FCSA RFP Sec I_sb.pdf

QTA-010-CTA-0010

I-1

SECTION I

CONTRACT CLAUSES

I.1 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 these addresses:

FEDERAL ACQUIISITION REGULATION:

https://www.acquisition.gov/far/

GENERAL SERVICE ADMINISTRATION ACQUISITION MANUAL (GSAM):

http://www.acquisition.gov/GSAM/gsam.html

(End of Clause)

RFP Section FAR Clause No. Title and Date

I.1.1 52.202-1 Definitions (JUL 2004)

I.1.2 52.203-3 Gratuities (APR 1984)

I.1.3 52.203-5 Covenant Against Contingent Fees (APR1984)

I.1.4 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

I.1.5 52.203-7 Anti-Kickback Procedures (JUL 1995)

I.1.6 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

I.1.7 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

I.1.8 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(SEP 2007)

I.1.9 52.203-13 Contractor Code of Business Ethics and Conduct (DEC 2008)

I.1.10 52.204-2 Security Requirements (AUG 1996)

I.1.11 52.204-4 Printing/Copying Double-Sided on https://www.acquisition.gov/far/ http://www.acquisition.gov/GSAM/gsam.html

I-2

Recycled Paper (AUG 2000)

I.1.12 52.204-7 Central Contractor Registration (APR 2008)

I.1.13 52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

I.1.14 52.211-5 Material Requirements (AUG 2000)

I.1.15 52.215-2 Audit and Records - Negotiation

(MAR 2009)

I.1.16 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997)

I.1.17 52.215-10 Price Reduction for Defective Cost or Pricing Data (OCT 1997)

I.1.18 52.215-11 Price Reduction for Defective Cost or Pricing Data - Modifications

(OCT 1997)

I.1.19 52.215-12 Subcontractor Cost or Pricing Data

(OCT 1997)

I.1.20 52.215-13 Subcontractor Cost or Pricing Data - Modifications (OCT 1997)

I.1.21 52.215-14 Integrity of Unit Prices (OCT 1997)

I.1.22 52.215-17 Waiver of Facilities Capital Cost of Money (OCT 1997)

I.1.23 52.217-2 Cancellation Under Multiyear Contracts (OCT

1997)

I.1.24 52.219-6 Notice of Total Small Business Set-Aside

(JUNE 2003)

I.1.25 52.219-8 Utilization of Small Business Concerns (MAY 2004)

I-3

I.1.26 52.219-14 Limitations on Subcontracting (DEC 1996)

I.1.27 52.219-28 Post-Award Small Business Program

Rerepresentation (APR 2009)

I.1.28 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)

I.1.29 52.222-3 Convict Labor (JUN 2003)

I.1.30 52.222-21 Prohibition of Segregated Facilities (FEB 1999)

I.1.31 52.222-26 Equal Opportunity (APR 2002)

I.1.32 52.222-29 Notification of Visa Denial

(JUN 2003)

I.1.33 52.222-35 Affirmative Action for Special Disabled

Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

I.1.34 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

I.1.35 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

(SEP 2006)

I.1.36 52.222-41 Service Contract Act of 1965 (NOV 2007)

I.1.37 52.222-50 Combating Trafficking in Persons (FEB 2009)

I.1.38 52.222-54 Employment Eligibility Verification (JAN 2009)

I.1.39 52.223-5 Pollution, Prevention and Right-to-Know Information (AUG 2003)

I.1.40 52.223-6 Drug-Free Workplace (MAY 2001)

I.1.41 52.223-14 Toxic Chemical Release Reporting

(AUG 2003)

I.1.42 52.224-1 Privacy Act Notification (APR 1984)

I-4

I.1.43 52.224-2 Privacy Act (APR 1984)

I.1.44 52.225-1 Buy American Act – Supplies (FEB 2009)

I.1.45 52.225-13 Restrictions on Certain Foreign Purchases

(JUN 2008)

I.1.46 52.227-1 Authorization and Consent (DEC 2007)

I.1.47 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

I.1.48 52.227-3 Patent Indemnity (APR 1984)

I.1.49 52.227-10 Filing of Patent Applications – Classified Subject Matter (DEC 2007)

I.1.50 52.227-14 Rights in Data - General (DEC 2007)

I.1.51 52.228-5 Insurance - Work on a Government Installation (JAN 1997)

I.1.52 52.229-3 Federal, State, and Local Taxes (APR 2003)

I.1.53 52.229-6 Taxes - Foreign Fixed-Price Contracts

(JUN 2003)

I.1.54 52.232-1 Payments (APR 1984)

I.1.55 52.232-8 Discounts for Prompt Payment (FEB 2002)

I.1.56 52.232-11 Extras (APR 1984)

I.1.57 52.232-17 Interest (OCT 2008)

I.1.58 52.232-23 Assignment of Claims (JAN 1986)

I.1.59 52.232-25 Prompt Payment (OCT 2008)

I.1.60 52.232-33 Payment by Electronic Funds Transfer- Central Contract or Registration (OCT 2003)

I.1.61 52.232-37 Multiple Payment Arrangements (MAY 1999)

I.1.62 52.233-1 Disputes (JUL 2002), Alternate I (DEC 1991)

I-5

I.1.63 52.233-3 Protest After Award (AUG 1996)

I.1.64 52.233-4 Applicable Law for Breach of Contract Claim

(OCT 2004)

I.1.65 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

I.1.66 52.237-3 Continuity of Services (JAN 1991)

I.1.67 52.239-1 Privacy or Security Safeguards

(AUG 1996)

I.1.68 52.242-13 Bankruptcy (JUL 1995)

I.1.69 52.243-1 Changes - Fixed Price (AUG 1987), Alternate II

(APR 1984)

I.1.70 52.244-2 Subcontracts (JUN 2007)

I.1.71 52.244-6 Subcontracts for Commercial Items

(AUG 2009)

I.1.72 52.246-25 Limitation of Liability - Services

(FEB 1997)

I.1.73 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)

I.1.74 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

I.1.75 52.253-1 Computer Generated Forms (JAN 1991)

I.2 52.215-19 Notification of Ownership Changes (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

I-6

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall —

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor’s ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

(End of Clause)

I.3 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the contract. Such orders may be issued from date of award through the life of this contract.

(b) All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control.

(c) If mailed, a delivery 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.

(End of Clause)

I.4 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 $50 for the first four years and $100 for each option year of the contract, the Government is

I-7 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 the following:

(1) Any order for a single item in excess of $10,000,000 in annual value;

(2) Any order for a combination of items in excess of $10,000,000 in annual value; or

(3) A series of orders from the same ordering office within 0 days that together call for quantities exceeding the limitation in subparagraph

(b) (1) or (2) above.

(c) Notwithstanding paragraph (b) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five 5 working days after issuance, with written notice stating the Contractor’s intent not to supply the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.5 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 contract. The quantities of supplies and services specified in the contract 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 contract up to and including the quantity designated in the contract as the “maximum.” The Government is responsible only for the minimum dollar guarantee designated in the contract.

(c) Except for any limitations on quantities in the Delivery-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;

QTA-010-CTA-0003

I-8 provided, that the Contractor shall not be required to make any deliveries under this contract after 6 months after the expiration of this contract.

I.6 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of period of performance end date.

(End of Clause)

I.7 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause)

I.8 GSAM 552.203-71 Restriction on Advertising (SEP 1999) The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the White House, the Executive Office of the President, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the Contractor, including price-off coupons, that refers to a military resale activity shall contain the following statement: “This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government

(End of Clause)

I.9 GSAM 552.211-15 Defense Priorities and Allocations System

Requirements (SEP 2004)

(a) Definitions.

Approved program means a program determined to be necessary or appropriate for priorities and allocation support to promote the national defense by the Secretary of Defense, the Secretary of Energy, or the Department of Homeland Security Under Secretary for Emergency Preparedness and Response under the

I-9 authority of the Defense Production Act, the Stafford Act, and Executive Order 12919, or the Selective Service Act and related statutes, and Executive Order 12742. See Schedule 1 of15 CFR part 700 for a list of Delegate Agencies, approved programs, and program identification symbols at http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm

Defense Priorities and Allocations System (DPAS) means the regulation published at15 CFR part 700 that requires preferential treatment for certain contracts and orders placed by a Delegate Agency in support of an approved program.

Delegate Agency means an agency of the U.S. Government authorized by delegation from the Department of Commerce (DOC) to place priority ratings on contracts or orders needed to support approved programs.

Rated order means for the purpose of this contract, a delivery or task order issued in accordance with the provisions of the DPAS regulation (15 CFR part700).

(b) Rated Order Requirement.

From time to time, the Contractor may receive a rated order under this contract from a Delegate Agency. The Contractor must give preferential treatment to rated orders as required by the Defense Priorities and Allocations System (DPAS) regulation (15 CFR part 700). The existence of previously accepted unrated or lower rated orders is not sufficient reason to reject a rated order. Rated orders take preference over all unrated orders as necessary to meet required delivery dates. There are two levels of ratings designated by the symbol of either "DO" or "DX." All "DO" rated orders have equal priority with each other and take preference over unrated orders. All "DX" rated orders have equal priority with each other and take preference over "DO" rated orders and unrated orders. The rating designation is followed by a program identification symbol. Program identification symbols indicate which approved program is supported by the rated order (see Schedule 1 of 15 CFR part700 for a list of Delegate Agencies, approved programs, and program identification symbols).

(c) Additional information.

Additional information may be obtained at the DOC DPAS website http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm or by contacting the designated Administrative Contracting Officer.

I.10 GSAM 552.215-70 Examination of Records by GSA (FEB 1996) The Contractor agrees that the Administrator of General Services or any duly authorized representatives shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Subpart

4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm

I-10 have access to and the right to examine any books, documents, papers, and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder. The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the Subcontractor agrees that the Administrator of General Services or any authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such Subcontractor involving transactions related to the subcontract or compliance with any clauses thereunder. The term “subcontract” as used in this clause excludes (a) purchase orders not exceeding $100,000 and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.

(End of Clause)

I.11 GSAM 552.229-71 Federal Excise Tax—Dc Government (SEP 1999) If the District of Columbia cites an Internal Revenue Tax Exempt Certificate Number on orders placed under this contract, the Contractor shall bill shipments to the District of Columbia at prices exclusive of Federal excise tax and show the amount of such tax on the invoice.

(End of Clause)

I.12 GSAM 552.232-23 Assignment of Claims (SEP 1999) Because this is a requirements or indefinite quantity contract under which more than one agency may place orders, paragraph (a) of the Assignment of Claims clause (FAR 52.232-23) is inapplicable and the following is substituted therefore:

In order to prevent confusion and delay in making payment, the Contractor shall not assign any claim(s) for amounts due or to become due under this contract. However, the Contractor is permitted to assign separately to a bank, trust company, or other financial institution, including any Federal lending agency, under the provisions of the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereinafter referred to as "the Act"), all amounts due or to become due under any order amounting to $1,000 or more issued by any Government agency under this contract. Any such assignment takes effect only if and when the assignee files written notice of the assignment together with a true copy of the instrument of assignment with the contracting officer issuing the order and the finance office designated in the order to make payment. Unless otherwise stated in the order, payments to an assignee of any amounts due or to become due under any order assigned may, to the extent specified in the Act, be subject to reduction or set-off.

I.13 GSAM 552.232-77 Payment by Government Charge Card (NOV 2009)

(a) Definitions. “Governmentwide commercial purchase card” means a uniquely numbered charge card issued by a Contractor under the GSA SmartPay® program contract for Fleet, Travel, and Purchase Card Services to named individual Government employees or entities to pay for official Government purchases.

I-11

“Oral order” means an order placed orally either in person or by telephone.

(b) At the option of the Government and if agreeable to the Contractor, payments of $100,000 or less for oral or written orders may be made using the Governmentwide commercial purchase card.

(c) The Contractor shall not process a transaction for payment using the charge card until the purchased supplies have been shipped or services performed. Unless the cardholder requests correction or replacement of a defective or faulty item under other contract requirements, the Contractor must immediately credit a cardholder’s account for items returned as defective or faulty.

(d) Payments made using the Governmentwide commercial purchase card are not eligible for any negotiated prompt payment discount. Payment made using a Government debit card will receive the applicable prompt payment discount.

(End of Clause)

I.14 GSAM 552.252-6 Authorized Deviations in Clauses (SEP 1999)

(a) Deviations to FAR clauses.

(1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) clause by the addition of “(DEVIATION)” after the date of the clause, if the clause is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of “(DEVIATION (FAR clause no.))” after the date of the clause.

(b) Deviations to GSAR clauses. This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation clause by the addition of “(DEVIATION)” after the date of the clause.

(c) “Substantially the same as” clauses. Changes in wording of clauses prescribed for use on a “substantially the same as” basis are not considered deviations.

(END OF SECTION I)

I.1 52.252-2 Clauses Incorporated by Reference (FEB 1998)