17-R-0029_RFP.docx
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- Painting, Plating and Coating MAC IDIQ Federal contract opportunity
- Solicitation number
- N6893617R0029
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17-R-0029 RFP
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N6893617R0029
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
| Name: | Agapito Santana |
| Phone: | (760) 939-2866 |
| DSN: | 437- 2866 |
| FAX: | (760) 939- 8144 |
Email address: agapito.santana@navy.mil
U.S. Postal Service Mailing Address:
| COMMANDER |
| CODE 254210D A. Santana – 760-939-2866) |
| NAVAIRWARCENWPNDIV |
| 429 E. BOWEN RD. MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
Direct Delivery Address (UPS, FedEx, etc.):
| COMMANDER |
| CODE 254210D (A. Santana) |
| 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 |
| Lot |
Painting, Plating and Coating
FFP
The contractor shall process and deliver products plating on a Delivery Order (DO) basis in accordance with Section C Statement of Work herein and as specified in each Delivery Order. The contract ordering period is five years, also referred to herein as a five year period of performance.
FOB: Destination
NSN: 68501000000840
PURCHASE REQUEST NUMBER: 1300630103
NET AMT
Section C - Descriptions and Specifications
SOW
STATEMENT OF WORK
PAINTING, PLATING, AND COATING
08 March 2017
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 delivery order 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 process 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 and NAWCWD-PM (Point Mugu), 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 the contractor shall be capable of accepting applicable information in this format.
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. In these instances, a reasonable distance for Government transportation would be within 200 miles of the Government site at NAWCWD-CL or NAWCWD-PM. 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 and NAWCWD-PM AMTD as defined in paragraph 5.2.
5.2 PACKING AND SHIPPING
Shipping and preservation shall be by best commercial practice with delivery to the following locations:
China Lake Address:
NAWCWD China Lake 1900 N Knox Rd Bldg 5, Room 100D China Lake, CA 93555 Attn: (Government Representative and phone number) Michelson Lab, West Gate
Pt Mugu Address:
NAWCWD Pt Mugu 475200E Attn: (Ordering Officer/End User) Ronald Reagan Blvd, B-3012 575 “I” Avenue, Suite 1 Pt Mugu CA 93042-5049
Section D - Packaging and Marking
| 5252.247-9508 | PROHIBITED PACKING MATERIALS (NAVAIR)(JUN 1998) |
| The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use. |
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
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 08-OCT-2017 TO |
07-OCT-2022
| N/A |
| CDR NAWCWD CODE 475000D |
TONY SMALL
1900 N. KNOX ROAD, WING 8 (WEST END) MACHINE
STOP 6621, BUILDING 00005, ROOM 100D
CHINA LAKE CA
760-939-0663 FOB: Destination N68936
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| F-TXT-10 | SHIPPING INSTRUCTIONS (CHINA LAKE) (MAR 2017) | |
| Access requirements: | ||
| Badge Requests | 760-939-3705 (Submit 3 business days prior to scheduled delivery. If delivery driver has |
not previously had base access, an additional SECNAV 5512/1 form will need to be completed 2 weeks in advance of first delivery for background check processing).
Vehicle Documents Current vehicle registration, current proof-of-insurance, proof of citizenship if driver is non-US citizen.
Delivery Days Monday through Thursday. For orders scheduled for Friday delivery, please contact the Ordering Officer to make alternative delivery arrangements.
Contact Phones:
China Lake 760-939-3160 (Base Access), Hours 0700-1530 (7am-3:30pm) Monday through Thursday, and please call to verify hours on alternating Fridays.
760-939-0377 (Ordering Officer) Pt Mugu 805-982-4371 (may go to voicemail; however, messages will be responded to).
Unless special arrangements are made PRIOR to the delivery, after the 4pm cut-off 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 FLCSD400G | ||
| Bldg. 1024, Blandy Ave. | ||
| N68936XXXXXXX | ||
| China Lake, CA 93555-6100 | ||
| Attn: | ||
| Code & Phone: |
Or as otherwise specified in each DO. The location identified in the Delivery Order recorded on the Bill of Lading is where shipments MUST be delivered.
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.
DOCK HOURS are Monday through Thursday, and Alternating Fridays, 0730-1530. If you anticipate making delivery on a Friday please call Receiving at (760)939-2305 to verify receiving dock hours.
Section G - Contract Administration Data
| 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. |
*to be completed at time of award
| G-TXT-03 | CONTRACTOR ACCESS TO NAVAL AIR WARFARE CENTER WEAPONS DIVISION CHINA LAKE |
| Contractors requiring access to the Naval Air Warfare Center Weapons Division China Lake are required to enroll with RAPIDGate or obtain a day pass from the Pass and ID Office. The Government will not be responsible for work delays or work stoppages due to failure to comply with these access requirements. Questions should be directed to Tina Todd at (760)939-3154. |
| 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. |
*to be completed at time of award
Section H - Special Contract Requirements
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 $3,500.00 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. RFQ # and or PLAN#
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 $3,500.00
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.
| 5252.211- 9510 | 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. |
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 |
| 52.203-17 |
| Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights |
| APR 2014 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-7 |
| System for Award Management |
| OCT 2016 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2016 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2016 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.204-22 |
| Alternative Line Item Proposal |
| JAN 2017 |
| 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 |
| NOV 2015 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| JAN 2017 |
| 52.219-6 |
| Notice Of Total Small Business Set-Aside |
| NOV 2011 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| NOV 2016 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| JUL 2013 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| OCT 2016 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| SEP 2016 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| OCT 2015 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUL 2014 |
| 52.222-37 |
| Employment Reports on Veterans |
| FEB 2016 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.222-54 |
| Employment Eligibility Verification |
| OCT 2015 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-11 |
| Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. |
| JUN 2016 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.227-1 |
| Authorization and Consent |
| DEC 2007 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.232-36 |
| Payment by Third Party |
| MAY 2014 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 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 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| FEB 2014 |
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
| 252.204-7011 |
| Alternative Line Item Structure |
| SEP 2011 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| OCT 2016 |
| 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 Country that is a State Sponsor of Terrorism |
| OCT 2015 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic (Dec 2016) |
| DEC 2016 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2016 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| DEC 2016 |
| 252.225-7013 |
| Duty-Free Entry--Basic (May 2016) |
| MAY 2016 |
| 252.225-7016 |
| Restriction On Acquisition Of Ball and Roller Bearings |
| JUN 2011 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| SEP 2004 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 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 |
| APR 2014 |
| 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 (DEVIATION 2013-O0019)(JAN 2017) | ||
| (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 (Oct 2015)(41 U.S.C. 3509). | |||
| (ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016)(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 (Sept 2016)(E.O. 11246). | |||
| (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). | |||
| (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793). | |||
| (viii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)(E.O. 13706). | |||
| (ix) 52.222-37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212). | |||
| (x) 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. | |||
| (xi) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. Chapter 67). | |||
| (xii)[ ](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). | |||
| (xiii) 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). | |||
| (xiv) 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). | |||
| (xv) 52.222-54, Employment Eligibility Verification (Oct 2015). | |||
| (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015)(E.O. 13658). | |||
| (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673)(Oct 2016)(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and contracts issued after April 24, 2017.). | |||
| NOTE TO PARAGRAPH (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. | |||
| (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673)(Oct 2016). | |||
| (xix) 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). | |||
| (xx) 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. | |||
| (xxi) 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 $100.00, 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 $10,000.00 ; | ||
| (2) Any order for a combination of items in excess of $100,000 ; or | ||
| (3) A series of orders from the same ordering office within 7 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 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 30 days after the ordering period ends. |
| 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. |
Section J - List of Documents, Exhibits and Other Attachments
Exhibit/Attachment Table of Contents
| DOCUMENT TYPE |
| DESCRIPTION |
| PAGES |
| DATE |
| Attachment 1 |
| Initial Order Blank stamp Drawing |
| 1 |
| 21-MAR-2017 |
| Attachment 2 |
| Past Performace Questionnaire |
| 2 |
| 30-MAR-2017 |
Section K - Representations, Certifications and Other Statements of Offerors
| 52.225-25 |
| Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. |
| OCT 2015 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| NOV 2011 |
| 252.222-7007 |
| Representation Regarding Combating Trafficking in Persons |
| JAN 2015 |
| 52.209-7 | INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) | |||
| (a) Definitions. As used in this provision-- | ||||
| “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. | ||||
| “Federal contracts and grants with total value greater than $10,000,000” means-- | ||||
| (1) The total value of all current, active contracts and grants, including all priced options; and | ||||
| (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). | ||||
| “ Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). | ||||
| (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. | ||||
| (c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: | ||||
| (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: | ||||
| (i) In a criminal proceeding, a conviction. | ||||
| (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. | ||||
| (iii) In an administrative proceeding, a finding of fault and liability that results in-- | ||||
| (A) The payment of a monetary fine or penalty of $5,000 or more; or | ||||
| (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. | ||||
| (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. | ||||
| (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. | ||||
| (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database at http://www.acquisition.gov (see 52.204-7). |
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (JAN 2017) - ALTERNATE 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 located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the offeror shall complete only paragraphs (c) through (u) of this provision.
| (a) Definitions. As used in this provision: | |||||
| "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. | |||||
| "Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. | |||||
| "Civil judgment" means- | |||||
| (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. | |||||
| (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. | |||||
| "DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, 'Fair Pay and Safe Workplaces'". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces. | |||||
| "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. | |||||
| "Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are-- | |||||
| (1) Department of Labor Wage and Hour Division (WHD) for -- | |||||
| (i) The Fair Labor Standards Act; | |||||
| (ii) The Migrant and Seasonal Agricultural Worker Protection Act; | |||||
| (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act: | |||||
| (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; | |||||
| (v) The Family and Medical Leave Act; and | (vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); | ||||
| (2) Department of Labor Occupational Safety and Health Administration (OSHA) for -- | |||||
| (i) The Occupational Safety and Health Act of 1970; and | |||||
| (ii) OSHA-approved State Plans; | |||||
| (3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for -- | |||||
| (i) Section 503 of the Rehabilitation Act of 1973; | |||||
| (ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and | |||||
| (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); | |||||
| (4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and | |||||
| (5) Equal Employment Opportunity Commission (EEOC) for -- | |||||
| (i) Title VII of the Civil Rights Act of 1964; | |||||
| (ii) The Americans with Disabilities Act of 1990; | |||||
| (iii) The Age Discrimination in Employment Act of 1967; and | |||||
| (iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). | |||||
| "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. 395(c). | |||||
| "Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters. | |||||
| "Labor laws" means the following labor laws and E.O.s: | |||||
| (1) The Fair Labor Standards Act. | |||||
| (2) The Occupational Safety and Health Act (OSHA) of 1970. | |||||
| (3) The Migrant and Seasonal Agricultural Worker Protection Act. | |||||
| (4) The National Labor Relations Act. | |||||
| (5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. | |||||
| (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. | |||||
| (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). | |||||
| (8) Section 503 of the Rehabilitation Act of 1973. | |||||
| (9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. | |||||
| (10) The Family and Medical Leave Act. | |||||
| (11) Title VII of the Civil Rights Act of 1964. | |||||
| (12) The Americans with Disabilities Act of 1990. | |||||
| (13) The Age Discrimination in Employment Act of 1967. | |||||
| (14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors). | |||||
| (15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html). | |||||
| "Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws". | |||||
| "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. | |||||
| "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. | |||||
| "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. | |||||
| "Small disadvantaged business concern" consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that -- | |||||
| (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by -- | |||||
| (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and | |||||
| (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); | |||||
| (2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. | |||||
| "Subsidiary" means an entity in which more than 50 percent of the entity is owned-- | |||||
| (1) Directly by a parent corporation; or | |||||
| (2) Through another subsidiary of a parent corporation. | |||||
| "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. | |||||
| "Veteran-owned small business concern" means a small business concern- | |||||
| (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) 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 veterans; and | |||||
| (2) The management and daily business operations of which are controlled by one or more veterans. |
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