(R) RFQ_Gp 12 2 Drawer (1).docx

COVER PAGE

SOLICITATION NO.: 47QSWA-23-Q-1303

OPEN MARKET, BLANKET PURCHASE AGREEMENT WITH ECONOMIC PRICE ADJUSTMENT

FOR

FSC CLASS 7110 – SECURITY CABINETS AND EQUIPMENT

GROUP 12 – Class 6 Two Drawer Legal Size Containers

PERIOD: DATE OF AWARD THROUGH TWO YEARS OR $7,500,000, WHICH EVER COMES FIRST

NOTICE TO OFFERORS:

ALL QUOTATIONS SHALL BE EMAILED TO: martin.cieszlak@gsa.gov.

Please note the following changes made since the issuance of the last solicitation for the supplies covered herein:

1. This procurement contains 12 NSNs of Physical Security Equipment under Group 12.

2. Quotes shall be submitted on the Standard Form, SF 1449. Quoters shall include all subsequent pages following this form. Sign and date your quote and submit by quote due date. Quoters that fail to furnish required representations or information or reject the terms and conditions of the request of quotation, may be excluded from consideration.

3. Pursuant to clause M-FSS-301-C, award will be made in the aggregate. In order to qualify for an award, prices must be submitted on each NSN listed. The total BPA price for Group 12 will be individually considered for award.

4. Parallel contracting provisions will be included in this procurement to allow two or more contractors to simultaneously provide the same product to ensure the continuous availability of reliable sources of supply.

5. The Government intends to evaluate quotes and award agreement(s) based on initial quotations. Therefore, quoters are encouraged to submit their best offer with their initial quote submittal. However, the Government reserves the right to seek clarifications, if later determined necessary by the Contracting Officer.

***PLEASE REMOVE THESE COVER PAGES BEFORE SUBMITTING YOUR OFFER TO GSA***

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

N/A

PAGE

2. CONTRACT NO.

N/A

5. SOLICITATION NUMBER

47QSWA-23-Q-1303

6. SOLICITATION ISSUE DATE

October 19, 2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Martin D. Cieszlak (martin.cieszlak@gsa.gov)

b. TELEPHONE NUMBER

817-850-5512

8. OFFER DUE DATE/ LOCAL TIME

October 28, 2022

3:00 PM CDT

9. ISSUED BY CODE

|_| WOMEN-OWNED SMALL BUSINESS

General Services Administration Southwest Supply & Acquisition Center (7QSBPB-M4) 819 Taylor Street, Room 7A37 Fort Worth, TX 76102-6105

|X| SMALL BUSINESS

|_| HUBZONE SMALL

BUSINESS

|_| (WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

|_| SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

|_| EDWOSB NAICS: 337214

SI |_| 8 (A) SIZE STANDARD: 1,000 Employees

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|X| SEE SCHEDULE

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

To be shown on each order issued under any contract resulting from this solicitation.

Same as #9

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE

FACILITY CODE

|_|17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

A. This is a Request for Quotations (RFQ) for an Open Market Blanket Purchase Agreement (BPA). The BPA(s) will be awarded as not to exceed $7,500,000 performance period for Group 12. However, since demand can fluctuate significantly up or down due to market conditions, this agreement will be awarded as not to exceed $7,500,000 or 2 years, whichever occurs first.

(Continued on Pages 2-5)

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

Refer to individual delivery orders

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The Agreement(s) will be reviewed annually prior to option exercise. The estimated quantities for the BPA(s) are indicated on page(s) 7 - 8 of this RFQ. The Federal Acquisition Service, Southwest Supply and Acquisition Center (SSAC) may issue orders against these BPA(s) for items listed herein. This is not a contract. A binding agreement only arises if the SSAC issues an order, and the order is accepted by the BPA-holder. Estimates contained herein are provided for informational purposes only. There is no guarantee that any orders or any specific amount of orders will be issued. Any delivery orders issued will be pursuant to the evaluation of the quotations received. This is only a request for pricing. DO NOT SHIP.

B. The Government will award a BPA(s) in accordance with the method of award on page(s) 65 - 66 at the end of this RFQ.

C. Delivery terms for any orders issued will be FOB Origin, Freight Prepaid (due to order system limitations, orders issued as a result of this/these BPA(s) will reflect FOB Origin Pre-Pay and Add which is the exact same terms and conditions as Prepaid), direct delivery orders to any CONUS location. However, packaging and labeling may be required for orders with ultimate delivery locations OCONUS.

D. The Schedule of Item(s) are on page(s) 7 and is to be used in submitting price quote information. Provide the unit price per the unit of issue shown and extend the sum. The Schedule of Items may also be submitted in Microsoft Excel or like format.

E. The estimated total quantities listed in the Schedule of Items were retrieved from historical data and represent NO GUARANTEE to the volume of purchases to be placed under any resulting Open Market BPA.

F. The Item Purchase Description(s) are in the Attachment 1. It is the quoter’s responsibility to provide only items that fully comply with the specifications of the Item Purchase Description(s).

G. Clauses, applicable to any orders issued under this BPA, are shown on page(s) 8 - 60.

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|_| COMPLETE |_| PARTIAL |_| FINAL

38. S/R ACCOUNT NO.

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 2/2012) BACK

PART I- CONTINUATION OF SF 1449

H. When responding to this RFQ, you must complete and return the entire package. If you “No Quote,” then please indicate and return page(s) 1 - 2 only. Failure to complete the entire package and provide any required supplemental documentation may result in your quotation being considered non-compliant and may receive no further consideration for award.

I. The North American Industry Classification System (NAICS) code for this acquisition is *337214* Small Business Size Standard 1,000 Employees.

J. FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) is incorporated by reference.

K. When responding to this RFQ, please submit the entire document by email, to martin.cieszlak@gsa.gov. The full document and all supporting documentation must be received by email by the closing date and time (See block 8).

L. It is preferred that each quote package be submitted as an attachment to the RFQ response via email. If quote is received later than the exact time specified in in block 8 of the RFQ, it will be considered “late” and will not be accepted.

M. This is notice that the Government intends to evaluate quotes and award will be made on initial quotes and advises vendors to submit their best terms and prices in their initial quotation.

N. The awardee(s) will be required to ship to APO/FPO addresses, and to ship, when they receive orders that indicate these types of ship-to addresses. This is a mandatory requirement. This typically includes but is not limited to any items (including part number offerings) under 70 pounds.

O. Section 889 of the FY19 National Defense Authorization Act (NDAA) is legislation passed to combat national security and intellectual property threats that face the United States. Representation and reporting requirements of Section 889 Parts A and B apply to all contracts in support of the GSA Global Supply program.

P. Special shipment requirements may also include naval ships, which should be considered export shipments for labeling, packaging, and pallet requirements. NAVSUP shipments will also include a requirement to contact the agency for additional shipping instructions and possible delivery address clarification.

Q. For specific transportation and packaging questions, please contact Mr. Mark Somerville at mark.somerville@gsa.gov.

R. If supplies shipped are not packaged, packed, and marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor, to perform the required repackaging/repacking/remarking, by contract or otherwise, and charge the Contractor at the following rates:

1. First Hour - $150.00

2. Each Additional Hour: $70.00

A minimum of two (2) hours is required for each incident, making the minimum charge for remarking $220.00.

The Contractor may also be charged for material costs, if incurred. This right is not exclusive and is in addition to other rights or remedies provided for in this contract. The rates above shall be determined and may be periodically updated by the Commissioner, Federal Acquisition Services, or a designee.

Signature Date

S. 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.

Deliveries to military activities: Supplies shall be marked in accordance with Military Standard 129, edition in effect on the date of issuance of the solicitation.

T. Price increases, regarding any subsequent BPA, will be a matter for negotiation.

U. Contractor’s past performance will be considered for evaluation. See page(s) 41.

V. To obtain specifications:

Commercial Item Descriptions - https://quicksearch.dla.mil/qsSearch.aspx. Type the document name in the "Document ID" field or document number in “Document Number” field and hit Search.

FED Specs – Copies of these documents are available from the Standardization Document Order Desk, 700 Robbins Avenue, Building 4D, Philadelphia, PA 19111-5094 or online at https://quicksearch.dla.mil/qsSearch.aspx. Type the document name in the "Document ID" field or document number in “Document Number” field and hit Search.

MIL Specs - Copies of these documents are available from the Standardization Document Order Desk, 700 Robbins Avenue, Building 4D, Philadelphia, PA 19111-5094 or online at https://quicksearch.dla.mil/qsSearch.aspx. Type the document name in the "Document ID" field or document number in “Document Number” field and hit Search.

ANSI Standards - Application for copies of ANSI standards should be addressed to American National Standards Institue,25 West 43rd Street, 4th floor, New York, NY 10036. Telephone: 212-642-4900, Fax: 212-398-0023. www.ansi.org. (ANSI does charge for their services.)

ASTM Standards- Application for copies of ASTM standards should be addressed to ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. Telephone: 610-832-9585, FAX: 610-832-9555. www.astm.org. (ASTM does charge for their services.)

AWWA Standards - Application for copies of AWWA standards should be addressed to American Water Works Association 6666 W. Quincy Ave., Denver, CO 80235. www.awwa.org. (AWWA charges for their services.)

NSF Standards - Application for copies of NSF/ANSI standards should be addressed to NSF International, PO Box 130140, 789 N. Dixboro Road, Ann Arbor, MI 48113-0140. www.nsf.org. (NSF does charge for their services.)

UL Standards - Application for copies of UL standards should be addressed to UL Headquarters, 333 Pfingsten Road, Northbrook, IL 60062. www.ul.com. (UL does charge for their services.)

SAE Standards - Application for copies of SAE standards should be addressed to 400 Commonwealth Drive, Warrendale, PA 15096. www.sae.org. (SAE does charge for their services.)

Recycled Material - Information related to the EPA’s Comprehensive Procurement Guidelines (CPG) for recovered materials can be found at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

Biobased/BioPreferred Products - Information related to the U.S. Department of Agriculture’s (USDA) BioBased and BioPreferred program can be found at can be found at https://www.biopreferred.gov/BioPreferred/.

VOC Products - Information related to the California Air Resources Board Volatile Organic Compounds regulations can be found at https://www.arb.ca.gov/consprod/regs/regs.htm.

DOE Energy Star Products - Information related to the DOE Energy Star products can be found at https://www.energystar.gov/.

Energy-Efficient Products - Information related to Federal Energy Management Program (FEMP) Energy-Efficient products can be found at https://www4.eere.energy.gov/femp/requirements/laws_and_requirements/energy_star_and_femp_designated_products_procurement_requirements.

Water-Efficient Products - Information related to the Water-Efficient Products can be found at https://www4.eere.energy.gov/femp/requirements/laws_and_requirements/energy_star_and_femp_designated_products_procurement_requirements.

W. There will be no minimum order amount under this Blanket Purchase Agreement.

X. This BPA can be cancelled by either party with a 30 day written notice.

Y. GSA’s Order Management Service (OMS) will process orders utilizing only Electronic Data Interchange (EDI) or Vendor Portal (VP). Facsimile transmitted orders will no longer be an option.

· EDI provides for fully electronic processing of all ordering transactions

· VP provides an internet portal for vendors to retrieve orders and manually input transactional data.

EDI is the preferred business transaction processing method, but vendors with low order volumes and less technical proficiency may use VP for reasons of lower overall costs and/or higher implementation costs for EDI.

Vendors are hereby notified that as of January 26, 2017, all new awardees are required to select either EDI or VP to interface with GSA Global Supply on receiving orders resulting from their award. EDI is the preferred method of order transmission to our vendors, but VP is an acceptable means of transmission.

Vendors are required to review the instructions regarding enrollment in either one of these systems and processes contained in Pages 66 - 71 of this RFQ.

Enrollment in either program is required upon award and must be requested no later than 5 days after receipt of award. Failure to enroll may cause your award to be cancelled or terminated.

For further instructions on how to enroll in either program please contact the following:

EDI: GSAEDI@gsa.gov or EDI Help Desk at 703-605-9444 Vendor Portal: Gee.Jeon@gsa.gov or NCSC at 800-488-3111

All completed pages (1 - 71) must be returned with your quote. Failure to provide the required information may result in your quote no longer being evaluated or considered for award.

Request for Quotation: 47QSWA-23-Q-1303 Dated: October 19, 2022

A. Taxpayer Identification Number: __________________________

B. Unique Entity Identifier (UEI): __________________________

C. Contractor Point of Contact: ______________________________ Phone Number: _______________________________ Email Address: _______________________________ Are you a large or small business? _______________________________ Are you a manufacturer or dealer? _______________________________

D. Supplier Name*_______________________________ Point of Contact*______________________________ Supplier UEI*: _______________________________ Supplier TIN*_______________________________ Is your supplier a large or small business? _______________________________

*Please complete the Supplier’s name, TIN, and UEI number for each NSN if different.

Note: “Supplier” refers to the company providing the product if you are not the manufacturer.

SCHEDULE OF SUPPLIES AND QUOTED PRICES –

(CONTINUATION OF SF 1449, Blocks 19 – 24) SCHEDULE OF ITEMS - GROUP 12 (2 Drawer) Group 12 IAW FED SPEC AA-F-358 Locks in accordance with FF-L-2740 Unit of Issue for all NSNs is Each (EA) NAICS Code: 337214 1,000 Employees

Manufacturer’s Name, and Part Number Est’d Orders (12-Month)

Est’d Qty.

(12- Month)

Unit Price

(1 EA)

Total FOB Origin Price (Est’d Qty X Unit Price)

FILING CABINET (QPL-AA-F-358)

FILING CABINET (QPL-AA-F-358)

FILING CABINET (QPL-AA-F-358)

FILING CABINET (QPL-AA-F-358)

FILING CABINET (QPL-AA-F-358)

FILING CABINET (QPL-AA-F-358)

FILING CABINET (QPL-AA-F-358)

FILING CABINET (QPL-AA-F-358)

FILING CABINET (QPL-AA-F-358)

FILING CABINET (QPL-AA-F-358)

FILING CABINET (QPL-AA-F-358)

FILING CABINET (QPL-AA-F-358)

Annual FOB Origin Freight Prepaid BPA Total (Sum of Total Unit Price X Est. 12-month Qty for Each Item) $

Total FOB Origin Freight Prepaid BPA Price (Annual BPA Total X 2 Years) $

Must enter weight and cube for each item

Ancillary Accessories and Related Items Any vendor that receives award as a result of the evaluation of the schedule of items above will be allowed to add ancillary accessories and related items to their offerings. Only those items that are approved by the Government and fall within the scope of this BPA will be added. Those added accessories will be evaluated by the Government for fair and reasonable pricing using random sampling but will not be evaluated separately as an evaluation factor (See “Evaluation – Commercial Items pages 41 for Evaluation Factors). Vendors must submit a list of accessory part numbers and offered pricing in a separate Excel spreadsheet using the format provided in Attachment 2 within 60 days of BPA award. Allocations will remain unchanged regardless of price or shipment time for the added accessory items.

Every description should begin with the following, “This item/accessory is only for use with (manufacturer’s name) security containers.”

ITEM PURCHASE DESCRIPTIONS (IPD) / SPECIFICATIONS

Item Purchase Descriptions (IPDs) are provided in Attachment 1 for each NSN in the group as listed in the Schedule of Items on page(s) 7 -8.

PART II - CONTRACT CLAUSES

552.211-81 TIME OF SHIPMENT -- Alternate I (FEB 1996) Shipment is required within 90 calendar days after receipt of order.

Each delivery order will specify that shipment is required no later than the number of days shown above. If such order also states that “Early Shipment is Precluded,” the Contractor agrees to make shipment no sooner than calendar days after receipt of order. Earlier shipments may result in nonacceptance of the supplies at the delivery point at the time of arrival.

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (Nov 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment.-

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

Economic Price Adjustments (EPA)

EPAs will be at the CO discretion and will be limited to twice a year, once during the performance period, and one at option exercise. Price adjustments will only be considered if market conditions warrant percentage change from the last adjustment period. Contractor(s) shall provide documentation to support price adjustments. To ensure the awarded position (primary, second, third, etc.) are retained, the Government will consider all documentation submitted by all vendors, as well as market research conducted to determine a fair and reasonable price increase/decrease %. That singular price increase/decrease will be applied to all vendor contracts and all NSN’s.

Any market conditions that warrant economic price changes beyond twice a year will be considered at the sole discretion of the Contracting Officer.

A-FSS-32 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (OCT 1988)

The clause entitled “Notice of Partial Small Business Set Aside,” applies to the following items in this solicitation: Group 12 will be awarded, the Primary and Secondary Contractor Positions are set aside for Small Business.

I-FSS-118 PARALLEL CONTRACTS (MAR 1996)

The Schedule of Items contained in this solicitation identifies requirements that may be awarded to more than one offeror, as set forth in the Method of Award clause.

I-FSS-965 INTERPRETATION OF CONTRACT REQUIREMENTS (APR 1984)

No interpretation of any provision of this contract, including applicable specifications, shall be binding on the Government unless furnished or agreed to in writing by the Contracting Officer or his designated representative.

52.222-50 Combating Trafficking in Persons (NOV 2021)

(a) Definitions . As used in this clause- Agent means any individual , including a director, an officer, an employee , or an independent contractor , authorized to act on behalf of the organization.

Coercion means-

(1) Threats of serious harm to or physical restraint against any person ;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person ; or

(3) The abuse or threatened abuse of the legal process.

Commercial sex act means any sex act on account of which anything of value is given to or received by any person .

Commercially available off-the-shelf (COTS) item —

(1) Means any item of supply (including construction material ) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product ” at Federal Acquisition Regulation (FAR) 2.101;

(ii)Sold in substantial quantities in the commercial marketplace; and (iii)Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2)Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products .

Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

Forced Labor means knowingly providing or obtaining the labor or services of a person -

(1) By threats of serious harm to, or physical restraint against, that person or another person ;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

Involuntary servitude includes a condition of servitude induced by means of-

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time , manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs-

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance ; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition , is a recruitment fee, regardless of whether the payment is-

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback , bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to-

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

Severe forms of trafficking in persons means-

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion , or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude , peonage, debt bondage , or slavery.

"Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act .

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract .

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor .

United States means the 50 States, the District of Columbia, and outlying areas .

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not-

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract ;

(2) Procure commercial sex acts during the period of performance of the contract ;

(3) Use forced labor in the performance of the contract ;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee ’s identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)

(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee , basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee , and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees or potential employees recruitment fees ;

(7)

(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States ); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract , if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States ); except that-

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract , fail to provide an employment contract , recruitment agreement, or other required work document in writing . Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee ’s work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees , work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall -

(1) Notify its employees and agents of-

(i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract , reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification.

(1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of-

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee , subcontractor , subcontractor employee , or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting , and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract , which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee , subcontractor , subcontractor employee , or their…