SolicitationQSDM-N2-120452-Din2012.docx

QSDM-N2-120452-D

NOTICE NOTICE NOTICE NOTICE NOTICE

ALL BIDDERS/OFFERORS MAY BE SUBJECT TO A SECURITY CHECKPOINT WHEN ENTERING THE FEDERAL BUILDING, 1500 EAST BANNISTER ROAD, KANSAS CITY, MO. IF YOU HANDCARRY YOUR BID/OFFER, PLEASE NOTE THAT YOUR BID/OFFER IS DUE IN THE OFFICE OF BUSINESS & SUPPORT SERVICES NO LATER THAN THE DATE & TIME STATED IN BLOCK 8 OF SF 1449, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS. BE AWARE THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR BID/OFFER IS RECEIVED ON TIME AT THE OFFICE OF BUSINESS & SUPPORT SERVICES. THE SECURITY OFFICER AT THE CHECKPOINT WILL NOT HANDCARRY YOUR BID/OFFER TO THE PROPER DESTINATION. ALL BIDS/OFFERS/MODIFICATIONS & WITHDRAWALS ARE SUBJECT TO FAR CLAUSE 52.212-1(f).

52.219-71 Notice to Offerors of Subcontracting Plan Requirements. (JUNE 2005) The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $500,000 ($1,000,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

552.232-78 PAYMENT INFORMATION (JUL 2000)

The General Services Administration (GSA) makes information on contract payments available electronically at http:// www.finance.gsa.gov. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.

IMPORTANT NOTE

THE LEGAL BUSINESS NAME, DOING-BUSINESS-AS (DBA) NAME (if applicable), PHYSICAL STREET ADDRESS AND THE DUNS NUMBER ON FACE OF THE OFFER (SF 1449, Block 17) MUST BE AN EXACT MATCH TO THE DATA LOADED IN CCR (CENTRAL CONTRACTOR REGISTRATION).

CP-FSS-1-A (APR 1993)

Solicitation No. QSDM-N2-120452-D

REQUIREMENTS CONTRACT FOR

FSC CLASS 5120

PERIOD: 12/3/2012 (or date of award, whichever is later) Through 11/28/2013

INCLUDING 4 ONE-YEAR OPTION PERIODS

ANY INFORMATION THAT MAY BE DESIRED ON THIS PARTICULAR SOLICITATION

CAN BE OBTAINED FROM THE ISSUING OFFICE ADDRESS SHOWN HEREIN.

CP-FSS-2 SIGNIFICANT CHANGES (OCT 1988)

Buy American Act-Free Trade Agreements-Israeli Trade Act and Trade Agreements apply to this solicitation. See below for specific clauses.

Clause 552.211-73, Charges for Marking; is revised to show a charge of $150 for the first man-hour and $70 for each additional man-hour, with a minimum of 2 hours, per incident.

Clause 552.211-76, Charges for Packaging and Packing; is revised to state that if supplies shipped to a GSA distribution center are not packaged and packed IAW contract requirements, the Government has the right, without prior notice to the contractor, to perform the required repackaging/repacking, and charge the contractor as stated in Clause 552.211-73.

CP-FSS-17 PAST PERFORMANCE EVALUATION FACTOR (DEC 1998)

Federal Acquisition Regulation (FAR) Chapter 15.3 requires that past performance be an evaluation factor in competitively negotiated contracts over $1,000,000. This threshold will decline to $100,000 by January 1999. Past performance may be used as a factor in solicitations under $100,000 at the discretion the Contracting Officer. Offerors are advised that the quality of an offeror’s past performance, on contracts similar to that solicited, will be a factor in the award decision for this solicitation. Further, the Contractor’s performance under any contract(s) resulting from this solicitation may directly impact future contract awards. Solicitation provision L-FSS-495, Performance History, provides instruction on past performance information that may be provided by offerors. The methods to be used in evaluating past performance, as a part of the award decision(s), are described in the provision M-FSS-303, Method of Award.

CP-FSS-3 NOTICE: REQUESTS FOR EXPLANATION OR INFORMATION (MAR 1996)

Oral or written requests for explanation or information regarding this solicitation should be directed to:

GENERAL SERVICES ADMINISTRATION

FAS, Heartland Global Supply Operations Center, QSDKAC-N2 1500 E. Bannister Road Kansas City, MO 64131-3088

IMPORTANT: DO NOT ADDRESS OFFERS, MODIFICATIONS OR WITHDRAWALS TO THE ABOVE ADDRESS. THE ADDRESS DESIGNATED FOR RECEIPT OF OFFERS IS CONTAINED ELSEWHERE IN THIS SOLICITATION.

FAS, Heartland Supply Operations Center, QSDKAC-N2 1500 E. Bannister Road Kansas City, MO 64131-3088

CP-FSS-6 ELECTRONIC DATA INTERCHANGE (EDI) ORDERING (JAN 1994)

Offerors are advised that the Federal Supply Service is expanding use of electronic communications to exchange business documents. The Placement of Orders clause contained in this contract provides that orders may be placed using Electronic Data Interchange (EDI) procedures.

CP-FSS-30 (APR 1993)

PLEASE REMOVE THESE COVER PAGE(S) [PAGES 1-3] BEFORE SUBMITTING OFFER TO GSA.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

DESTINATION UNLESS

12. DISCOUNT TERMS

General Services Administration

SET ASIDE FOR SMALL BUSINESS

6,27,28,29,30,31,35,36,37,38,39,41,42,43

BLOCK IS MARKED

|_|SEE SCHEDULE

Office of Business & Support Services(6ADB) – Room 1161

1500 East Bannister Rd

UNDER DPAS (15 CFR 700)

Kansas City, MO 64131

13b. RATING

ADDRESS OFFERS TO: SAME ADDRESS AS ABOVE

14. METHOD OF SOLICITATION

QVOCBA

(Attach Additional Sheet as Necessary)

|_|27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA XARE |_|ARE NOT ATTACHED.

|_|27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |_|ARE |_|ARE NOT ATTACHED.

28.

|X|

AWARD OF CONTRACT: REFERENCE OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

QSDM-N2-120452-D

SPECIAL INSTRUCTIONS:

The use of a manufacturer’s part number or brand name, when shown in an item description in this solicitation, appears in the description based on our record of current certifications (QPL) of manufacturer’s products that are QPL certified to meet the specification. Identification of one or more manufacturer’s part numbers or brand name references herein, or the omission of any other manufacturer’s product, is not meant to exclude any currently certified manufacturer’s part numbers or items not listed, from consideration. Parties interested in submitting an offer for part numbers or brand names not listed in a specification, should include a copy of a valid QPL certification for each item they wish consideration, showing that their product has been certified to meet the specification. The acquisition office is not a testing facility. The acquisition office recognizes only QPL certified products as meeting the specification. Offers for a product that is not listed in the specification which do not include a valid QPL certification will not receive consideration. To receive consideration, items must have been certified by QPL prior to bid opening.

YOU MUST READ, SIGN AND RETURN THE FOLLOWING:

MILITARY STANDARD 129 MARKING AND SHIPPING LABEL REQUIREMENTS

Unit and Intermediate Container marking- Barcoded NSN-no dashes, NSN with hyphens, cage code, part number or contract number, Nomenclature, Quantity and Unit of Issue, Contract number or purchase order number, batch/lot number, Shelf-life marking, If TCN Number available indicate.

Exterior Containers marking - use the same basic label format as unit containers, but without the item description. In addition the NSN, Contract Number and CAGE Code must also be barcoded. This can be done on one large label, or two smaller labels placed side-by-side.

Military Shipping Labels (MSLs) are required for all shipping addresses: Vendors can visit the DDC website and possibly use the system to produce an acceptable MSL. The Distribution Planning and Management System (DPMS) produces Military Shipping Labels with all required info: TCN, originator Point of Contact, mark-for address with DoDAAC For further info, go to https://www.ddc.dla.mil/DPMS or call Ed Gallagher on 717-770-4064.

FIGURE 1 GSA MILITARY SHIPPING LABEL (MSL) EXAMPLE

INFORMATION AS FOUND ON THE ORDER FOR SUPPLIES OR SERVICES GSA FORM

SEE FIGURE 2 BLOCK 10 “

TRNSP CNTRL NO

”DON’T FORGET TO BARCODE THE TCN

Linear (Code 39) bar codes

VENDOR’S COMPLETE ADDRESS

SEE BLOCK 11 NO DUNN’S NUMBER

DATE SHIPPED IS SELF EXPLANTORY

– DAY, MONTH, & YEAR

SEE BLOCK 12

FOR THE COMPLETE ADDRESS. BE SURE TO BARCODE THE DODAAC AS HIGHLIGTED IN FIG. 2 AS WELL AS IN THE CLEAR TEXT.

SEE BLOCK 10 FOR COMPLETE ADDRESS

TYPE OF SERVICE, (for example, FRT LTL, AIR EXPSS, EXPSS MAIL, TGBL UB, DPM HHG)

YOUR VENDOR CAGE CODE GOES HERE

SEE BLOCK 10 “TAC” FOR THIS 4 DIGIT CODE

SEE BLOCK 10 FOR THE “RDD”

LABEL

1 PIECE INCLUDING A BARCODE BELOW. Only piece one is to be barcoded

WEIGHT IS TO THE NEAREST POUND. THE CUBE IS ROUNDED TO THE NEAREST FEET.

FIGURE 2 GSA ORDER FOR SUPPLIES OR SERVICES FORM (GLOBAL SUPPLY)

I have read and understand the Military Marking Requirements and the Military Shipping Label Requirements in accordance with Military Standard 129 and will comply with these requirements 100% for all purchase orders issued under subject Contract. NOTE: THERE ARE ADDITIONAL REQUIREMENTS FOR HAZMAT MATERIALS. PLEASE SEE MILITARY STANDARD 129H.

Vendor Signature Date

SCHEDULE OF ITEMS:

ITEM PURCHASE DESCRIPTION QSDM-N2-120452-D

ESTIMATED PEAK ESTIMATED UNIT

MONTHLY REQ. 1-YR TOTAL OF FOB DEST

ITEM NSN (EMPR) QUANTITY ISSUE UNIT PRICE

1. 5120-00-016-6382 72 176 EA $___________

TURRET HEAD ASSEMBLY,CONTACT POSITIONER,CRIMPING TOOL:

NAME OF MANUFACTURER __________________________

DESCRIPTION

Contact size for which designed: MS3192, MS3193, MS18134, MS18136, MS24254, MS24255, M39029/01, M83723/33, M83724-34, M39029/4 and M39029/5

Mil-Spec part number: M22520/1-02.

See Technical Specifications paragraph(s): T1.1, T3.1, T4.1 and T6.1.

ITEM NSN (EMPR) QUANTITY ISSUE UNIT PRICE

2. 5120-00-018-0575 45.965 106,125 EA $____________

INSERTER AND REMOVER, ELECTRICAL CONTACT

Contact size for which designed: 22D and 22M

Mil-Spec. part number: M81969/14-01

See Technical Specifications paragraph(s): TE.6, T1.2, T4.3 and T6.1.

ITEM NSN (EMPR) QUANTITY ISSUE UNIT PRICE

3. 5120-00-079-4598 48 188 EA $___________

INSERTER, ELECTRICAL CONTACT:

Contact size for which designed: 20

Mil-Spec part number M81969/17-03.

See Technical Specifications paragraph(s): TE.6, T1.2, T3.1, T4.1 and T6.1.

ITEM NSN (EMPR) QUANTITY ISSUE UNIT PRICE

4. 5120-00-126-0860 30 102 EA $__________

DIE, CRIMPING TOOL:

Mil-Spec. part number M22520/5-100.

ITEM NSN (EMPR) QUANTITY ISSUE UNIT PRICE

5. 5120-00-132-0396 3064 7815 EA $__________

Mil-Spec. part number M81969/39-01.

See Technical Specifications paragraph(s): T1.2, T3.1, T4.2 and T6.1.

ITEM NSN (EMPR) QUANTITY ISSUE UNIT PRICE

6. 5120-00-132-5808 2295 8996 EA $__________

INSERTER AND REMOVER, ELECTRICAL CONTACT:

Contact size for which designed: 22

Mil-Spec. part number M81969/16-04.

See Technical Specifications paragraph(s): TE.6, T1.2, T3.1, T4.2 and T6.1.

ITEM NSN (EMPR) QUANTITY ISSUE UNIT PRICE

7. 5120-00-132-6913 72 148 EA $__________

CRIMPING TOOL, TERMINAL, HAND:

Mil-Spec. part number M22520/5-01.

ITEM NSN (EMPR) QUANTITY ISSUE UNIT PRICE

8. 5120-00-165-3912 96 196 EA $_________

Mil-Spec part number M22520/1-01

ITEM NSN (EMPR) QUANTITY ISSUE UNIT PRICE

9. 5120-00-293-2319 231 541 EA $__________

Mil-Spec. part number: MIL-DTL-22520/38

See Technical Specifications paragraph(s): T1.1, T4.1 and T6.1.

ITEM NSN (EMPR) QUANTITY ISSUE UNIT PRICE

10. 5120-00-915-4587 32,174 78,100 EA $__________

Mil-Spec. part number M81969/14-11

See Technical Specifications paragraph(s): TE.6, T1.2, T3.1, T4.3 and T6.1.

ITEM NSN (EMPR) QUANTITY ISSUE UNIT PRICE

11. 5120-00-915-4588 13,220 29,850 EA $___________

INSERTER AND REMOVER, ELECTRICAL CONTACT:

Contact size for which designed: 16

Mil-Spec. part number M81969/14-03

See Technical Specifications paragraph(s): TE.6, T1.2, T3.1, T4.3 and T6.1.

12. 5120-00-930-7504 NO LONGER IN STOCK PROGRAM – GOING SOP

INSERTER, ELECTRICAL CONACT:

ITEM NSN (EMPR) QUANTITY ISSUE UNIT PRICE

13. 5120-00-937-5438 26 64 EA $_________

INSTALLING TOOL, CABLE TIE:

In accordance with SAE-AS81306 Dated 2011-03-May

See Technical Specifications paragraph(s): T3.1, T4.1 and T6.1.

TECHNICAL SPECIFICATIONS

TECHNICAL DOCUMENT

T1.1

In accordance with Military Detail Specification, MIL-DTL-22520G, dated September 12, 1997 and MIL-DTL-22520G, Supplement 1, dated September 12, 1997.

QPL QUALIFICATION REQUIRED: QPL transformed to QPD, December 9, 2008. Please go to http://assist.daps.dla.mil/quicksearch/, and follow the steps below to view the QPD.

1. Input "22520" in Document Number field and click "Submit"

2. Click on QPL-22520 under "Document ID" column.

3. Click on "Qualification" in the "Overview" section to view the QPD.

Applies to item(s) : 1, 4, 7, 8 and 9.

T1.2

In accordance with Military Specification MIL-I-81969B, dated August 20, 1982.

QPL QUALIFICATION REQUIRED: QPL transformed to QPD, December 9, 2008. Please go to http://assist.daps.dla.mil/quicksearch/, and follow the steps below to view the QPD.

1. Input "81969" in Document Number field and click "Submit"

2. Click on QPL-81969 under "Document ID" column.

3. Click on "Qualification" in the "Overview" section to view the QPD.

Applies to item(s) : 2, 3, 5, 6, 10, 11 and 12.

ITEM MARKING

T3.1

Each item Shall Be Marked in a Permanent and Legible Manner with:

1) Manufacturer's Part Number

2) Manufacturer's Name or Identifying Symbol, and

3) Country of Origin

Each Package including the unit, single, intermediate, and exterior container must be labeled with the requisition number or Transportation Control Number (TCN). Requisition Number and TCN are found on the Purchase Order.

Applies to item(s) : 1, 3, 4, 5, 6, 7, 8, 10, 11, 12 and 13.

PACKAGING

T4.1

One (1) item shall be preserved and packaged in a unit package designed to protect the item against damage during shipment, handling, and storage.

Applies to item(s) : 1, 3, 4, 7, 8, 9, 12 and 13.

T4.2

Each item shall be preserved and packaged in a unit package designed to protect the item against damage during shipment, handling, and storage.

Fifty (50) unit packages shall be packaged in an intermediate package.

Applies to item(s) : 5 and 6.

T4.3

A total of 25 items specified shall constitute an individual package. The item specified may be packaged in any commercial configuration that equals 25.

(Example: 5 items pack x 5 = 1 package of 25.)

Applies to item(s) : 2, 10 and 11.

MARKING

T6.1

All unit, intermediate, transport packages and unit loads shall be marked and bar coded for delivery to the GSA DEPOT and MILITARY ACTIVITIES shall be in accordance with the latest version of MIL-STD-129, "Military Marking For Shipment and Storage". "Latest version" is defined as the version in effect on the date of bid submittal. Federal Standards and Military Standards can be accessed on-line via the Defense Logistics Agency's "Assist" Quicksearch web site:

http://assist.daps.dla.mil/quicksearch/

NOTICE: All Pallets transported / Shipped to the GSA Depot MUST be HEAT TREATED and marked IAW IIPC

Palletization: The shipping (transport) containers shall be palletized. The pallets shall be 48-inch length x 40-inch width, general purpose, four-way entry, flush stringer, and double-face non-reversible pallets. The palletized load shall not exceed 2500 pounds in weight for shipments to the Eastern Distribution Center (Burlington). The palletized load shall not exceed 2000 pounds in weight for shipments to the Western Distribution Center (French Camp Location). The palletized load shall not overhang the pallet deck board edge by more than 1 inch and shall not exceed 53 inches in overall height (including pallet). Less than half pallet loads or loads shipped by small package carrier in acceptable transport packing need not be palletized. When less than full but more than a half pallet is used, the palletized load shall utilize proper bracing and/or reinforcement to ensure that the load can withstand two additional loads placed on it.

Stacking: A load-stacking test shall be performed once, at the beginning of the contract, for each different unitized or palletized load configuration. A fully palletized load shall be tested utilizing a total stack of three palletized loads, with all the proper bracing and/or reinforcement necessary to perform the test. There shall be no evidence of damage to the pallets, shipping containers or products when stack is tested on the rigid surface for a minimum of 24 hours, in compliance with all the National and Local Safety Regulations. The pre-tested palletized load configuration shall be duplicated using the same packaging materials, pattern, number of shipping (transport) containers, and procedures consistent throughout the duration of the contract. Palletized loads shall be stable and safe when handled with mechanical equipment by qualified personnel.

Materials: All lumber used inside or outside a shipment shall be bark free. No used wood pallets with repaired components or stringers will be acceptable. All wood pallet stringers shall be manufactured from hardwoods. Pallets manufactured of materials other than wood, shall conform to all the requirements specified herein.

Unitization: For the purpose of this requirement, the assembled group of containers or items in a single load that can be handled as a unit throughout the distribution system. Unitization encompasses, but is not limited to, consolidation in a container, placement on a pallet or load base having forklift capability, or securely binding together. Shipments should be considered for unitization where appropriate or specified.

Unitization of pallet load: The palletized load shall be unitized and secured to the pallet to insure that the load arrives intact without product damage. The containers or items shall be placed in a suitable pattern to form a stable and balanced load. Vertical, horizontal or filler reinforcement shall be added as necessary to meet the stacking strength requirements. A palletized load shall be secured to the pallet by shrink or stretch wrapping, and/or, by steel or nonmetallic strapping. When steel or nonmetallic strapping is used, edge protectors shall be provided to prevent damage to the cartons when tensioning the strapping. As a minimum, two straps shall run lengthwise, two straps shall run widthwise, and two straps shall run around the girth of the palletized load. A palletized load shall be capable of protecting the products against damage in a multiple handling, transportation, and storage environment having distribution warehouses with rack systems that support the load/s overhead of warehouse personnel.

Notice of special requirements for shipment to all countries, GSA Depots and DLA Consolidated Shipping Points that have endorsed the IPPC Guidelines for treatment of non-manufactured wood packaging: The International Plant Protection Convention (IPPC) has approved and published Guidelines for Regulating Wood Packaging Material in International Trade. Countries endorsing the IPPC Guidelines are found at the website given below. General Services Administration Acquisition Manual (GSAM) Clause 552.211-89 requires non-manufactured wood pallets and other non-manufactured wood packaging material used to pack items for delivery to or through IPPC countries be marked and properly treated in accordance with IPPC guidelines. Pallets and packing material shipped to FAS distribution facilities designated for possible delivery to the countries endorsing the IPPC Guidelines will comply with DLAD 47.305-1, and MIL-STD-2073-1.

http://www.aphis.usda.gov/import_export/plants/plant_exports/wpm/country/index.shtml

UNIT PACKAGES:

The unit packages shall be packed in a close fitting fiberboard box in compliance with the Uniform Freight Classification and the National Motor Freight Classification requirements of Rules, Item 222, Sec. 3., Minimum 200 psi, or Edge Crush Test (ECT) 32 Lbs. per Inch Width.

Applies to item(s) : 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13.

ENVIRONMENTAL FIELDS

TE.6. PRIME

Packaging for this product is compliant with the U.S. Navy "Plastics Removal in the Marine Environment (PRIME)" program which calls for non-plastic packaging, packing, and associated marking requirements. The definition of plastic shall be in accordance with that given in ASTM D883-00, "Standard Terminology Related to Plastics".

Applies to item(s): 2, 3, 6, 10 and 11

ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MARCH 2009)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (Sept 2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (Sept 2007)

(a) Definitions. As used in this clause— “Agency” means “executive agency” as defined in Federal Acquisition Regulation (FAR) 2.101.

“Covered Federal action” means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

“Indian tribe” and “tribal organization” have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

“Influencing or attempting to influence” means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

“Local government” means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

“Officer or employee of an agency” includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

“Person” means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

“Reasonable compensation” means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

“Reasonable payment” means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

“Recipient” includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

“Regularly employed” means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

“State” means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352 the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern—

(A) The qualities and characteristics (including individual demonstrations) of the person’s products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person’s products or services for an agency’s use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments.

(2) Professional and technical services.

(i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, “professional and technical services” are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure.

(1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts.

(1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract exceeding $100,000 under this contract. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract exceeding $100,000.

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) 22.103-5(a) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer.

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (MAY 1999) 32.1110(g) The offeror shall provide, with its offer, the following information that is required to make payment by electronic funds transfer (EFT) under any contract that results from this solicitation. This submission satisfies the requirement to provide EFT information under paragraphs (b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration.

52.242-13 BANKRUPTCY (JUL 1995) 42.903

In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the contract, written notification of the bankruptcy to the Contracting Officer responsible for administering the contract. This notification shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of Government contract numbers and contracting offices for all Government contracts against which final payment has not been made. This obligation remains in effect until final payment under this contract.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

For contract clauses which are contained in the Federal Acquisition Regulation (FAR) the address is http://acquisition.gov/far/.

552.211-73 MARKING (FEB 1996)

a) General requirements. Interior packages, if any, and exterior shipping containers shall be marked as specified elsewhere in the contract. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with the following standards:

(1) Deliveries to civilian activities. Supplies shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.

(2)…