3._Section_2.pdf

NNJ15553635R SECTION 2

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SECTION 2 – FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

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(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

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(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712

2-5 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause) https://www.acquisition.gov/

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SECTION 2.A – ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS

2.01 LISTING OF CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference:

I. Federal Acquisition Regulation (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER

DATE TITLE

52.202-1

NOV 2013

DEFINITIONS

52.203-3 APR 1984 GRATUITIES

52.203-5 MAY 2014 COVENANT AGAINST CONTINGENT FEES

52.203-6 SEP 2006 RESTRICTIONS ON SUBCONTRACTOR

SALES TO THE GOVERNMENT -

ALTERNATE 1

52.203-12 OCT 2010 LIMITATION ON PAYMENTS TO

INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

52.203-17 APR 2014 CONTRACTOR EMPLOYEE

WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES

OF WHISTLEBLOWER RIGHTS

52.204-4 MAY 2011 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

52.204-9 JAN 2011 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

52.204-10 OCT 2015 REPORTING EXECUTIVE COMPENSATION

AND FIRST-TIER SUBCONTRACT AWARDS

52.204-13 JULY 2013 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

52.204-14 JAN 2014 SERVICE CONTRACT REPORTING

REQUIREMENTS

52.204-15 JAN 2014 SERVICE CONTRACT REPORTING

REQUIREMENTS FOR INDEFINITE-

DELIVERY CONTRACTS

52.204-16 JUL 2015 COMMERCIAL AND GOVERNMENT ENTITY

CODE REPORTING

52.204-17 NOV 2014 OWNERSHIP OR CONTROL OF OFFEROR

52.204-18 JUL 2015 COMMERCIAL AND GOVERNMENT ENTITY

CODE MAINTENANCE

52.209-6 OCT 2015 PROTECTING THE GOVERNMENT’S

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INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT

52.209-10 DEC 2014 PROHIBITION ON CONTRACTING WITH

INVERTED DOMESTIC CORPORATIONS

52.217-2 OCT 1997 CANCELLATION UNDER MULTI-YEAR

CONTRACTS

52.217-8 NOV 1999 OPTION TO EXTEND SERVICES

52.217-9 MAR 2000 OPTION TO EXTEND THE TERM OF THE

CONTRACT

Insert 30 in paragraph (a), first blank Insert 60 in paragraph (a), second blank Insert 4 years, 9 months in paragraph (c)

52.219-3 NOV 2011 NOTICE OF HUBZONE SET-ASIDE OR SOLE-

SOURCE AWARD

52.219-14 NOV 2011 LIMITATIONS ON SUBCONTRACTING

52.219-16 JAN 1999 LIQUIDATED DAMAGES –

SUBCONTRACTING PLAN

52.219-28 JUL 2013 POST-AWARD SMALL BUSINESS PROGRAM

REPRESENTATION

52.222-1 FEB 1997 NOTICE TO THE GOVERNMENT OF LABOR

DISPUTES

52.222-22 FEB 1999 PREVIOUS CONTRACTS AND COMPLIANCE

REPORTS

52.222-25 APR 1984 AFFIRMATIVE ACTION COMPLIANCE

52.222-43 MAY 2014 FAIR LABOR STANDARDS ACT AND

SERVICE CONTRACT LABOR STANDARDS –

PRICE ADJUSTMENT (MULTIPLE YEAR

AND OPTION CONTRACTS)

52.223-2 SEP 2013 AFFIRMATIVE PROCUREMENT OF

BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS.

(d) The environmental point of contact for this contract is:

Name: JSC Environmental Office Phone: (281) 483-6207 Email: JSC-Environmental-Office@nasa.gov

52.223-3 JUL 1995 HAZARDOUS MATERIAL IDENTIFICATION

AND MATERIAL SAFETY DATA -

ALTERNATE I

52.223-5 MAY 2011 POLLUTION PREVENTION AND RIGHT-TO-

KNOW INFORMATION

52.223-6 MAY 2001 DRUG-FREE WORKPLACE

52.223-10 MAY 2011 WASTE REDUCTION PROGRAM

52.223-17 MAY 2008 AFFIRMATIVE PROCUREMENT OF EPA-

DESIGNATED ITEMS IN SERVICE AND

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CONSTRUCTION CONTRACTS

52.223-18 AUG 2011 ENCOURAGING CONTRACTOR POLICIES

TO BAN TEXT MESSAGING WHILE

DRIVING

52.223-19 MAY 2011 COMPLIANCE WITH ENVIRONMENTAL

MANAGEMENT SYSTEMS

52.225-13 JUN 2008 RESTRICTIONS ON CERTAIN FOREIGN

PURCHASES

52.227-1 DEC 2007 AUTHORIZATION AND CONSENT

52.228-5 JAN 1997 INSURANCE - WORK ON A GOVERNMENT

INSTALLATION

52.229-3 FEB 2013 FEDERAL, STATE, AND LOCAL TAXES

52.232-17 MAY 2014 INTEREST

52.232-18 APR 1984 AVAILABILITY OF FUNDS

52.232-23 MAY 2014 ASSIGNMENT OF CLAIMS

52.232-33 JUL 2013 PAYMENT BY ELECTRONIC FUNDS

TRANSFER – SYSTEM FOR AWARD

MANAGEMENT

52.232-39 JUN 2013 UNENFORCEABILITY OF UNAUTHORIZED

OBLIGATIONS

52.232-40 DEC 2013 PROVIDING ACCELERATED PAYMENTS TO

SMALL BUSINESS SUBCONTRACTORS

52.233-1 DEC 1991 DISPUTES – ALTERNATE I

52.233-3 AUG 1996 PROTEST AFTER AWARD

52.233-4 OCT 2004 APPLICABLE LAW FOR BREACH OF

CONTRACT CLAIM

52.237-2 APR 1984 PROTECTION OF GOVERNMENT

BUILDINGS, EQUIPMENT, AND

VEGETATION

52.242-13 JUL 1995 BANKRUPTCY

52.242-15 AUG 1989 STOP-WORK ORDER

52.243-1 APR 1984 GOVERNMENT DELAY OF WORK –

ALTERNATE II

52.245-1 APR 2012 GOVERNMENT PROPERTY – ALTERNATE I

52.245-9 APR 2012 USE AND CHARGES

52.246-2 AUG 1996 INSPECTION OF SUPPLIES – FIXED-PRICE

52.246-16 APR 1984 RESPONSIBILITY OF SUPPLIES

52.247-34 NOV 1991 F.O.B. DESTINATION

52.249-2 APR 2012 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE)

52.249-8 APR 1984 DEFAULT (FIXED-PRICE SUPPLY AND

SERVICE)

52.252-2 FEB 1998 CLAUSES INCORPORATED BY REFERENCE

52.252-4 APR 1984 ALTERATIONS IN CONTRACT

52.253-1 JAN 1991 COMPUTER GENERATED FORMS

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II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) PROVISIONS

CLAUSE

NUMBER

DATE TITLE

1852.203-71 AUG 2014 REQUIREMENT TO INFORM EMPLOYEES

OF WHISTLEBLOWER RIGHTS

1852.204-76

JAN 2011

SECURITY REQUIREMENTS FOR

UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES

1852.219-77 APR 2015 NASA MENTOR PROTÉGÉ PROGRAM

1852.223-70

APR 2002

SAFETY AND HEALTH

1852.223-75 FEB 2006 MAJOR BREACH OF SAFETY OR SECURITY-

ALTERNATE I

1852.237-70 DEC 1988 EMERGENCY EVACUATION PROCEDURES

1852.237-73 JUN 2005 RELEASE OF SENSITIVE INFORMATION

1852.242-72 OCT 2015 DENIED ACCESS TO NASA FACILITIES

1852.245-75 JAN 2011 PROPERTY MANAGEMENT CHANGES

1852.245-78 AUG 2015 PHYSICAL INVENTORY OF CAPITAL

PERSONAL PROPERTY

2.02 FAR 52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY

OR SERVICES (MAY 2014)

(a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase from People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504. Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule.

(b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources.

(c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made

2-11 directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are:

(1) National Industries for the Blind (NIB) 1310 Braddock Place Alexandria, VA 22314-1691

(703) 310-0500; and

(2) NISH

8401 Old Courthouse Road Vienna, VA 22182

(571) 226-4660.

2.02(A) MANDATORY SOURCES OF SUPPLY

(a) All supplies to be provided under this contract are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase from People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504. This includes the National Industries for the Blind (NIB) and SourceAmerica, formerly known as the National Industries for the Severely Handicapped (NISH).

(b) Exceptions to this requirement are:

(1) Commercial ETS Product Name: Georgia Pacific® enMotion® E3 Rated Fragrance Free Foam Hand Sanitizer, 1000ml Commercial ETS Product Item Number: 42331

(2) Commercial ETS Product Name: Georgia Pacific® Pacific Garden® E3 Rated Foam Hand Sanitizer - 1000 ml Commercial ETS Product Item Number: 43331

(3) Commercial ETS Product Name: Georgia Pacific® enMotion® Paper Towel Roll BROWN High Capacity Commercial ETS Product Item Number: 89480

(4) Commercial ETS Product Name: Georgia Pacific® Compact® Coreless High Capacity 2-Ply White Bathroom Tissue Commercial ETS Product Item Number: 19378

(c) Many common-use products such as cleaning products are already on the Procurement List.

They are conveniently available through AbilityOne-authorized distributors such as GSA Global Supply, GSA Advantage!™, DOD EMALL, abilityonecatalog.com and AbilityOne-operated Base Supply Centers. A full listing, including hundreds of small business distributors, is found at www.abilityone.gov. The Procurement List may also be downloaded or searched from www.abilityone.gov http://www.abilityone.gov/ http://www.abilityone.gov/

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(d) A Categorized AbilityOne Products Procurement List where Cleaning Equipment & Supplies can be found under GROUP 79 (NSN: 79xx-). A full list of products on the mandatory procurement list is also available through the AbilityOne website at:

http://pl.abilityone.gov/procurement_search/procurement_product_search.aspx

(e) A comparative file showing AbilityOne products and commercial off-the-shelf items that are “essentially the same” (ETS) is available through the AbilityOne website at:

http://www.abilityone.gov/distributors/potential.html

(f) A list of AbilityOne Authorized Commercial Dealers and Distributors for products (which typically carry the SKILCRAFT® brand name) is available through the AbilityOne website at:

http://www.abilityone.gov/distributors/independent.html

(g) A list of AbilityOne supplies offered through GSA Advantage (under categories Janitorial & Sanitation Supplies and Facilities & Supplies) is available through the following website:

https://www.gsaadvantage.gov/advantage/search/specialCategory.do?cat=ADV.JWOD

(h) For additional support and more information, please contact AbilityOne:

Jason C. Endicott Channel Sales Representative National Industries for the Blind 1310 Braddock Place Alexandria, VA 22314 Email: jendicott@nib.org Office Phone: 703-310-0451

Dean Simmonds National Account Manager National Industries for the Blind 1310 Braddock Place Alexandria, VA 22314 Email: dsimmonds@nib.org Office Phone: 703-310-0574

David Barrett Team Lead - ETS National Industries for the Blind 1310 Braddock Place Alexandria, VA 22314 Email: dbarrett@nib.org Office Phone: 703-310-0584 http://pl.abilityone.gov/procurement_search/procurement_product_search.aspx http://pl.abilityone.gov/procurement_search/procurement_product_search.aspx http://www.abilityone.gov/distributors/potential.html http://www.abilityone.gov/distributors/potential.html http://www.abilityone.gov/distributors/independent.html http://www.abilityone.gov/distributors/independent.html https://www.gsaadvantage.gov/advantage/search/specialCategory.do?cat=ADV.JWOD mailto:jendicott@nib.org mailto:dsimmonds@nib.org mailto:dbarrett@nib.org

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2.03 FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111- 212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information.

The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

https://www.acquisition.gov/

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2.04 FAR 52.216-18(a) ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from October 1, 2016, through September 30, 2018.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract.

In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

2.05 FAR 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 $40,000.00;

(2) Any order for a combination of items in excess of $40,000.00; or

(3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(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) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, 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.

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2.06 FAR 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 June 30, 2022.

2.07 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL

HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits See Section 4.15 of the RFP for Wage Determination 2015-5234 Revision 1 (01/06/16) See Section 4.15 of the RFP for Collective Bargaining Agreement 2012-5391 (10/05/12)

2.08 FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL

CONTENT FOR EPA-DESIGNATED PRODUCTS (MAY 2008)

(a) Definitions. As used in this clause—

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“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate, complete in accordance with agency procedures, to the Contracting Officer’s Representative.

2.09 FAR 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION

SERVICES (APR 2012)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract.

The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance.

Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(e) Government property provided under this clause:

The Government property provided under this clause is identified in clause NFS 1852.245-77 of this contract.

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2.10 NFS 1852.215-84 OMBUDSMAN (NOV 2011)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and contractors during the preaward and postaward phases of this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman is not to diminish the authority of the contracting officer, the Source Evaluation Board, or the selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Therefore, before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution.

(b) If resolution cannot be made by the contracting officer, interested parties may contact the installation ombudsman, whose name, address, telephone number, facsimile number, and e-mail address may be found at: http://prod.nais.nasa.gov/pub/pub_library/Omb.html. Concerns, issues, disagreements, and recommendations which cannot be resolved at the installation may be referred to the Agency ombudsman identified at the above URL. Please do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer or as specified elsewhere in this document.

2.11 NFS 1852.216-80 TASK ORDERING PROCEDURE (OCT 1996) – ALTERNATE I

(OCT 1996)

(a) Only the Contracting Officer may issue task orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the schedule. The Contractor may incur costs under this contract in performance of task orders and task order modifications issued in accordance with this clause. No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.

(b) Prior to issuing a task order, the Contracting Officer shall provide the Contractor with the following data:

(1) A functional description of the work identifying the objectives or results desired from the contemplated task order.

(2) Proposed performance standards to be used as criteria for determining whether the work requirements have been met.

(3) A request for a task plan from the Contractor to include the technical approach, period of performance, appropriate cost information, and any other information required to determine the reasonableness of the Contractor's proposal.

(c) Within 10 calendar days after receipt of the Contracting Officer's request, the Contractor shall submit a task plan conforming to the request.

(d) After review and any necessary discussions, the Contracting Officer may issue a task order to the Contractor containing, as a minimum, the following:

(1) Date of the order.

(2) Contract number and order number.

(3) Functional description of the work identifying the objectives or results desired from

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(4) Performance standards, and where appropriate, quality assurance standards.

(5) Maximum dollar amount authorized (cost and fee or price). This includes allocation of award fee among award fee periods, if applicable.

(6) Any other resources (travel, materials, equipment, facilities, etc.) authorized.

(7) Delivery/performance schedule including start and end dates.

(8) If contract funding is by individual task order, accounting and appropriation data.

(e) The Contractor shall provide acknowledgment of receipt to the Contracting Officer within 10 calendar days after receipt of the task order.

(f) If time constraints do not permit issuance of a fully defined task order in accordance with the procedures described in paragraphs (a) through (d), a task order which includes a ceiling price may be issued.

(g) The Contracting Officer may amend tasks in the same manner in which they were issued.

(h) In the event of a conflict between the requirements of the task order and the Contractor's approved task plan, the task order shall prevail.

(i) Contractor shall submit monthly task order progress reports. As a minimum, the reports shall contain the following information:

(1) Contract number, task order number, and date of the order.

(2) Task ceiling price.

(3) Cost and hours incurred to date for each issued task.

(4) Costs and hours estimated to complete each issued task.

(5) Significant issues/problems associated with a task.

(6) Cost summary of the status of all tasks issued under the contract.

2.12 NFS 1852.225-70 EXPORT LICENSES (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at NASA Johnson Space Center, where the foreign person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

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2.13 NFS 1852.228-75 MINIMUM INSURANCE COVERAGE (OCT 1988)

The Contractor shall obtain and maintain insurance coverage as follows for the performance of this contract:

(a) Worker's compensation and employer's liability insurance as required by applicable Federal and state workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with the Contractor's commercial operations that it would not be practical. The employer's liability coverage shall be at least $100,000, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) Comprehensive general (bodily injury) liability insurance of at least $500,000 per occurrence.

(c) Motor vehicle liability insurance written on the comprehensive form of policy which provides for bodily injury and property damage liability covering the operation of all motor vehicles used in connection with performing the contract. Policies covering motor vehicles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury liability and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Comprehensive general and motor vehicle liability policies shall contain a provision worded as follows:

"The insurance company waives any right of subrogation against the United States of America which may arise by reason of any payment under the policy."

(e) When aircraft are used in connection with performing the contract, aircraft public and passenger liability insurance of at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage.

Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

2.14 NFS 1852.245-71 INSTALLATION-ACCOUNTABLE GOVERNMENT

PROPERTY (JAN 2011) (ALT I) (JAN 2011)

(a) The Government property described in paragraph (c) of this clause may be made available to the Contractor on a no-charge basis for use in performance of this contract. This property shall be utilized only within the physical confines of the NASA installation that provided the property unless authorized by the Contracting Officer under (b)(1)(iv). Under this clause, the Government retains accountability for, and title to, the property, and the Contractor shall comply with the following:

i. NASA Procedural Requirements (NPR) 4100.1, NASA Materials Inventory Management Manual;

ii. NASA Procedural Requirements (NPR) 4200.1, NASA Equipment Management Procedural Requirements;

iii. NASA Procedural Requirements (NPR) 4300.1, NASA Personal Property

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Disposal Procedural Requirements;

iv. NASA Procedural Requirements (NPR) 4310.1, Identification and Disposition of

NASA Artifacts;

v. NASA Procedural Requirements (NPR) 4200.2, NASA Equipment Management

Manual for Property Custodians;

vi. JSC Procedural Requirements (JPR) 1281.7B, Control of Customer Property;

vii. JSC Procedural Requirements (JPR) 1281.15, Identification, Handling, Storage, Packaging, Preservation, and Delivery;

viii. JSC Work Instructions (JWI) 4200.1, Management of Controlled Equipment

ix. JSC Work Instructions (JWI) 4210.2, JSC Instructions for Control of Program

Stock (formally JSC 26549)

x. JSC Work Instructions (JWI) 4300.1, JSC Instructions for Excess and Disposal of

Government Property

xi. JSC Work Instructions (JWI) 6050.1A, Procedures for Processing Shipments from JSC

The Contractor shall establish and adhere to a system of written procedures to assure continued, effective management control and compliance with these user responsibilities. In accordance with FAR 52.245-1(h)(1) the contractor shall be liable for property lost, damaged, destroyed or stolen by the contractor or their employees when determined responsible by a NASA Property Survey Board, in accordance with the NASA guidance in this clause.

(b) (1) The official accountable recordkeeping, financial control, and reporting of the property subject to this clause shall be retained by the Government and accomplished within NASA management information systems prescribed by the installation Supply and Equipment Management Officer (SEMO) and Financial Management Officer. If this contract provides for the Contractor to acquire property, title to which will vest in the Government, the following additional procedures apply:

(i) The Contractor shall not utilize the installation’s central receiving facility for receipt of contractor-acquired property. However, the Contractor shall provide listings suitable for establishing accountable records of all such property received, on a monthly basis, to the SEMO.

(ii) The Contractor shall furnish a copy of each purchase order, prior to delivery by the vendor, to the installation central receiving area.

(iii) The Contractor shall establish a record for Government titled property as required by FAR 52.245-1, as incorporated in this contract, and shall maintain that record until accountability is accepted by the Government.

(iv) Contractor use of Government property at an…