13-T-0164_Amd_0002_Synopsis.pdf
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- Solicitation number
- N6893613T0164
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C DR N AWCWD C ODE 254100D
ATTN : C. KI NMAN
(760) 939-0356
429 E. BOWEN R D. - STOP 4015
C HINA LAKE CA 93555-6108
(760) 939-0356
(760) 939-0528
UN DER DPAS (15 CF R 700)
11. DELIVERY FOR FOB
R FQ
SEE SC HED ULE
14. METH OD OF SOLIC ITATION
IFB R FP
CODE
SEE ADDENDUM
BLOCK IS MAR KED
DESTIN ATION UN LESS
12. D ISC OUN T TERMS
(N o C ol lect C all s)
13b. RATIN G
13a. THIS CONTRAC T IS A R ATED OR DER
X
CODE
N68936-13-T-0164 03-Jul-2013
b. TELEPHON E NU MBER
(760) 939-0356
8. OFFER D UE DATE/LOC AL TIM E
01:00 PM 22 Jul 2020
5. SOLICITATION N UMBER 6. SOLIC ITATION ISSUE D ATE
AUTHORIZ ED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Pr es cribed by GSA
FA R (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATUR E OF CON TR ACTIN G OFFIC ER) 31c. DATE SIGNED
ADD END A ARE
26. TOTAL AWARD AMOU NT (F or Gov t. U se Only)
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS AC QUISITION IS
U NRESTRIC TED
FAX:
NAICS:
TEL:
C ODE 18a. PAY MEN T WI LL BE MADE BYOF FEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
N68936
SIZE STD:
9. ISSU ED BY
FACILITY
CODE
17a.CONTRAC TOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO C ODE 16. AD MINI STER ED BY
SEE SCHEDULE
7. FOR SOLICITATION
IN FOR MATION C ALL:
a. NAME
CORINNA KINMAN
2. CONTR AC T N O. 3. AWARD /EFFEC TIVE D ATE 4. OR DER N UM BER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLI CITATI ON I NCOR POR ATES BY R EF ERENC E F AR 52. 212-1. 52.212-4. F AR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOU NTING AN D APPROPRIATION DATA
1. R EQU ISITION N UM BER
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
332813
TO I SSUING OF FI CE. CON TR AC TOR AGREES TO F URN ISH AN D DELIVER ALL ITEMS
SET FORTH OR OTH ERWISE IDENTIF IED ABOVE AND ON ANY AD DITIONAL SHEETS
SUBJECT TO THE TER MS AND CONDITIONS SPECI FI ED HER EIN .
SB
HUBZONE SB
SET ASI DE: 100 % FOR
OF FERO R T O COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACH ED
27b. CONTRACT/PURC HASE ORD ER INCORPORATES BY REF ER ENC E FAR 52.212-4. FAR 52.212-5 IS ATTAC HED . ADD END A ARE ARE NOT ATTACH ED
TEL: EMAIL:
COPIES
(BLOC K 5), IN CLUDIN G ANY ADD ITIONS OR CHANGES WHICH AR E
SET FOR TH HEREIN, IS ACC EPTED AS TO ITEMS:
.OFF ER DATED YOUR OFFER ON SOLICITATI ON
28. CONTRACTOR IS REQUIR ED TO SIGN TH IS DOCU MENT AN D RETURN 29. AWARD OF CONTRACT: R EF ER ENC E
8(A)
SVC -DISABLED VET-OWNED SB
EMER GING SB
X
X
32g. E-MAIL OF AUTH ORI ZED GOVER NMEN T REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. A MOUNT
PAGE 2 OF
23. UNIT PRICE
ACC EPTED, AN D CON FORMS TO TH E CONTRAC T, EXCEPT AS N OTED: ______________________________________________________
32a. QUANTITY IN C OLUMN 21 HAS BEEN
RECEIVED I NSPEC TED
32b. SIGNATUR E OF AUTHORI ZED GOVERN MENT
R EPR ESENTATI VE
32c. DATE 32d. PRIN TED N AME AN D TITLE OF AUTH ORI ZED GOVER NMEN T
REPR ESENTATIVE
32e. MAILI NG ADDR ESS OF AU THORIZED GOVERN MENT R EPR ESENTATI VE 32f . TELEPHONE N UMBER OF AUTH OR IZED GOVER NMEN T REPRESEN TATIVE
37. CH EC K NU MBER
FIN ALPAR TIALC OMPLETE
36. PAY MENT35. AMOUN T VER IF IED
CORREC T FOR
34. VOUC HER N UMBER
FIN AL
33. SH IP NU MBER
PARTIAL
38. S/ R ACC OU NT N UMBER 39. S/R VOU CH ER NU MBER 40. PAID BY
41a. I C ER TIFY TH IS ACC OU NT I S CORREC T AN D PR OPER F OR PAYMEN T
41b. SI GN ATU RE AND TITLE OF C ER TIFYI NG OF F ICER 41c. D ATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Locat ion)
42c. DATE REC'D (YY/ MM/DD) 42d. TOTAL C ON TAI NERS
STANDARD FORM 1449 (REV 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
A UTHORIZED FOR LOCAL REPRODUCTION
PREV IOUS EDITION IS NOT USA BLE
REQUIREMENTS CLARIFICATIONS
In accordance with Section L a multiple award contract will be awarded. This means that after the basic contracts are awarded each order will be competed between the "winning" contractors. Section H addresses the order placement process. Plating, painting, and coating is required for a variety of items which will be identified in each competed order.
**Section L of the solicitation defines the Instructions to Offerors.
**Proposals received will be compared and evaluated based upon the criteria designated in Section M.
The selected companies will be awarded and eligible to compete for subsequent orders. Please note the evaluation factors. Proposals will be evaluated foremost on demonstrated technical capability, then past performance, THEN pricing of the sample order. Also important to note is that Technical Capability and Past Performance when combined are SIGNIFICANTLY more important than price.
Pricing of the sample order is important since it will be used as a determining factor (e.g. when tech capability and past performance are determined to be equal to other submissions). However, it is the least important factor based on the criteria identified in Section M of the Solicitation.
-A proposal needs to be submitted that demonstrates the offeror’s technical ability to provide the product/service in accordance with the SOW requirements. Information re testing, certification, processes, etc must be provided.
- Offerors need to indicate the location in the proposal *where* the particular requirement is addressed using the matrix provided in Section L
-Shipping should be included with the sample order. The proposal quote should reflect what would be submitted on a standard quote issued in response to a RFQ.
-Past performance information is also required as identified by #10 in Section L.
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
Name: CORINNA KINMAN Phone: (760) 939- 0356
DSN: 437- 0356
FAX: (760) 939- 0528
Email address: corinna.kinman@navy.mil
U.S. Postal Service Mailing Address:
COMMANDER
CODE 254100D (C. KINMAN 760-939-0356)
NAVAIRWARCENWPNDIV
429 E. BOWEN RD. MAIL STOP 4015
CHINA LAKE, CA 93555-6108
Direct Delivery Address (UPS, FedEx, etc):
COMMANDER
CODE 254100D (C. KINMAN)
NAVAIRWARCENWPNDIV
BLDG 982, MAIL STOP 4015
CHINA LAKE, CA 93555-6108
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lot Painting, Plating, and Coating
FFP
The contractor shall provide painting, plating, or coating on a Delivery Order (DO) basis in accordance with Section C, Statement of Work (SOW), of Basic Contract.
FOB: Destination
NET AMT
CONTRACT MINIMUM / MAXIMUM
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
$100.00 $1,250,000.00 *
* The maximum combined value of all orders issued under all awarded contracts for solicitation N68936-13-T-0164 shall not exceed $1,250,000.
Section C - Descriptions and Specifications
STATEMENT OF WORK
PAINTING, PLATING, AND COATING
Statement of Work
20 May 2013
1.0 SCOPE
The Applied Manufacturing Technology Division (AMTD, Code 475000D) of the Naval Air Warfare Center Weapons Division, China Lake, CA (NAWCWD-CL) intends to procure painting, plating, and coating of various AMTD products over a 5-year period. The products procured will be separately ordered and priced (includes shipping & handling) at the time each DO is placed. For each order the contractor shall provide supporting documentation and certification verifying compliance to the applicable specification requirement(s).
2.0 APPLICABLE DOCUMENTS
The actual painting, plating, or coating specification required for each product will be defined in each DO. Any applicable revisions shall be the version in affect at the time the DO is issued, unless otherwise specified in writing by the Government.
3.0 REQUIREMENTS
3.1 GENERAL
The contractor shall procure and deliver products in accordance with this SOW. At a minimum the contractor shall have the ability to provide the following processes: Sulfuric Anodize, Black Oxide, Copper, Electroless Nickel, Gold, Hard Anodize, Solid Film Lubricant, Nickel, Passivate, Phosphate, Rhodium, Silver, Tin, Tin Lead, Vacuum Cadmium, Zinc, Galvanizing, and Powder. Each DO will define the required products and any special preparation or packing pertinent to the specific order. A reasonable and accurate delivery schedule will be required for each DO.
The contractor shall be responsible for delivery of compliant items to AMTD at NAWCWD-CL, as defined in each
DO.
3.1.1 The contractor shall deliver painting, plating, and coating of products per the requirements set forth in individual DO’s utilizing Government-provided drawings, data files, and instructions. As drawings, data files, and instructions will be transmitted via electronic mail or telefax the contractor shall be capable of accepting applicable information in these forms.
3.1.2 The contractor shall maintain capability and/or access to subcontract capability, to meet AMTD needs and requirements for painting, plating, and coating.
3.1.3 Orders issued under this contract will be considered time critical; therefore, special delivery requirements will be implemented. The Government reserves the right to hand carry, and/or pick up, items at the contractor’s site.
Specific pickup and/or delivery requirements will be defined in each DO.
3.1.4. Conformance certificates shall be provided and accompany the finished items. Certification will be based upon the applicable specifications cited within each DO. These include process inspections and any applicable inspection data.
4.0 QUALITY ASSURANCE REQUIREMENTS
4.1 The Government reserves the right to "inspect-at-source" supplies and/or services as it deems necessary.
Government inspection shall not constitute acceptance, nor shall it replace contractor inspection or otherwise relieve the contractor of its responsibility to furnish an acceptable end item.
4.2 Inspection and test records shall indicate the nature of the observations, number of observations made, and the number and type of deficiencies found, if any. Inspection and test data and test records shall be complete, accurate, and suitable for trend analysis and corrective action effectiveness assessment, if applicable.
4.3 Inspection and test equipment shall be traceable to National Bureau of Standards (NBS). Use of such equipment shall be maintained within established calibration/recalibration guidelines, recall status, and usage dates.
4.4 Material certifications, process certifications, and applicable inspection data documenting conformance to applicable specifications cited in individual DOs shall be supplied with the finished items.
5.0 SPECIAL CONSIDERATIONS
5.1 Delivery Schedule: Products procured as part of this contract are considered time critical; therefore, timely delivery of the subject material products is paramount. The optimum delivery time is considered 3 to 14 days;
however, the exact delivery requirements will be specified in individual DOs.
5.1.1 The contractor shall be responsible for delivery of all products to NAWCWD-CL AMTD as defined in paragraph 5.2.
5.2 PACKING AND SHIPPING
Shipping and preservation shall be by best commercial practice with delivery to China Lake, CA.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)
(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.
(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.Appendix F--Material Inspection and Receiving Report
Section F - Deliveries or Performance
DELIVERY INFORMATION
DELIVERIES AND PERFORMANCE
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS
0001 * * *
*To be specified in each Delivery Order
CLAUSES INCORPORATED BY REFERENCE
52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991
SHIPPING INSTRUCTIONS (CHINA LAKE) (DEC 2010)
Access Requirements:
Delivery Hours 0700-1600 (7AM-4PM).
Delivery Days Mondays through Thursdays, non-Flex (or Furlough) Fridays, excepting Federal
Holidays. If you anticipate making delivery on a Friday please call to verify receiving dock hours.
Badge Requests 760-939-3705 (Submit/obtain a minimum of 24 hours prior to scheduled delivery).
Vehicle Documents Current vehicle registration, current proof of insurance, proof of citizenship if driver is non-US citizen.
Contact Phones:
China Lake 760-939-3705 (Base Access), 760-939-2136 (Ordering Officer), 760-939-7217
(Alternate).
Pt. Mugu 805-989-7732 (may go to voicemail; however, messages will be responded to).
Unless special arrangements are made PRIOR to delivery, after the 4pm cut-off delivery vehicles will be turned from the gate and no items will be accepted.
**SHIP TO: NAVAL AIR WARFARE CENTER WEAPONS DIVISION (NAWCWD)
Receiving Officer, Code 475000D Bldg. 0005
N68936-XX-X-XXXX
China Lake, CA 93555-6100 Attn:Applied Manufacturing Technology Division (AMTD) Code & Phone:POC as designated in each Delivery Order
**The location identified in the Contract/Order recorded on the Bill of Lading is where the shipments MUST be delivered. NOTE: Shipments shall not be delivered to Central Receiving.
Failure to mark each shipping label and packing list as indicated above may result in return of shipment at your expense, or will cause a delay in processing your invoice for payment.
Section G - Contract Administration Data
CONTRACTOR’S AUTHORIZED CONTRACT COORDINATOR AND TECHNICAL
LIAISON (NAVAIR)(OCT 2005)
(a) The contractor shall state below the name and telephone numbers of the contractor’s employees responsible for coordination of contract functions/liaison with the Contracting Officer and/or Contract administrator, and providing technical assistance as required regarding product specifications, functionality, etc.
CONTRACT COORDINATOR:
NAME: ________*_______________________________
PHONE (BUS): ___________________________________
PHONE (AFTER HOURS): _________________________
ALTERNATE:
NAME: _______________________________________
PHONE (BUS): ___________________________________
PHONE (AFTER HOURS): _________________________
(b) The contractor shall notify the Contracting Officer and/or Contract Administrator in advance, in writing, of any changes in the above listed personnel.
*To be completed at Award.
PAYMENT BY GOVERNMENT PURCHASE CARD (MAR 2003) - ALT I (MAY 2011)
This order will be paid with a Government Purchase Card.
Please contact ________*__________ at _____*______ for Government Purchase Card Instructions.
The Government Purchase Card may not be billed until the merchandise has been received, inspected, and accepted by the Government. The Point of Contact above must issue an email notifying acceptance of the delivery and approval of payment prior to each time the card is billed.
APPOINTMENT OF ORDERING OFFICER(S) (APR 2002)
(a) The following activity(ies) or individual(s) is/are designated as authorized Ordering Officer(s):
(b) The above activity(ies) or individual(s) is/are responsible for issuing and administering any orders placed hereunder. Ordering Officers may negotiate revisions/modifications to orders, but only within the scope of this contract. Ordering Officers have no authority to modify any provision of this basic contract. Any deviation from the terms of the basic contract must be submitted to the Procuring Contracting Officer (PCO) for contractual action.
Ordering Officers may enter into mutual no-cost cancellations of orders under this contract and may reduce the scope of orders/tasks, but Terminations for Convenience or Terminations for Default shall be issued only by the
PCO.
Section H - Special Contract Requirements
CONTRACTOR EMPLOYEES
CONTRACTOR EMPLOYEES (NAVAIR)(MAY 2011)
(a) In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating an impression to the public, agency officials, or Congress that such contractor personnel are Government officials. This can occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious to third parties. This list is not exhaustive. Therefore, the contractor employee(s) shall:
(1) Not by word or deed give the impression or appearance of being a Government employee;
(2) Wear appropriate badges visible above the waist that identify them as contractor employees when in Government spaces, at a Government-sponsored event, or an event outside normal work spaces in support of the contract/order;
(3) Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification shall include the name of the company for whom they work;
(4) Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conferences, and other interactions in which all parties are not in daily contact with the individual contractor employee; and
(5) Be able to provide, when asked, the full number of the contract/order under which they are performing, and the name of the Contracting Officer’s Representative.
(b) If wearing a badge is a risk to safety and/or security, then an alternative means of identification maybe utilized if endorsed by the Contracting Officer’s Representative and approved by the Contracting Officer.
(c) The Contracting Officer will make final determination of compliance with regulations with regard to proper identification of contractor employees.
GOVERNMENT INSTALLATION WORK SCHEDULE (NAVAIR)(OCT 2005) - ALT I
(OCT 2005)
(a) The Holidays applicable to this contract are: New Year’s Day, Martin Luther King’s Birthday, President’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.
(b) In the event that the contractor is prevented from performance as the result of an Executive Order or an administrative leave determination that applies to the using activity, such time may be charged to the contract as a direct cost provided such charges are consistent with the contractor’s accounting practices. In the event that any of the above holidays occur on a Saturday or Sunday, or Compressed Work Schedule Alternate Friday, then such holiday shall be observed as they are by the assigned Government employees at the using activity.
(c) The Naval Air Warfare Center Weapons Division works a compressed work schedule. Therefore alternate Fridays are not a part of the normal workweek for work performed on-site at a Naval Air Warfare Center Weapons Division site. The majority of the Government offices are closed on alternate Fridays.
(d) No deviation in the normal workweek will be permitted without express advance approval by the designated Contracting Officer with coordination of the using departments.
AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (NAVAIR) (JAN
1992)
(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.
(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.
(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:
PCO: Erin Strand Phone: 760-939-7309 Email: erin.strand@navy.mil
Address: NAWCWD (254200D) 429 E. Bowen Rd, Mail Stop 4015 China Lake, CA 93555-6108
ORDER PLACEMENT PROCEDURES
INTRODUCTION
The Government intends to allow all contract holders a fair opportunity to compete for orders under this requirement. Orders estimated at greater than $3,000.00 will be competed among contract holders. For purposes of this requirement, order is defined as the total estimated value of an entire order, and not individual line items or single unit price.
REQUEST FOR QUOTE (RFQ)
The Ordering Officer designated under the contracts will issue a request for quotation, via electronic mail.
This request will include:
a. Delivery Order number
b. Item(s) description
c. Quantity
d. Delivery date
e. Delivery point
f. Specifications or other documents, if necessary
g. Certifications, if necessary
h. Quotation submission deadline (date and time)
i. Evaluation and award procedures
CONTRACTOR’S QUOTE
The contractor’s quote shall include, as a minimum:
a. Unit price
b. Total order price, including shipping
c. Proposed delivery date
d. Origin of proposed materials
e. Other information as delineated in each RFQ
f. If subcontracting is contemplated, the quote shall include:
1. Name, address of subcontractor
2. Business size (Reference FAR 19.102). If subcontractor is a small business, include any additional small business subcategories which the subcontractor represents
3. NAICS Code for work or items provided by subcontractor
4. Price
5. Percent of work to be performed by the subcontractor
CLARIFICATIONS
Offerors may request the Ordering Officer to provide clarification of technical and delivery requirements;
however, questions and answers may be shared with all prospective contractors. Proprietary information will be protected, providing the offeror clearly identifies which data are proprietary and the Government agrees with the determination.
LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWL OF OFFERS
Quotes received after the deadline as specified in the RFQ are “late” and will not be considered unless it is the only offer received. Offerors may request that the Ordering Officer extend the deadline. If an extension is granted, all contractors who received the RFQ will be notified of the extension. Modifications and revisions must be received prior to the deadline date in order to be considered; however, modifications of an otherwise successful quote that make its terms more favorable to the Government will be considered at any time it is received and may be accepted. Revised offers may be withdrawn by written notice (email is acceptable) at any time before the exact time set for receipt of offers.
NO BID/NON INTEREST
Offerors are encouraged to indicate no-interest on RFQs issued by the Government. Frequent no-bid, no-interest, or non-responsiveness by any contract holder may result in termination for convenience.
DELIVERIES
Delivery times are considered critical. On-time and late deliveries will be tracked for all contractors.
Consideration to revise the delivery date may be proposed by vendors but must be of value to the Government. (Suggestions include free/expedited shipping, product discount, additional product, invoice reduction, etc.) Collection of consideration for late delivery will result in a modification to the Order. The scheduled delivery date will be changed to reflect the actual delivery date and Past Performance will NOT be impacted negatively.
The Ordering Officer will notify the Contracting Officer of any contractor who is consistently late in making deliveries. This may result in the Contracting Officer making a determination on a case-by-case basis that the contractor is excluded from competition on future orders.
EVALUATION/AWARD
Evaluation and award procedures will be tailored to each acquisition and will typically be issued either on the basis of price alone or with consideration of price and other factors (trade-off) as shown below. The evaluation and award procedures to be followed for each order will be indicated in the individual RFQs.
1. Low Price Technically Acceptable Evaluation
The Government may issue an order resulting from the RFQ to the lowest price offeror with satisfactory past performance whose offer conforms to the RFQ.
2. Tradeoff
The Government may issue an order resulting from the RFQ to the offeror whose offer conforming to the RFQ will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
a. Technical (proposing to supply the requested materials and any required certifications).
b. Delivery Date
c. Past Performance
d. Price
The Government will conduct evaluation of quotes. The Government will select the quotation that offers the greatest value to the Government. Notification will be given only to the successful offeror.
ORDERS LESS THAN $3,000.00
Orders valued at less than the competition threshold may be issued without a RFQ and issued to any contract awardee at the discretion of the Ordering Officer. However, the Government reserves the right to request a quote from any or all contract awardees.
ORDERS GREATER THAN $25,000.00
Orders that are estimated to exceed $25,000.00 will be competed using the procedures described herein;
however, the process will be conducted by the Contracting Officer and any ensuing orders will be issued on a SF 1449.
MODIFICATIONS TO PROCEDURES
These procedures may only be modified by mutual agreement of the Contracting Officer and each contract holder.
Section I - Contract Clauses
52.202-1 Definitions JAN 2012 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.203-7 Anti-Kickback Procedures OCT 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
JAN 1997
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
AUG 2012
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
DEC 2010
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
FEB 2012
52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-23 Limitations on Pass-Through Charges OCT 2009 52.219-4 Alt I Notice of Price Evaluation preference for HUBZone Small
Business Concerns (JAN 2011) Alternate I
JAN 2011
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-14 Limitations On Subcontracting NOV 2011 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies MAR 2012 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification JUL 2012 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-1 Buy American Act--Supplies FEB 2009 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
DEC 2012
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement
DEC 2007
52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-17 Interest OCT 2010 52.232-25 Prompt Payment OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor
Registration
OCT 2003
52.232-36 Payment by Third Party FEB 2010 52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.249-1 Termination For Convenience Of The Government (Fixed
Price) (Short Form)
APR 1984
52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Terrorist Country
DEC 2006
252.215-7000 Pricing Adjustments DEC 2012 252.225-7001 Buy American And Balance Of Payments Program DEC 2012 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 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
252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card
DEC 2006
252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES
OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2013)
(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(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)(Pub.L. 108-77, 108-78).
(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 shall check as appropriate.] [___] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).
[_X__] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
[_X__] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010)(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[__X_] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub.
L. 109-282) (31 U.S.C. 6101 note).
[___] (5) 52.204-11, American Recovery and Reinvestment Act - Reporting Requirements (Mar 2009)(Pub. L.
111-5) [_X__] (6 ) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).
[_X__] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012)(41 U.S.C. 2313).
[___] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)(section 738 of Division C of Public Law 112-74, section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Pub.L. 110-161).
[___] (9) 52.219-3, Notice of Total HUBZone Set-Aside (Nov 2011)(15 U.S.C. 657a).
[___] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
[___] (11) Reserved [__X_] (12)(i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
[___] (ii) Alternate I (Nov 2011) of 52.219-6.
[___] (iii) Alternate II (Nov 2011) of 52.219-6.
[___] (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003)(15 U.S.C. 644).
[___] (ii) Alternate I (Oct 1995) of 52.219-7.
[___] (iii) Alternate II (Mar 2004) of 52.219-7.
[___] (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).
[___] (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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 (Jul 2010) of 52.219-9.
[___] (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).)
[___] (17) 52.219-14, Limitations on Subcontracting (Nov 2011)(15 U.S.C. 637(a)(14)).
[___] (18) 52.219-16, Liquidated Damages - Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[___] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
[___] (ii) Alternate I (Jun 2003) of 52.219-23.
[___] (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[___] (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[___] (22) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657f).
[_X__] (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C.
632(a)(2)).
[___] (24) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012).
[___] (25) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012).
[_X__] (26) 52.222-3, Convict Labor (Jun 2003)(E.O. 11755).
[_X__] (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).
[_X__] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
[__X_] (29) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).
[_X__] (30) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2010)(38 U.S.C. 4212).
[_X__] (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)(29 U.S.C. 793).
[___] (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
[_X__] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
[___] (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 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 Products (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) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) [___] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
[___] (ii) Alternate I (Dec 2007) of 52.223-16.
[_X__] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) [_X__] (39) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).
[___] (40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (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 (Mar 2012) of 52.225-3.
[___] (iii) Alternate II (Mar 2012) of 52.225-3.
[___] (iii) Alternate III (Nov 2012) of 52.225-3.
[___] (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[_X__] (42) 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).
[___] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[___] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[___] (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[___] (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C.
2307(f)).
[X___] (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003)(31 U.S.C. 3332).
[___] (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).
[___] (49) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332).
[___] (50) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).
[___] (51)(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) 52.222-41, Service Contract Act of 1965, (Nov 2007)(41 U.S.C. 351, et seq.).
[___] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C.
351, et seq.).
[___] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).
[___] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[___] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Mar 2009)(41 U.S.C. 351, et seq.).
[___] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- -Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
[___] (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).
[___] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110- 247).
[___] (9) 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 paragraph (e)(1) of this paragraph 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010)(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 $650,000 ($1,500,000 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 (Jan 2013)(E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).
(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2010)(38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)(29 U.S.C. 793).
(vii) 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.
(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.
Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (Feb 2009)(41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).
Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv ) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from
* through * .
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
* To be completed at contract award.
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100 , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of $100,000.00 ;
(2) Any order for a combination of items in excess of $100,000.00 ; or
(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after * .
* To be completed at contract award
52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN
ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND
CERTIFICATION (DEC 2012)
(a) Definitions. As used in this provision “Person”-
(1) Means--
(i) A natural person;
(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business…
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