15-T-0320_RFQ_Solicitation.docx
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- Metals Federal contract opportunity
- Solicitation number
- N6893615T0320
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15-T-0320 RFQ Solicitation
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| First_Delivery_Order_Metal_Quote_Version_2.xlsx | XLSX spreadsheet | |
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| 15-T-0320_RFQ_Amendment.docx | DOCX document | |
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| First_Delivery_Order_Metal_Quote.xlsx | XLSX spreadsheet |
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N68936-15-T-0320
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
Title: Contract Specialist
| Name: | Eric Price |
| Phone: | (760) 939- 4616 |
| FAX: | (760) 939- 5694 |
Email address: eric.m.price@navy.mil
U.S. Postal Service Mailing Address:
| COMMANDER |
| CODE 254240D (Eric. Price– 760-939-4616) |
| NAVAIRWARCENWPNDIV |
| 429 E. BOWEN RD. MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
Direct Delivery Address (UPS, FedEx, etc.):
| COMMANDER |
| CODE 254240D (Eric. Price 760-939-4616) |
| NAVAIRWARCENWPNDIV |
| BLDG 982, MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
Title: Procuring Contracting Officer
| Name: | John Faria |
| Phone: | (760) 939-3728 |
| FAX: | (760) 939-5694 |
Email address: john.faria@navy.mil
U.S. Postal Service Mailing Address:
| COMMANDER |
| CODE 254240D (John. Faria– 760-939-3728) |
| NAVAIRWARCENWPNDIV |
| 429 E. BOWEN RD. MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
Direct Delivery Address (UPS, FedEx, etc.):
| COMMANDER |
| CODE 254240D (John. Faria 760-939-3728) |
| 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 |
| 1 |
| Each |
Miscellaneous Metal
FFP
This requirement is to procure various metal alloys in accordance to section C of the Statement of Work. This contract has a 5-year Ordering Period.
FOB: Destination
PURCHASE REQUEST NUMBER: 1300498016
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
STATEMENT OF WORK
1. SCOPE
The Threat/Target Systems Department, Target Systems Division, Surface Targets Engineering Branch (STEB) of the Naval Air Warfare Center, Weapons Division, Port Hueneme, CA intends to procure various type of metals in several different alloys, alloy specifications, forms, shapes, sizes, and heat treat levels. STEB will specify the applicable criteria for each requirement through the issuance of individual orders. The contractor shall provide supporting documentation and certification verifying compliance to applicable specification requirements, for each product ordered.
1. APPLICABLE DOCUMENTS
The actual alloy specification required for each product will be provided with each order from the Ordering Officer or Contracting Officer. Applicable revisions shall be the version in effect at the time of order issuance, unless otherwise specified in writing by STEB.
3.0 METAL MATERIAL PRODUCTS REQUIREMENTS
3.1 MANUFACTURING
The Contractor shall manufacture, or procure, and deliver material in accordance with this Statement of Work (SOW), and the requirements set forth in each applicable alloy specification. The alloys applicable to this procurement include: Aluminum, Brass, Bronze, Copper, Inconel, Invar, Lead, Magnesium, Molybdenum, Nickel, Stainless Steel, Steel, Titanium, and Tungsten. The forms the applicable alloys will be procured include: angle, channel, flat, forge, hex, hinge, H-beam, I-beam, pipe, plate, round, sheet, square tube, T-bar, grating, and tubing. Each individual order will delineate the required alloy, alloy specification, form, shape, size, heat treat level, and type of material certification required. A typical order might include three to fifteen items of the same or different alloys.
3.1.1 The Contractor shall have the ability to provide the following commonly stocked materials:
Aluminum 6061: Sheet, Plate, Extrusions, Pipe, Tubing, Grating, Grating Clamps Low Carbon Steel: Sheet Plate, Structural, Pipe, Tubing Alloy Steels: Sheet, Plate, Flats, Rounds Stainless Steels: Sheet, Plate, Flats, Rounds, Pipe, Tubing Copper and Brass Tool Steels
3.1.2 The Contractor shall have the ability to provide, at a minimum, the following specialty metals: Titanium, Tungsten, Nickel Alloys and Magnesium.
3.1.3 The Contractor shall have the ability to provide metals with the following preparatory processes: Blanchard Grinding, Centerless Grinding, Trepanning, Honing, Surface Grinding, Lapping, Heat Treating, Shearing, Forming and Polishing.
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 product.
4.2 Minimum certifications shall include description of material, physical (shapes and dimensions) and mechanical properties, and compliance to applicable specifications. A unique Lot number shall be on each Mill Certificate as well as the name and address of the originating Mill. All deviations from this requirement must be pre-approved by the Ordering Officer or Procuring Contracting Officer before the material is shipped. If there are Heat or other process Certificates on the material, those shall also be provided including any inspection and test report of hardness, HEAT LOT NUMBER, and name and address of processor.
4.3 All Contractor Inspection and Test equipment shall be traceable to National Institute of Standards and Technology (NIST). The contractor shall maintain such equipment within established calibration/recalibration guidelines, recall status, and usage dates.
4.4 Material Certifications, Process Certifications and applicable inspection data shall be included with the shipper on/with all material. Material received without all paperwork shall not be considered received until all paperwork is at STEB facility.
5.0 SPECIAL CONSIDERATIONS
5.1 ESTIMATES
The Contractor must be able to provide STEB Planner/Estimators with estimate quotes within two business days of request on standard or commonly stocked materials. For non-standard orders the time frame to provide estimate quotes will be designated in the Request for Quote for the Delivery Order.
5.2 DELIVERY SCHEDULE
Material 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 five to seven business days, however, the exact delivery requirements will be specified in each individual order.
The contractor is required to supply the material quoted and awarded. Failure to comply shall prompt a Vendor Corrective Action and/or a Notification of Lateness issuance based upon ISO 9001 standards. Prior approvals for material deliveries extending past the original delivery order requirements must be preapproved by the Ordering officer prior to shipping. If material received on site is non-compliant with the delivery order, it may be returned at the Contractors cost and the order may be terminated.
5.2.1 The contractor shall be responsible for delivery of all items to STEB as delineated in 5.3 below.
5.3 PACKING AND SHIPPING
Shipping and preservation shall be by best commercial practice with delivery to:
Ship to:
NAWC-WD
U. S. Navy - CBC - Seaborne Targets Code 53150ME, Bldg. 465D Port Hueneme, CA 93043 Attn: Jason Blissard Targets Compound, Victoria Gate
1. Order Placement Procedures
6.1 Introduction:
The Government intends to allow all contract holders a fair opportunity to compete for orders under this requirement. 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.
0. Request for Quote (RFQ):
The Ordering Officer designated under the contracts will issue a request for quotation, via electronic mail. This request will include:
1. Delivery Order number
1. Item(s) description
1. Quantity
1. Delivery date
1. Delivery point
1. Specifications or other documents, if necessary
1. Certifications, if necessary
1. Quotation submission deadline (date and time)
1. Evaluation and award procedures
0. Contractor’s quote:
The contractor’s quote shall include, as a minimum:
1. Unit price
1. Total order price, including shipping
1. Proposed delivery date
1. Origin of proposed materials
1. Other information as delineated in each RFQ
1. If subcontracting is contemplated, the quote shall include:
5. Name, address of subcontractor
5. Business size (Reference FAR 19.102). If subcontractor is a small business, include any additional small business subcategories which the subcontractor represents
5. NAICS Code for work or items provided by subcontractor
5. Price
5. Percent of work to be performed by the subcontractor
0. 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.
0. Late submissions, modifications, revisions, and withdrawal 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.
0. 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.
0. Deliveries:
Delivery times are considered critical. On-time and late deliveries will be tracked for all contractors. 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 that the contractor is excluded from competition on future orders.
0. Evaluation/Award:
Evalulation 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 as shown below. The evaluation and award procedures to be followed for each order will be indicated in the individual RFQs.
6.8.1 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.
6.8.2 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:
1. Technical (proposing to supply the requested materials and any required certifications).
1. Delivery Date
1. 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 successful offeror.
0. 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 DD 1155.
0. Modifications to procedures:
These procedures may only be modified by mutual agreement of the Contracting Officer and all contract holders.
0. FOREIGN MATERIALS PROCESS
Mill certifications showing the mill name and address may be required prior to evaluation of the quote for material originating from a foreign country. As per the Defense Federal Acquisition Regulation Supplement (DFARS), the Contracting Officer will evaluate the material based on mill certifications submitted by the contractor in compliance with the Office of Foreign Assets prior to approval of foreign material purchases. While DFARs-compliant material is acceptable, the Government preference is for domestic material.
0. BUY AMERICAN STATUTE
Per the Buy American Statute, the Government will purchase domestic supplies for use in the United States prior to the acquisition of foreign supplies. However, the DOD has determined it inconsistent with the public interest to apply restrictions of the Buy American Statute to the acquisition of qualifying country end products from the qualifying countries listed in the DFARS. As such, a qualifying country end item will be evaluated as equivalent to that of a domestic end item. When a domestic and qualifying country end item is unavailable for acquisition, the Government will procure material from foreign suppliers if it doesn’t fall under any of the restrictions listed in the DFARS and is under the Simplified Acquisition Threshold.
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 |
CLAUSES INCORPORATED BY REFERENCE
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
| E-TXT-04 | INSPECTION AND ACCEPTANCE (DESTINATION) (APR 2002) |
| Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity. |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC |
| 0001 |
| N/A |
| N/A |
| N/A |
| N/A |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
Section G - Contract Administration Data
| 252.232-7006 | WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) | |
| (a) Definitions, as used in this clause-- | ||
| "Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization. | ||
| "Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). | ||
| "Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system. | ||
| (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. | ||
| (c) WAWF access. To access WAWF, the Contractor shall-- | ||
| (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and | ||
| (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. | ||
| (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. | ||
| (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. | ||
| (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: | ||
| (1) Document type. The Contractor shall use the following document type(s). | ||
| ___________________________________________________________________________ | ||
| (Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.) | ||
| (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. | ||
| ___________________________________________________________________________ | ||
| (Contracting Officer: Insert inspection and acceptance locations or "Not applicable.") | ||
| (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. |
| Routing Data Table* | ||||
| Field Name in WAWF | Data to be entered in WAWF | |||
| Pay Official DoDAAC: | _________________________ | |||
| Issue By DoDAAC: | __N68936_____________ | |||
| Admin DoDAAC: | _________________________ | |||
| Inspect By DoDAAC: | _________________________ | |||
| Ship To Code: | _________________________ | |||
| Ship From Code: | N/A | |||
| Mark For Code: | N/A | |||
| Service Approver (DoDAAC): | N/A | |||
| Service Acceptor (DoDAAC): | N/A | |||
| Accept at Other DoDAAC: | N/A | |||
| LPO DoDAAC: | N/A | |||
| DCAA Auditor DoDAAC: | _________________________ | |||
| Other DoDAAC(s): | N/A | |||
| (*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.") | ||||
| (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. | ||||
| (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. |
(Contracting Officer: Insert applicable email addresses or "Not applicable.")
| (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. For Navy WAWF questions call DFAS Customer Care 1-800-756-4571 option 6 | |
| (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. |
| G-TXT-01 | ATTENTION! E-MAIL ADDRESS REQUIRED FOR DISTRIBUTION |
| All Naval Air Warfare Center Weapons Division Contracts/ Purchase Orders and other related documents are now distributed by electronic mail. | |
| Please provide the e-mail address to which distribution of contracts/purchase orders should be made. | |
| E-Mail Address:___________________________________________________ |
| G-TXT-02 | PAYMENT BY GOVERNMENT PURCHASE CARD (AUG 2015) |
| 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. | |
| The Point of Contact above must be notified each time the card is billed. |
Provided at time of award
| G-TXT-04 | 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. |
Provided at time of award
Section I - Contract Clauses
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-6 Alt I |
| Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I |
| OCT 1995 |
| 52.204-7 |
| System for Award Management |
| JUL 2013 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2015 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
| 52.209-9 |
| Updates of Publicly Available Information Regarding Responsibility Matters |
| JUL 2013 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| DEC 2014 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| MAY 2015 |
| 52.219-6 |
| Notice Of Total Small Business Set-Aside |
| NOV 2011 |
| 52.219-14 |
| Limitations On Subcontracting |
| NOV 2011 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| JAN 2014 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.232-17 |
| Interest |
| MAY 2014 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.232-36 |
| Payment by Third Party |
| MAY 2014 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| NOV 2011 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting. |
| SEP 2015 |
| 252.204-7014 |
| Limitations on the Use or Disclosure of Information by Litigation Support Contractors |
| FEB 2014 |
| 252.204-7015 |
| Disclosure of Information to Litigation Support Contractors |
| FEB 2014 |
| 252.205-7000 |
| Provision Of Information To Cooperative Agreement Holders |
| DEC 1991 |
| 252.215-7008 |
| Only One Offer |
| OCT 2013 |
| 252.222-7007 |
| Representation Regarding Combating Trafficking in Persons |
| JAN 2015 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic (Nov 2014) |
| NOV 2014 |
| 252.225-7008 |
| Restriction on Acquisition of Specialty Metals |
| MAR 2013 |
| 252.225-7009 |
| Restriction on Acquisition of Certain Articles Containing Specialty Metals |
| OCT 2014 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| FEB 2013 |
| 252.225-7050 |
| Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism |
| DEC 2014 |
| 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 |
| 252.237-7010 |
| Prohibition on Interrogation of Detainees by Contractor Personnel |
| JUN 2013 |
| 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 |
| 52.212-5 | CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019: SEP 2013)(APR 2015) | ||
| (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. | |||
| (b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 (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 (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. | |||
| (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). Flow down required in accordance with paragraph (1) of FAR Clause 52.222-17. | |||
| (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). | |||
| (v) 52.222-26, Equal Opportunity (Apr 2015)(E.O. 11246). | |||
| (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(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 (Jul 2014)(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 clause 52.222-40. | |||
| (x) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. Chapter 67). | |||
| (xi)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015)(22 U.S.C. chapter 78 and E.O. 13627). | |||
| (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 78 and E.O. 13627). | |||
| (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standard 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 Standard to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. Chapter 67). | |||
| (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). | |||
| (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 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. | |||
| (xvii) 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. |
| 52.216-19 | ORDER LIMITATIONS (OCT 1995) | |
| (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00 , 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 $150,000.00 ; or | ||
| (3) A series of orders from the same ordering office within 5 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 3 business 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 180 days after the ordering period expires. |
| 52.219-28 | POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | ||
| (a) Definitions. As used in this clause-- | |||
| Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. | |||
| Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. | |||
| (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: | |||
| (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. | |||
| (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. | |||
| (3) For long-term contracts-- | |||
| (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and | |||
| (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. | |||
| (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards/ . | |||
| (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. | |||
| (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations and Certification section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. | |||
| (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. | |||
| (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: | |||
| The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [_______] assigned to contract number [______________]. |
[Contractor to sign and date and insert authorized signer's name and title].
Signature Date Signer’s Printed Name Signer’s Title
| 52.232-40 | PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) |
| (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contractor or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. | |
| (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. | |
| (c) Include the substance of this clause, including this paragraph (c), in subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. |
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
| 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): https://www.acquisition.gov/far/ or http://farsite.hill.af.mil. |
| 52.252-6 | AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) |
| (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. | |
| (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. |
| 252.247-7023 | TRANSPORTATION OF SUPPLIES BY SEA - BASIC (APR 2014) | ||||
| (a) Definitions. As used in this clause- | |||||
| "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor. | |||||
| "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. | |||||
| "Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel. | |||||
| "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters. | |||||
| "Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract. | |||||
| "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea. | |||||
| (i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination. | |||||
| (ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing. | |||||
| "U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States. | |||||
| (b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract. | |||||
| (2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if- | |||||
| (i) This contract is a construction contract; or | |||||
| (ii) The supplies being transported are- | |||||
| (A) Noncommercial items; or | |||||
| (B) Commercial items that- | |||||
| (1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment); | |||||
| (2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or | |||||
| (3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643. | |||||
| (c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that- | |||||
| (1) U.S.-flag vessels are not available for timely shipment; | |||||
| (2) The freight charges are inordinately excessive or unreasonable; or | |||||
| (3) Freight charges are higher than charges to private persons for transportation of like goods. | |||||
| (d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum- | |||||
| (1) Type, weight, and cube of cargo; | |||||
| (2) Required shipping date; | |||||
| (3) Special handling and discharge requirements; | |||||
| (4) Loading and discharge points; | |||||
| (5) Name of shipper and consignee; | |||||
| (6) Prime contract number; and | |||||
| (7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose. | |||||
| (e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW., Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information: | |||||
| (1) Prime contract number; | |||||
| (2) Name of vessel; | |||||
| (3) Vessel flag of registry; | |||||
| (4) Date of loading; | |||||
| (5) Port of loading; | |||||
| (6) Port of final discharge; | |||||
| (7) Description of commodity; | |||||
| (8) Gross weight in pounds and cubic feet if available; | |||||
| (9) Total ocean freight in U.S. dollars; and | |||||
| (10) Name of steamship company. | |||||
| (f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-- | |||||
| (1) No ocean transportation was used in the performance of this contract; | |||||
| (2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; | |||||
| (3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or | |||||
| (4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format: |
| ITEM |
| CONTRACT LINE DESCRIPTION |
| QUANTITY ITEMS |
| ___________ |
| _____________ |
| __________ |
| TOTAL |
| ___________ |
| _____________ |
| __________ |
| (g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use. | |
| (h) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows: | |
| (1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. | |
| (2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. |
Section J - List of Documents, Exhibits and Other Attachments
Exhibit/Attachment Table of Contents
| DOCUMENT TYPE |
| DESCRIPTION |
| PAGES |
| DATE |
| Attachment 1 |
| First Delivery Order Metal Quote |
| 1 |
| 11-DEC-2015 |
Section K - Representations, Certifications and Other Statements of Offerors
| 52.209-7 |
| Information Regarding Responsibility Matters |
| JUL 2013 |
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (OCT 2015) - ALT I (OCT 2014) An offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifications electronically via the System for Award Management (SAM) Web site accessed through https://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the offeror shall complete only paragraphs (c) through (p) of this provision.
| (a) Definitions. As used in this provision: | |||
| “ Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. | |||
| “Forced or indentured child labor” means all work or service-- | |||
| (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or | |||
| (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. | |||
| “Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. | |||
| “Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. | |||
| “Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 359(c). | |||
| “Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except-- | |||
| (1) PSC 5510, Lumber and Related Basic Wood Materials; | |||
| (2) Product or Service Group (PSG) 87, Agricultural Supplies; | |||
| (3) PSG 88, Live Animals; | |||
| (4) PSG 89, Subsistence; | |||
| (5) PSC 9410, Crude Grades of Plant Materials; | |||
| (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; | |||
| (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; | |||
| (8) PSC 9610, Ores; | |||
| (9) PSC 9620, Minerals, Natural and Synthetic; and | |||
| (10) PSC 9630, Additive Metal Materials. | |||
| “Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. | |||
| “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-- | |||
| (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; | |||
| (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; | |||
| (3) Consist of providing goods or services to marginalized populations of Sudan; | |||
| (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; | |||
| (5) Consist of providing goods or services that are used only to promote health or education; or | |||
| (6) Have been voluntarily suspended. | |||
| “Sensitive technology--”- | |||
| (1) Means hardware, software, telecommunications equipment, or any other technology which is to be used specifically-- | |||
| (i) To restrict the free flow of unbiased information in Iran; or | |||
| (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and | |||
| (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3). | |||
| “Service-disabled veteran-owned small business concern”- | |||
| (1) Means a small business concern- | |||
| (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and | |||
| (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. | |||
| (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). | |||
| “Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. | |||
| 93Small disadvantaged business concern” consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that -- |
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