costs incurred by the Contractor for removing its stock from the installation upon expiration of the contract. The Government may assist by providing a physical shipping point for products; however, the Contractor is responsible for all preparation, packaging and shipping costs. The Contractor shall ship product FOB Origin, with Contractor effectively being the "buyer" in this arrangement. The Contractor shall remove all remaining stock and completely vacate the facility no later than 48 hours after the last working day of the contract period. The Contracting Officer may allow a longer period via modification to the contract.

All equipment and accessories shall be new from the manufacturer. Used or refurbished equipment, or equipment obtained from a third party shall not be accepted. Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system such that OEM warranty and service are provided and maintained by the OEM.

The lenses and accessories shall be compliant with the Food and Drug Administration (FDA) requirements to market and deliver medical products for use in the United States of America, even should delivery be requested outside of the United States. The claims made for the product shall comply with the regulations of the FDA with respect to products for marketing and delivery of a medical product for use in the United States of America, even should delivery be requested outside of the United States.

NOTICE: NAVY USE OF SUPPORT CONTRACTOR FOR CONTRACT CLOSEOUT FUNCTIONS

NMLC uses two private contractors in support of the contract closeout process. Those companies are Contracting Resources Group (CRG) of Federal Hill, MD, doing business under the authority of the Small Business

Administration’s 8(a) program, and the Ability One Program, doing business under the authority of the Javits- Wagner O’Day Act (41 U.S.C. § 47).

The contract closeout process includes activities such as processing deobligation modifications, obtaining contractor and requiring activity concurrence, preparing the DD-Form 1594 (Contract Completion Statement), and preparing closed files for archiving. Support contractors may perform additional administrative duties, including filing and processing simple administrative modifications. Performing these functions require the contractor employees to have access to the contract file. Therefore, information you provide to the Government or information already in the possession of the Government may be viewed by these support contractors in the course of performing contract close-out functions. The information that may be made available to the contractor may include pricing and technical proposals and performance information.

NMLC has signed Non-Disclosure Agreements with each support contractor employee and has required both contractors to provide a Conflict of interest Mitigation Plan to ensure these employees are firewalled from all business development activity.

By submitting a proposal in response to this solicitation, the offeror and its subcontractors consent to access of their business sensitive/confidential or proprietary data by the Government’s support contractor personnel in order to perform close out services.

INSTRUCTIONS TO OFFERORS

This section specifies the format and content that offerors shall use in response to this Request for Proposal (RFP).

Offerors shall submit a response that is legible and comprehensive enough to provide the basis for a sound evaluation by the Government. Information provided shall be precise, factual and complete. Legibility, clarity, completeness and responsiveness are important. Proposals shall be in the form prescribed by, and shall contain a response to, each of the areas identified below. Any proposal which does not meet the requirements of the solicitation may be determined to be substantially incomplete and may result in rejection of the offeror’s entire proposal.

The proposal shall be submitted in three separate volumes:

Volume I – Technical Volume II – Past Performance Volume III – Business

A complete Volume I – Technical; Volume II – Past Performance; and, Volume III – Business shall be submitted no later than the closing date and time specified under “File Submission” below. If any one proposal volume is received past the stated closing date, the entire proposal will be considered late. No further consideration will be given to any offeror who submits any of the volumes late in accordance with FAR 15.208(b).

Volume I – Technical. Offerors shall submit a proposal including all necessary documentation demonstrating that its solution meets all of the requirements within the Statement of Requirements. If marketing brochures are submitted, please ensure that it denotes exactly how all Statement of Requirements are met; otherwise, provide the supplemental information within the technical approach of the proposal. Offerors shall submit sufficient documentation to allow for an evaluation of the Technical Approach and its abilities to meet the Statement of Requirements.

Page limitation for Volume I - Technical: The total number of pages submitted for Volume I (Technical) shall not exceed 15 pages, excluding the cover letter, title page and table of contents. If Volume I contains more than 15 pages, only the first 15 pages will be evaluated.

Volume II - Past Performance.

Offerors shall complete a maximum of three (3) past performance information sheets (Enclosure 2). Each of the

Past Performance Information Sheets shall be completed in its entirety. The Past Performance Information listed on each sheet shall be for the same and/or similar items. If more than three (3) Past Performance Information Sheets are provided, only the first three (3) will be considered. Each Past Performance Information Sheet shall identify no more than one Point of Contact (POC). Each Past Performance Information Sheet may include multiple contracts or one or more task orders under single IDIQ contracts. The same contract may appear on more than one Past Performance Information Sheet if more than one POC exists. If more than one POC is provided for any Past Performance Information Sheet, only the first POC will be considered. Each Past Performance Information Sheet shall not exceed one page. If a Past Performance Information Sheet contains more than one page, only the first page will be considered. Contracts cited must be current, or have ended not more than three (3) years prior to the closing date of the solicitation. If the contract performance ended more than three (3) years prior to the closing date of the solicitation it will be determined not relevant.

If the offeror does not possesses relevant past performance, the offeror shall submit a statement affirming that it possesses no relevant Past Performance.

The Government may contact the POCs listed on the Past Performance Information Sheets. POCs must be either Government personnel (civil service or military) or employees of private sector clients with whom it has provided services. Information provided by or for POCs who work directly for the offeror or a teaming partner will be determined not relevant.

The Government reserves the right to consider other past performance information at its disposal, in addition to any information obtained from the references provided.

Page limitation for Volume II – Past Performance: The total number of pages submitted for Volume II (Past Performance) shall not exceed three (3) pages, excluding a cover letter, title page and table of contents. If Volume II contains more than three (3) pages, only the first three (3) pages will be evaluated.

Volume III – Business. The offeror shall include the following:

Completed Clause 252.209-7991 [Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law – Fiscal Year 2016 Appropriations (Deviation 2016-O0002) (Oct 2015)].

Acknowledgement of solicitation number N6264516R0008 as well as all amendments, if applicable.

Price - Adequate price competition is expected for this acquisition. Offeror shall submit individual line item pricing for each item and shall identify make, model and size, if applicable. Offerors shall submit firm-fixed pricing for the above requirement. Include commercial price lists; any FSS schedule numbers and pricing, if applicable; and, any applicable discounts to the government. Offerors shall include estimated timeframe, after receipt of order, for delivery of initial stock.

Offerors shall be registered in the System for Award Management (SAM) database in accordance with FAR 52.212-

3. The offeror shall verify its online representations and certifications are current, accurate, complete and applicable to this solicitation as of the date of its offer and are incorporated in its offer by reference. The offeror shall also be registered in SAM under the applicable NAICS code for this solicitation, 339115. Registration is free and can be completed on-line at https://www.sam.gov/portal/public/SAM/. No documentation is required to be submitted in response to this paragraph.

Questions

Any questions must be addressed to Jayme L. Fletcher at jayme.l.fletcher2.civ@mail.mil and Brian Miller at brian.d.miller1.civ@mail.mil, by e-mail only, no later than 1300 local time, Monday, 07 March 2016.

No phone calls will be accepted.

File Submission https://www.sam.gov/portal/public/SAM/ mailto:jayme.l.fletcher2.civ@mail.mil mailto:brian.d.miller1.civ@mail.mil

Only electronic files will be accepted. All responses should be submitted to Jayme L. Fletcher at jayme.l.fletcher2.civ@mail.mil and Brian Miller at brian.d.miller1.civ@mail.mil no later than 1300 local time, Wednesday, 30 March 2016.

Subject line should read: Solicitation #N62645-16-R-0008 Emails shall be no larger than 10 MB

The Technical, Past Performance and Business volumes shall be submitted via e-mail only. Files shall be in Microsoft Word, Microsoft Excel or Adobe PDF only.

All proposals shall include the following information on its cover page:

• Complete company name and address

• Company POC including title, email address and phone number

• Cage Code

• DUNS Number

• Place of Manufacture

Delivery

The estimated ordering period is 01 October 2016 through 30 September 2021. The Contracting Officer reserves the right to adjust the start date of the contract based on the actual award date.

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 30-SEP-2016 TO

29-SEP-2017

N/A NAVAL MEDICAL CENTER SAN DIEGO

OPHTHALMOLOGY DEPARTMENT

RECEIVING LOADING DOCK 1

34800 BOB WILSON DRIVE

SAN DIEGO CA 92134-5000

619-532-6791

N00259

1001 POP 30-SEP-2017 TO

29-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 30-SEP-2018 TO

29-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 30-SEP-2019 TO

29-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 30-SEP-2020 TO

29-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

Period for Acceptance of Offers

The period for acceptance of offers is 90 days after the closing date of the solicitation.

Pre-Contract Costs

The Contractor will not be reimbursed for any costs incurred prior to the effective date of the contract.

BASIS FOR AWARD

mailto:jayme.l.fletcher2.civ@mail.mil mailto:brian.d.miller1.civ@mail.mil

The government intends to award at least two (2) firm-fixed price, indefinite delivery/indefinite quantity (ID/IQ) contracts resultant from the issuance of this solicitation to the responsible offerors submitting a proposal that is determined most advantageous to the Government, price and other factors considered. The evaluation of proposals will be based on an evaluation of Technical, Past Performance and Business volumes submitted by each offeror.

Awards under this procurement will be made to the offeror determined to be the best value to the Government.

In the evaluation of all offerors’ proposals, Technical is significantly more important than Past Performance;

Technical and Past Performance are significantly more important than Price. Since awards will be made on a best value basis, the Contracting Officer reserves the right to award to other then the lowest priced offeror providing the prices are determined fair and reasonable.

The Government intends to evaluate proposals and award at least two (2) contracts without discussions with offerors. Offerors are therefore cautioned that their initial offer should contain the offeror’s best terms. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

Contract awards will be based on an evaluation of Technical, Past Performance and Business submissions. It is necessary to place an order to satisfy a minimum guarantee. All successful contract awardees are guaranteed a minimum delivery order award totaling $5,000.

The evaluation factors for Technical, Past Performance and Price are listed below; proposals shall include sufficiently detailed information to enable evaluation based on the following factors:

Volume I – Technical.

The government will evaluate each offer to determine the ability to conform to the characteristics outlined in the Statement of Requirements.

The Government will not assume that the offeror possesses any capability or knowledge unless it is specified in the Technical volume.

Volume II – Past Performance.

The Government will first evaluate the offeror’s Past Performance Information Sheets to determine whether the company has provided relevant Past Performance. A determination of relevant or not relevant will be made for each Past Performance Information Sheet. A relevance determination may be made based solely on the information provided on the Past Performance Information Sheets. After obtaining additional information from the POC named on the Past Performance Information Sheets the past performance information may be determined not relevant.

The Government is not restricted from evaluating and considering other relevant Past Performance information in its possession and may contact references for that information. Past performance information may be obtained from any other sources available to the Government, such as Past Performance Information Retrieval System (PPIRS) and interviews with Contracting Officer’s Representatives/Technical Liaisons.

The Government will then review past performance information and determine the quality and usefulness as it applies to the performance confidence assessment. The past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance in supplying products that meet the contract’s requirements. One performance confidence assessment rating is assigned for each offeror after evaluating the offeror’s recent past performance, focusing on performance that is relevant to the contract requirements.

Volume III – Business.

Adequate price competition is expected for this acquisition. The Business volume will be evaluated with consideration to the following factors:

COMPLETENESS. The offeror’s Business volume will be examined to ensure all items required in the Instructions to Offeror’s have been submitted and are complete.

REASONABLENESS. The offeror’s proposed line item prices will be evaluated to determine the degree to which the line item prices compare to the prices a reasonable prudent person would expect to incur for the same or similar equipment/services. Since awards will be made on a best value basis, the Contracting Officer reserves the right to award at a premium, provided that the proposed line item prices are determined to be reasonable.

In accordance with FAR 15.306(c), “Competitive Range”, the Government will evaluate all proposals and, if discussions are to be conducted, the Government will establish a competitive range. Based on the ratings of each proposal against all evaluation criteria, the Contracting Officer will establish a competitive range comprised of all the most highly rated proposals. The Contracting Officer may further reduce the competitive range for purposes of efficiency.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://farsite.hill.af.mil

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-13 System for Award Management Maintenance JUL 2013 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)

OCT 2015

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014 http://farsite.hill.af.mil/

CLAUSES INCORPORATED BY FULL TEXT

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 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.)

XX (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 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).

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).

XX (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.

XX (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.

XX (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).

XX (22) 52.219-28, Post Award Small Business Program Representation (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)).

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 2014) (E.O. 3126).

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

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

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

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

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

XX (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.)

____ (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.

XX (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).

XX (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)).

XX (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 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 2014) (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 (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) 52.219-8, 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 (l) 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 (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).

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

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

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

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (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.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 30 September 2021.

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013)

(a) Definitions. As used in this clause'

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;

and serial number within the original part, lot, or batch number.

Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission

(IEC) 16022.

Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

Government's unit acquisition cost means--

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise (e.g., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000) Number), European Health Industry Business Communication Council (EHIBCC) and Health Industry Business Communication Council (HIBCC)), as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC-15459.htm.

Issuing agency code means a code that designates the registration (or controlling) authority for the…