Offset Press Blankets RFQ.pdf
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- Attached to
- Offset Press Blankets - RFQ
- Solicitation number
- 2031ZA24Q00245
About this file
This document is a combined synopsis/solicitation for a Request for Quotations (RFQ) issued by the Department of the Treasury Bureau of Engraving and Printing for Offset Press Blankets.
The RFQ is conducted under Simplified Acquisition Procedures and outlines the requirements for offset press blankets, including technical specifications, evaluation factors, and submission instructions. Quotes are due by August 2, 2024 and sample materials must be submitted by August 14, 2024. The Government intends to award a firm fixed-price indefinite delivery indefinite quantity (IDIQ) one-year contract. The offeror's initial offer should contain their best terms and the Government reserves the right to conduct discussions if necessary. This is a small business set-aside acquisition with a North American Industry Classification System (NAICS) code of 326299 - All Other Rubber Product Manufacturing. Offerors must have an active System for Award Management (SAM) registration.
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DEPARTMENT OF THE
TREASURY BUREAU OF
ENGRAVING AND PRINTING
WASHINGTON, D.C.
20228
Title: Offset Press Blankets RFQ
Notice No: 2031ZA24Q00245
PSC: 9390 Miscellaneous Fabricated Nonmetallic Materials
NAICS: 326299 All Other Rubber Product Manufacturing
(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
This Request for Quotations (RFQ) for Offset Press Blankets is conducted in accordance with FAR Subpart 13 Simplified
Acquisition Procedures.
(ii) The solicitation document incorporates the provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-05.
(iii) Quotes shall be submitted to Kevin Ibershoff and Falcon
Albino via email at Kevin.Ibershoff@bep.gov and
Falcon.Albino@bep.gov by no later than 1:00 p.m. ET on August 2, 2024.
(iv) Sample materials and associated literature shall be submitted by no later than 11:59 p.m. ET on August 14, 2024 in accordance with section xxix of this solicitation.
(v) Questions regarding this RFQ shall be submitted via email to Kevin.Ibershoff@bep.gov and Falcon.Albino@bep.gov no later than 1:00 p.m. ET, July 22, 2024. The Offeror shall note in the email subject line the “2031ZA24Q00245 Request for Clarification.”
(vi) Interested Offerers must have an active registration in the System for Award Management (www.sam.gov).
mailto:%20Kevin.Ibershoff@bep.gov mailto:%20Falcon.Albino@bep.gov mailto:%20Falcon.Albino@bep.gov mailto:Kevin.Ibershoff@bep.gov mailto:Falcon.Albino@bep.gov http://www.sam.gov/
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(vii) The Government intends to award a firm fixed-price indefinite delivery indefinite quantity (IDIQ) one-year contract.
(viii) The Offeror agrees to hold the prices in its proposal firm for 90 calendar days from the date specified for receipt of quotation.
(ix) Description of requirements for the items to be acquired.
See Attachment A Specifications for full details of the requirement herein.
(x) Delivery shall be F.O.B. Destination.
FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES
(xi) 52.212-1 Instructions to Offerors—Commercial Products and Commercial
Services (SEP 2023)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(1)Is set aside for small business and has a value above the simplified acquisition threshold;
(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
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(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at Federal Acquisition Regulation
(FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are
4 | P a g e consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated
Government office on the date that offers or revisions are due.
(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the
5 | P a g e solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the
Government reserves the right to conduct discussions if later determined by the Contracting
Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.
(ii) If the General Services Administration, Department of Agriculture, or Department of
Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.
(2) Most unclassified Defense specifications and standards may be downloaded from the
ASSIST website at https://assist.dla.mil.
(3) Defense documents not available from the ASSIST website may be requested from the
Defense Standardization Program Office by—
(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or
(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for
6 | P a g e their preparation, publication, or maintenance.
(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The
Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) [Reserved]
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
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(xii) 52.212-2 Evaluation— Commercial Products and Commercial Services (Nov
2021)
(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The determination of best value shall be based on a tradeoff process utilizing a comparative assessment of proposals against the factors set forth above. The Government will not award a contract on the basis of an unacceptable offer. In determining which acceptable proposals offer the best value or advantage to the Government, all evaluation factors other than cost or price, when combined, will be considered significantly more important than cost or price.
For an offeror to be considered for award, their proposal must be rated
"Acceptable" for all non-gradable factors (Safety and Health, Print Quality, Past Performance, and Price). Among the proposals meeting this criterion, the one with the highest adjectival rating for Physical Requirements will be selected. If two or more proposals receive the same highest adjectival rating, the award will go to the offeror with the lowest price among those tied.
Evaluation Factors
Factors Rating
1. Safety and Health Acceptable/Unacceptable
2. Physical Requirements Adjectival Rating
3. Print Quality Acceptable/Unacceptable
4. Past Performance Acceptable/Unacceptable
5. Price Acceptable/Unacceptable; Competitive
A. TECHNICAL EVALUATION CRITERIA:
In order to be considered for contract award, the sample material shall pass the non-gradable evaluation criterion and the requirements of Attachment A - Specifications. Offset Printing
Blanket will be evaluated. Each type of blankets must be technically acceptable for an offeror’s proposal to be considered for award. Additionally, award will be made only to an acceptable offer whose material sample is fully compliant with all of the requirements of Specification B:
OPP-1.
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The following outlines the non-gradable evaluation factors to be used in evaluation of proposals received in response to this solicitation. If a material sample fails to meet an applicable non-gradable requirement, the proposal shall be considered “technically unacceptable”. Offerors shall be evaluated on a pass or fail basis for the following criterion:
Evaluation Factors:
1. Safety and Health Rating: Acceptable/Unacceptable
Reference: Attachment A - Specifications and Attachment C - 75B-07.0-05 EHS Requirements for Purchased Materials.
Material samples that cause any adverse effect upon BEP employees shall be considered unacceptable and will be rejected. The BEP retains the right to reject any offset printing blankets that cause adverse effects upon its employees. Adverse effects include, but are not limited to:
headache; eye, dermal, nasal, or throat irritation and/or sensitization; nausea and dizziness.
Offers that fail any of the criterions in Attachment A - Specifications and Attachment C - 75B-
07.0-05 EHS Requirements for Purchased Materials will be deemed “technically unacceptable” and will not be evaluated against the other criteria.
2. Physical Requirements Rating: Adjectival Rating
Reference: Attachment A Specifications
The Government will test and evaluate the material samples in accordance with the factors listed in the specification, Section 3.3. Material samples will be awarded an adjectival rating based on meeting the physical requirements listed for examination in this solicitation.
Adjectival Rating Description
Outstanding
Material samples meet all physical requirements (Attachment A – Specification B: OPP-1, Section 3.3 REQUIREMENTS) within a tolerance of ± 2% or less from specification target values.
Good
Material samples meet all physical requirements (Attachment A – Specification B: OPP-1, Section 3.3 REQUIREMENTS) within a tolerance of ± 5% or less from specification target values.
Acceptable
Material samples meet all physical requirements (Attachment A – Specification B: OPP-1, Section 3.3 REQUIREMENTS) within a tolerance of ± 10% or less (specification target range) from specification target values.
Unacceptable Material samples do not meet minimum physical
9 | P a g e requirements (Attachment A – Specification B: OPP-1, Section 3.3 REQUIREMENTS.
3. Print Quality Rating: Acceptable/Unacceptable
Reference: Attachment A Specifications
The Government will evaluate the print quality of United States currency produced using the offset printing blanket samples. Failure of the samples to produce United States currency that equals or exceeds that of the BEP print quality standards will be determined as technically unacceptable and will be excluded from further evaluation.
4. Past Performance
Evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. The Government will consider the depth, breadth, and relevance the Offeror’s experience. The Government is seeking to determine whether the Offeror has consistently demonstrated a commitment to customer satisfaction and timely delivery. The
Government will evaluate the Offeror’s reputation for conforming to specifications and to standards of good workmanship; for adherence to contract schedules; for reasonable and cooperative behavior; and commitment to customer satisfaction. In the case of an Offeror without a record of relevant past performance or for who past performance is not available the
Offeror will not be evaluated favorably or unfavorably on past performance and will receive an
Acceptable rating. The Past Performance will be evaluated and rated as Acceptable or
Unacceptable.
5. Price
The Government will evaluate quotes to determine if prices are fair and reasonable in accordance with FAR 13.106-3. An acceptable price is one that is determined to be fair and reasonable.
(End of provision)
xiv. ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—
COMMERCIAL ITEMS
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract:
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xiv. 52.212-5 Contract Terms and Conditions Required To Implement Statutes or
Executive Orders—Commercial Products and Commercial Services (DEC 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation
(FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the
Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021)
(Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and
Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub.
L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations
(Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public
Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the
Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun
2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (
41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier
Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
(5) [Reserved].
(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.
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111-117, section 743 of Div. C).
(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-
Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31
U.S.C. 6101 note).
(9) 52.209-9, Updates of Publicly Available Information Regarding
Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
(10) [Reserved].
(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct
2022) ( 15 U.S.C. 657a).
(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small
Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
(13) [Reserved]
(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15
U.S.C. 644).
(ii) Alternate I (Mar 2020) of 52.219-6.
(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15
U.S.C. 644).
(ii) Alternate I (Mar 2020) of 52.219-7.
(16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15
U.S.C. 637(d)(2) and (3)).
(17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C.
637(d)(4)).
(ii) Alternate I (Nov 2016) of 52.219-9.
(iii) Alternate II (Nov 2016) of 52.219-9.
(iv) Alternate III (Jun 2020) of 52.219-9.
(v) Alternate IV (Sep 2021) of 52.219-9.
(18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C.
644(r)).
(ii) Alternate I (Mar 2020) of 52.219-13.
(19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15
U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business
Set-Aside (Oct 2022) ( 15 U.S.C. 657f).
(22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct
2022) ( 15 U.S.C. 632(a)(2)).
(ii) Alternate I (Mar 2020) of 52.219-28.
(23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15
U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-
Owned Small Business Concerns Eligible Under the Women-Owned Small Business
Program (Oct 2022) ( 15 U.S.C. 637(m)).
(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar
2020) ( 15 U.S.C. 644(r)).
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(26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
(27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies
(Dec 2022) (E.O.13126).
(29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
(ii) Alternate I (Feb 1999) of 52.222-26.
(31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C.
4212).
(ii) Alternate I (Jul 2014) of 52.222-35.
(32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun
2020) ( 29 U.S.C. 793).
(ii) Alternate I (Jul 2014) of 52.222-36.
(33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C.
4212).
(34) 52.222-40, Notification of Employee Rights Under the National Labor
Relations Act (Dec 2010) (E.O. 13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22
U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O.
13627).
(36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive
Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for
EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(38) 52.223-11, Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration
Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
(40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment
(Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Oct 2015) of 52.223-13.
(41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014)
(E.O.s 13423 and 13514).
(ii) Alternate I (Jun2014) of 52.223-14.
(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May
2020) ( 42 U.S.C. 8259b).
(43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer
Products (Oct 2015) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging
While Driving (Jun 2020) (E.O. 13513).
(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
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(46) 52.223-21, Foams (Jun2016) (E.O. 13693).
(47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
(ii) Alternate I (Jan 2017) of 52.224-3.
(48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
(ii) Alternate I (Oct 2022) of 52.225-1.
(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act
(Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and
112-43.
(ii) Alternate I [Reserved].
(iii) Alternate II (Dec 2022) of 52.225-3.
(iv) Alternate III (Jan 2021) of 52.225-3.
(v) Alternate IV (Oct 2022) of 52.225-3.
_X_ (50) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19
U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021)
(E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets
Control of the Department of the Treasury).
(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense
Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (
42 U.S.C. 5150).
(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency
Area (Nov2007) ( 42 U.S.C. 5150).
_X_ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
(56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
(57) 52.232-30, Installment Payments for Commercial Products and
Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award
Management (Oct2018) ( 31 U.S.C. 3332).
(59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for
Award Management (Jul 2013) ( 31 U.S.C. 3332).
(60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
(61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
(62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15
U.S.C. 637(d)(13)).
_X_ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
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[Contracting Officer check as appropriate.]
(1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C.
chapter67).
(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (
29 U.S.C. 206 and 41 U.S.C. chapter 67).
(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor
Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29
U.S.C. 206 and 41 U.S.C. chapter 67).
(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor
Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
(5) 52.222-51, Exemption from Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-
Requirements (May 2014) ( 41 U.S.C. chapter 67).
(6) 52.222-53, Exemption from Application of the Service Contract Labor
Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C.
chapter 67).
(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive
Order 14026 (Jan 2022).
(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022)
(E.O. 13706).
(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations
(Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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.
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(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. 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 (Nov 2021) (
41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the
Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov
2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of
Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C.
4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (
29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C.
4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor
Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C.
chapter 67).
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(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22
U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O.
13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-
Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor
Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C.
chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O.
12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive
Order 14026 (Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022)
(E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense
Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations
(Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of
FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (Nov 2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
xv. 52.216-18 Ordering (Aug 2020)
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(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 12/01/2024 – 11/30/2025.
(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) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
xvi. 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 60 press blankets, 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 2,000 press blankets;
(2) Any order for a combination of items in excess of 4,000 press blankets; or
(3) A series of orders from the same ordering office within five days that together call for quantities exceeding the limitation in paragraph (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.
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(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 seven 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.
xvii. 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 06/30/2026.
xiv. 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address: https://www.acquisition.gov/browse/index/far
xv. FAR 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 assessed electronically at this/these address(es): https://www.acquisition.gov/ https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/
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(End of Clause)
FAR CLAUSE Title DATE
52.203-11 Certification and Disclosure Regarding Payments to Influence SEP 2007
52.203-12 Limitation on Payments to Influence Certain Federal JUN 2020
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-7 System for Award Management OCT 2018
52.204-13 System For Award Management Maintenance OCT 2018
52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-26 Covered Telecommunications Equipment or Services--Representation OCT 2020
52.209-7 Information Regarding Responsibility Matters OCT 2018
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.211-17 Delivery of Excess Quantities SEPT 1989
52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services
DEC 2022
52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services
DEC 2022
52.232-11 Extras APR 1984
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation
DEC 2016
52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021
52.243-1 Changes-Fixed-Price AUG 1987
52.246-2 Inspection of Supplies—Fixed-Price AUG 1996
52.246-16 Responsibility For Supplies APR 1984
52.247-34 F.O.B Destination NOV 1991
DEPARTMENT OF THE TREASURY ACQUISITION REGULATION (DTAR)
SUPPLEMENTAL REGULATIONS
xvi. DTAR 1052.201-70, Contracting Officer's Representative (COR) Appointment and
Authority (APR 2015)
(a) The COR WILL BE PROVIDED AT CONTRACT AWARD.
(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction”
20 | P a g e includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
(c) Technical direction must be within the scope of the contract specification(s)/work statement.
The COR does not have authority to issue technical direction that:
(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;
(2) Constitutes a change as defined in the clause entitled “Changes”;
(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(4) Changes any of the terms, conditions, or specification(s)/work statement of thecontract;
(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or
(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.
(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.
(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”
(End of clause)
xvii. DTAR 1052.210-70, Contractor Publicity (APR 2015)
The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting
Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered as part of the evaluation of past performance.
(End of clause)
xviii. DTAR 1052.232-7003, Electronic Submission of Payment Requests (APR 2015)
(a) Definitions. As used in this clause—
(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information
21 | P a g e regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the
Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.
(End of clause)
SPECIAL CONTRACT REQUIREMENTS
xix. POST AWARD MEETING
At its discretion, BEP may schedule and conduct a post award meeting with the Contractor after contract award. The objectives of this meeting, at a minimum, are to: introduce key participants and explain their roles, review deliverables, review payment schedule, review the statement of work and tasks to ensure a common understanding of the requirements and objectives, as well as other matters of importance and relevance. The Contracting Officer or COR will provide advance notice, agenda and, meeting days and time; which will be between 8AM-4PM Eastern. If BEP determines that a post award meeting is necessary, the day(s) and time(s) of any such meeting will be determined after contract award and will be mutually agreed upon.
xx. NOTICE TO THE BEP OF DELAYS
In the event the Contractor encounters difficulty in meeting performance requirements, or whenever the
Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the CO and the COR, in writing, giving pertinent details, provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the BEP of any performance requirements or of any rights or remedies provided by law under this contract.
xxi. NOTICE TO THE BEP OF CHANGES
Prior to any changes to the raw material, raw material suppliers, manufacturing processes or equipment, or location of the manufacturing operations which may reasonably be expected to have a potential effect on the material characteristics or performance of the drawsheets; the offeror shall provide written notification of the proposed changes to the BEP. The Contractor shall work closely with the BEP to ensure such changes are processed, evaluated, validated, approved, and documented in a timely and coordinated manner.
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