Suppressor RFP_Carbine_RFP-0003859BA0001.docx

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

REQUEST FOR PROPOSAL

SILENCER - 5.56mm NATO

June14, 2021

RFP 0003859B

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A ‑ DEFINITIONS

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J ‑ LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K ‑ REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L ‑ INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M ‑ EVALUATION FACTORS FOR AWARD

PART I – THE SCHEDULE

SECTION A – DEFINITIONS

A.1.2 Bureau Pattern Carbine (BPC) – The FBI has different semi-automatic direct gas impingement weapons chambered in 5.56 NATO caliber. The utilization of the term BPC will identify the components relevant to this solicitation of this weapon in use by the FBI. The BPC is chambered in 5.56 NATO, Colt manufactured 11.5” barrel (chrome lined), 1:7 twist, 1/2 x 28 threaded muzzle, direct gas impingement, Colt pattern firearm, with a .073” gas port, with mil-spec or mil-spec compatible upper and lower receivers. The buffer is stamped H and the feed ramps are “M4” design.

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

B.1 DESCRIPTION OF SUPPLIES

Contractor shall provide suppressors, muzzle adaptors, and training suppressors for non-lethal training ammunition under the policies and procedures prescribed in Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with Part 15, Contracting by Negotiations.

B.2 TYPE OF CONTRACT

The contract will be structured as a Fixed Price, Indefinite-Delivery Indefinite-Quantity (IDIQ), type contract for one (1) base year and four (4) possible one-year option periods. A single contract shall be awarded. The FBI anticipates making this an IDIQ contract award to the highest technically rated Offeror with a fair and reasonable price. The FBI may conduct a best value tradeoff on this procurement.

B.3 CONTRACT AND ORDER LIMITATIONS

Delivery 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 quantity designated in the Schedule as the “maximum,” hereby established as $4,900,000.00 over the life of the contract. The Government shall order at least the quantity of supplies or services designated as the “minimum,” hereby established as $2,000.00 over the life of each contract established.

The government shall not be required to purchase from the Contractor any additional quantities after the initial guaranteed minimum. The obligation of funds and specific quantities will be ordered through individual delivery orders or the Government Purchase Card Program.

B.4 PRICING/FIVE (5) YEAR ESTIMATED CONTRACT COST

Price proposals shall be submitted using the Pricing Matrix provided in this solicitation, refer to Section J, List of Attachments, Attachment 1 of the solicitation package.

[End of Section]

SECTION C - STATEMENT OF WORK

C.1 GENERAL DESCRIPTION

The Federal Bureau of Investigation (FBI) is the federal government's principal agency responsible for investigating violations of more than 260 Federal statutes. As an investigative arm of the Unites States Department of Justice, FBI personnel, in the execution of their responsibilities, may be involved in high threat assignments where deadly force may be used in the face of violent confrontations.

In direct support of training and operational activities the FBI has a need to acquire a suppressor for the following:

5.56MM COLT PATTERN CARBINE: Suppressor intended to be fired during training in a shoot house environment and/or during operational use.

C.2 SCOPE

C.2.1 Provide suppressors, flashhiders, and non-lethal training aid which are fully compatible with weapons issued or approved by the FBI (see Section A.1.2).

C.2.2 Deliver within 60 days after receipt of order. Deliveries to be shipped FOB to the FBI Academy, Quantico, VA and/or Redstone Arsenal, AL.

C.3 GENERAL REQUIREMENTS:

C.3.1 The suppressor must be of “flow through” design allowing for maximum gas to escape the front of the suppressor and away from the shooter’s face.

C.3.2 The suppressor must not be modular in design; however, the end cap may be removable and/or replaceable.

C.3.3 The suppressor must reduce the sound pressure level by at least 10 dB when compared to firing unsuppressed with the BPC.

C.3.4 The combined unsuppressed and suppressed accuracy objective is 2 MOA and the threshold is 4 MOA with a BPC and service ammunition.

C.3.5 The suppressor shift must not exceed 1.5 MOA.

C.3.6 The suppressor must add no more than 5.5” to the carbine as measured from the muzzle.

C.3.7 The weight of the suppressor and its flash hider must not exceed 19 ounces.

C.3.8 The suppressor diameter must not exceed 1.8 inches at the widest part of its body (QD attachment point excluded).

C.3.9 The suppressor must be a “Quick-Detach” (QD) design utilizing a flash-hider style muzzle device, threaded ½-28 TPI. Muzzle brakes are not allowed.

C.3.10 The suppressor must produce minimal flash and sparks when fired as referenced in Section M.2.2.

C.3.11 It is preferred, but not required, that the suppressor accommodate a tool for removing the suppressor when seized due to carbon build-up. Offeror’s which do not provide a submission with a tool for removing the suppressor will not be penalized.

C.3.12 The Offeror must provide a use and care manual outlining cleaning and maintenance schedule for the suppressor and flash hider.

C.3.13 The suppressor must be available in flat dark earth or similar color and must be resistant to degradation in appearance by heat or common cleaning practices.

C.3.14 The Offeror must provide a non-lethal training aid (“blue suppressor”). The training aid shall be the same diameter, length, weight, and utilize the same QD mount as the “operational” suppressor.

C.3.15 The Offeror must provide a suppressor warranty for a minimum of 10,000 rounds.

C.3.16 It is preferred, but not required, that the suppressor include a Quick Response (QR) Code on the main body of the suppressor. The QR Code must contain the suppressor serial number only. Offeror’s which do not provide a submission with a QR Code will not be penalized.

C.3.17 Offeror must be capable of supplying the entire quantity of suppressors.

C.3.18 The suppressor must function[footnoteRef:2] BPCs with the FBI’s current 5.56mm service [2: Functioning is defined as feeding, chambering, locking, firing, unlocking, extracting, ejecting, and cocking. This is also referred to as the ”cycle of operation.”] rounds: Federal, 62 grain Tactical Bonded (product Z223T3FBISBC) and Federal, 64 grain Tactical Bonded Soft Point (product # Z556T4FBI)[footnoteRef:3]. [3: These munitions will be used in all phases of the 5.56mm carbine suppressor evaluation.]

C.4 --Intentionally Left Blank--

C.5 QUALITY CONTROL PLAN

C.5.1 Contractor shall provide specific information on Quality Control measures applied to all suppressors acquired under contract. Any revisions shall be forwarded to the COR within five (5) calendar days of the effective date.

C.5.2 Suppressors which fail any portion of Contractor’s Quality Control testing shall be rejected and not shipped. No further attempts shall be made to correct or otherwise remediate suppressors which have failed any portion of the testing, for purposes of delivery under this contract.

C.5.3 Contractor shall be capable of performing a failure analysis for any suppressor returned for repair or replacement.

C.6 AUTHORIZED BUYERS

C.6.1 Interested parties shall contact the identified Contracting Officer for prior authorization. Authorized Buyers include: Department of Justice agency components. Other agencies may seek permission to utilize the contract on a case by case basis directly to the Administrative Contracting Officer.

C.7 REPORTS

C.7.1 Contractor shall provide quarterly reports, to the Contracting Officer, within ten (10) calendar days of the end of the quarter [Jan-Mar/Apr-Jun/Jul-Sep/Oct-Dec] during which supplies were ordered. The report shall include:

a) Contract Number

b) Period of Performance (ex: Base Year/Qtr. 1)

c) List of individual orders “ACCEPTED” during quarter for each authorized buyer (include delivery order number & dollar value of order).

NOTE: “ACCEPTED” refers to an order that has been received during the quarter, regardless if the order shipped. When an order has been received/accepted by the Contractor, the maximum, not to exceed, contract value is impacted.

d) Total dollar value of all accepted orders during the quarter (combined quarterly figure).

e) Total dollar value of usage to date (current quarterly figure combined with previous quarters) under the contract.

It is preferred that this information be provided using Microsoft Excel.

If the quarterly report is not provided within ten (10) calendar days of the end of quarter, a written explanation as to why the report is tardy shall be provided with the quarterly report.

C.8 SECURITY AND ACCESS CONTROL

C.8.1 All required security forms and fingerprint cards can be obtained by the Contractor through the COR, upon request. On-site visits require a minimum of 48 hours advance notice, unless an exigent circumstance exists which will require prior COR or Contracting Officer approval.

C.9 MEDIA STATEMENTS

C.9.1 All press statements and releases related to the contract shall receive advance written approval by the Administrative Contracting Officer.

[End of Section]

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

Preservation, packaging, and packing for all items delivered hereunder shall be in accordance with commercial practice and adequate to ensure acceptance by common carrier and safe arrival at destination. The Contractor shall place the contract and delivery order number on or adjacent to the exterior shipping label.

Contractor shall be capable of tracking suppressors sold and shipped under the contract in the event of a recall. Upon request, the Contractor shall supply this information to the COR for warranty purposes.

D.2 PACKAGING AND IDENTIFICATION

D.2.1 The suppressor, flash hider, and non lethal training aid shall be packed separately in standard commercial packaging materials with accompanying use and care manual.

D.2.2 The suppressor packaging shall include make, model, color, caliber, and serial number.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 QUALITY ASSURANCE

The Government shall monitor customer satisfaction by reviewing quarterly reports and tracking shipments. The satisfactory delivery of suppressors will be closely monitored and tracked by the COR as well as the FBI’s Defensive Systems Unit. Items tracked include: timely delivery of supplies; accuracy of order; and condition of delivery upon receipt.

Contractor shall take corrective action within five (5) days of written notification of a contract non-conformance. Action shall include replacement of all defective, deficient, or suspect suppressors; and provide COR with written results of failure analysis and preventative measures to avoid repetitive non-conformances.

Failure to maintain the quality, durability, and reliability standards established at the time of award is detrimental to the Government. Should a continuing pattern of failure emerge, this may constitute grounds for the initiation of termination proceedings.

E.2 WARRANTIES

The Contractor warrants this product to be free of defects and of merchantable quality within the meaning of the Uniform Commercial Code. Offeror further warrants that the product conforms to all applicable requirements as outlined in the Section C.

[End of Section]

SECTION F – DELIVERIES AND PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The anticipated period of performance shall be a twelve (12) month base period, to begin on the date of award, with four (4) potential one-year option periods.

F.2 DELIVERY SCHEDULE

Suppressors shall be drop shipped to destinations set forth in Section C.2.2. Partial deliveries may be accepted with prior approval from the COR.

ALL DELIVERIES SHALL BE RECEIVED BY THE REQUESTOR NO LATER THAN 60 DAYS AFTER RECEIPT OF ORDER BY THE CONTRACTOR.

Contractor shall makes their best effort to deliver within 60 days or provide the COR and Requestor with a realistic delivery date at the time an order is placed.

If delivery cannot be made within this timeframe, the Contractor shall forward notification with a detailed reason for delayed shipment to the COR and Requestor’s attention.

F.3 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with contract delivery schedules or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the COR, in writing, giving pertinent details; provided, however, that this data shall be informational only and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.4 PLACE OF DELIVERY

Delivery of suppressors must be FOB “Destination” as set forth in C.2.2.

F.5 F.O.B. DESTINATION (52.247‑34) (NOV 1991)

(a) The term "F.O.B. destination," as used in this clause, means‑‑

(b) The Contractor shall;

(1) Pack and mark the shipment to comply with contract specifications; or in the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of Clause)

[End of Section]

SECTION G – CONTRACT ADMINISTRATION

G.1 JAR 2852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (JAN 1985)

A. An individual that shall be named after contract award is hereby designated to act as the Contracting Officer’s Representative (COR) under this contract.

B. The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

C. The COR does not have the authority to alter the Contractor's obligations under the contract; and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of clause)

G.2 ADMINISTRATIVE CONTRACTING OFFICER (ACO)

An individual may be named upon award. Any/all contract related matters shall be addressed to the attention of the CO/ACO throughout the life of the contract. Technical matters shall be addressed with the COR.

G.3 ORDERING

In accordance with Federal Acquisition Regulation (FAR) 16.505, Ordering, and the clause at 52.216-18, Ordering, any supplies to be furnished under these contracts shall be ordered by issuance of delivery orders by entities authorized under the contract.

G.4 INVOICING REQUIREMENTS

A. Invoices shall be submitted electronically to:

FBI IMPLEMENTATION OF INVOICE PROCESSING PLATFORM (IPP) ELECTRONIC INVOICING SYSTEM

The Federal Bureau of Investigation (FBI) is implementing an electronic invoicing system, the Invoice Processing Platform (IPP), to comply with the Office of Management and Budget’s 2018 electronic invoicing mandate.

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency. To learn more about IPP, please visit IPP.gov.

Beginning in January 2021, the FBI will progressively increase the number of contracts that it transmits to IPP. To prepare for this transition, please review the transition schedule and actions below.

Action to take:

If you are already enrolled in IPP:

If your company is already registered in IPP, you will not be required to re-register. Please contact your organization’s IPP account administrator so that he/she may add you as an additional user to your company’s vendor profile. If necessary, update and/or correct relevant user data in your company’s IPP collector account. Additionally, please ensure that your company is registered in SAM.gov. Your company’s Electronic Business POC in SAM.gov will be designated as an IPP administrator by default. This individual will be responsible for initial account registration as well as creating and managing your company’s IPP users and permissions.

Upon notification by a Contracting Officer (signed purchase order, signed purchase order modification, etc.), please submit your invoices via the IPP system. The cover pages of applicable purchase orders and purchase order modifications will contain the following advisory: “Send all invoices via IPP, NOT central_invoices@fbi.gov.”

If you are NOT already enrolled in IPP:

If your company is not registered to use IPP, no action in IPP is required at this point in time. The FBI will enroll your company by using the provided contact information relevant to your company in SAM.gov. Please ensure that your company is registered in SAM.gov. Your company’s Electronic Business POC in SAM.gov will be designated as an IPP administrator by default. This individual will be responsible for initial account registration as well as creating and managing your company’s IPP users and permissions. Please note that due to U.S. Department of the Treasury guidelines, IPP cannot set up User IDs using a shared email address.

1. To begin the IPP enrollment process, your company’s designated Electronic Business POC in SAM.gov will receive two emails from IPP Customer Support (ipp.noreply@mail.eroc.twai.gov):

· The first email contains the initial administrative IPP User ID

· The second email, sent within 24 hours of receipt of the first email, contains a temporary password

· You must log in with the temporary password within 30 days

2. Registration is complete when the initial administrative user logs into the IPP web site with the User ID and password provided and accepts the IPP rules of behavior. Additional user accounts, including administrators, can be created after initial login.

3. Upon notification by a Contracting Officer (signed purchase order, signed purchase order modification, etc.), please submit your invoices via the IPP system. The cover pages of applicable purchase orders and purchase order modifications will contain the following advisory: “Send all invoices via IPP, NOT central_invoices@fbi.gov.”

Training Vendor training materials, including a first-time login tutorial, are available on the IPP.gov website.

Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities ranging from creating and submitting an invoice to setting up email notifications.

Live webinars are held monthly and provide a great opportunity to learn the basics of the system. See IPP.gov for more details.

Additional Support IPP Customer Support Team is available Monday through Friday from 8:00 am to 6:00 pm EST

· Phone: (866) 973-3131

· Email: IPPCustomerSupport@fiscal.treasury.gov

· For answers to frequently asked questions, visit the Vendor FAQ page on the IPP.gov web site.

For general questions related to the FBI’s transition to IPP, please send an email to IPP@fbi.gov.

For contract-specific questions, please contact the designated contracting officer for your contract.

We appreciate your patience and participation as we make this transition.

B. All invoices are required to have a unique identifying, non-duplicable number, and reflect the contract number, delivery order number, list of supplies, delivery date and Contractor point of contact information (name, email address, phone number).

C. It shall be the Contractor’s responsibility to include the information required by this contract on each invoice. If an invoice does not contain the above information, the Government reserves the right to reject the invoice as IMPROPER and notify the vendor within seven (7) days after receipt of the invoice at the designated billing office. Resubmission of a PROPER invoice will be required.

D. Any requirement for resubmission for payment or Contractor questions regarding payment should be directed to the COR or Agency Point of Contact under the contract. All follow-up invoices (i.e. revised, resubmitted) shall be marked "REVISED".

G.5 SMALL BUSINESS ACCELERATED PAYMENT

Contractor must indicate its business size on each invoice to assist payment office in determining eligibility for accelerated payment in accordance with OMB Memo M-11-32, ‘ACCELERATING PAYMENTS TO SMALL BUSINESSES FOR GOODS AND SERVICES’, dated 10/14/2011. The Prompt Payment Act still applies to this action; however, the agency will make best efforts to pay proper invoices within 15 days.

G.6 PAYMENT

Payment will be made by the FBI’s Commercial Payments Unit (CPU) in accordance with the Prompt Payment Act upon COR certification of receipt of supplies.

G.7 WITHHOLDING OF CONTRACT PAYMENTS

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services will result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the terms and conditions of the contract. The Government shall promptly notify the contractor of its intention to withhold payment of any invoice or voucher submitted.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with other contract provisions. The Government will, before disclosure, make an administrative determination on a case‑by‑case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the ACT. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

H.2 GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

The government shall have unlimited rights, as delineated in the FAR clause Rights in data-special works (52.227-17) which is included in SECTION I by reference, to all documentation and other data developed by the Contractor under these s contracts.

The Contractor shall not duplicate or disclose in any manner, for any purpose whatsoever, or have or permit others to do so, any documentation or other data developed and/or obtained by the Contractor under this contract. Any publications, presentations and other release of information regarding this contract must be pre-approved by the Contracting Officer.

H.3 ACCESS TO FEDERAL BUREAU OF INVESTIGATION (FBI) LOCATIONS

Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified below, including approval by the FBI's Security Division, must be satisfied prior to access. Contractors who will require escorted access, including short-term, intermittent, or infrequent access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI Facilities, Background Data Information Form," (FD-816), a "Privacy Act of 1974 Acknowledgment Form" (FD-484) and two Fingerprint Cards (FD-258). Completed forms should be provided to the assigned Contracting Officer's Representative (COR) at least 10 days prior to required access.

H.4 CONTRACTOR SUITABILITY REQUIREMENT

Access to FBI facilities and information is subject to specific security and suitability requirements. The FBI reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee determined by the FBI, at any time during performance, to be unsuitable for access and/or present a risk of compromising sensitive government information to which he or she would have access to under this contract. Contractors will be allotted a reasonable amount of time, determined by the government, to replace the employee found not suitable for continued contract performance. Failure to replace the employee may result in a no cost termination for cause by the government.

H.5 DOJ RESIDENCY REQUIREMENT

All Contractor personnel employed within the United States, both United States citizens and non-United States citizens, are required to meet the following residency requirements:

a. For three of the five years immediately prior to applying for the specific contract position, the individual must have 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capability; or 3) be a dependent of a Federal or military employee serving overseas.

The requirement may be waived for short term contractor personnel (performing duties for a cumulative total of 14 days or less) if there is a critical need for their specialized and unique skills. These individuals must, however, be United States citizens or Permanent Resident Aliens.

H.6 DISRUPTION TO THE SCHEDULE

The Contractor shall notify the COR at any time when there is or may be a disruption of any type which would delay any deliveries under the schedule. Such notification shall be provided to the COR by telephone, as soon as the situation is known to the Contractor, and shall be followed up in writing to both the COR and Contracting Officer within five (5) days.

PART II – CONTRACT CLAUSES

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 this/these address(es):

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

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

COMMERCIAL ITEMS

BUSINESS SUBCONTRACTORS

(End of Clause)

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the Offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

XX (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

XX (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors…