RFQMPWboxes.doc

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

1.Requisition or other Purchase Authority:

2. Request for Proposal

(RFP) Number:

RFQ NIHOD2015054

3. Issue Date:

March 12, 2015

4. Set Aside:

[ ] No

[ X] Yes See “II” of RFQ

1. Title : Bio-hazardous Medical Pathological Waste (MPW) Boxes, Bags, and Ties

ISSUED BY:

Terita Stevenson, Contract Specialist

Office of Acquisitions

Office of The Director

National Institutes of Health

OD OLAO

6011 Executive Boulevard, MSC 7663,Room 539C, Rockville, MD 20852-7663

2. SUBMIT OFFERS TO:

See Part III, Section J, "Packaging and Delivery of the Proposal," ATTACHMENT 1 of this Solicitation.

3. Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in Attachment 1, "Packaging and Delivery of the Proposal," until 2:00 pm EST local time on April 10, 2015 . Offers will be valid for 90 days unless a different period is specified by the offeror on the Attachment entitled, "Proposal Summary and Data Record, NIH 2043.

4. This solicitation requires delivery of proposals as stated in ATTACHMENT 1, "PACKAGING AND DELIVERY OF THE PROPOSAL." If proposals are required to be delivered to two different locations, the OFFICIAL POINT OF RECEIPT for determining TIMELY DELIVERY is the address provided for the OFFICE OF ACQUISITIONS.

IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE PLACE AND TIME SPECIFIED FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH [subparagraph (c)(3) of FAR Clause 52.215-1, Instructions to Offerors--Competitive Acquisition,"/HHSAR Clause 352.215-70, "Late Proposals and Revisions"] LOCATED IN SECTION L.1. OF THIS SOLICITATION.

5. Offeror must be registered in the Central Contractor Registry (CCR) prior to award of a contract. Offerors must access the CCR through The System for Award Management (SAM) at http://www.sam.gov

6. FOR INFORMATION CALL: Terita Stevenson

PHONE: 301-402-3727

e-MAIL: stevenst@od.nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED.

I.: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. Offerors shall submit all questions concerning this solicitation in writing to the Contract Specialist (stevenst@od.nih.gov). Questions shall be received no later than March 19, 2015.

II.: The solicitation number is RFQ-NIHOD2015054 and solicitation is issued as a Request for Quotation (RFQ).

III.: The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-78 December 26, 2014, and 79 December 15, 2014.

IV.: The North American Industry Classification (NAICS) is 562211 and the Standard Size is $38.5 million.

V.: A list of contract line item number(s) and items, quantities and units of measure, (including option(s), option years).

Addendum - Continuation of SF-1449 (Blocks 19 - 24) Pricing Schedule

The estimated quantities shown below represents the Governments best estimate of the supplies to be ordered under the contract during the stated period of contract performance and are intended for price evaluation and fund obligation purposes only (refer to Addendum to FAR Clause 52.212-4 – Contract Terms and Conditions – Commercial Items, Paragraph 5).

Basic Contract Period: ______________________ through

[Specific dates to be completed at time of award]

Estimated

Unit Total

Product Description

Quantity

Price Price

1.

Box and Bag, Bio-hazardous Waste Disposal:

NSN 8115-00-L04-0680

Shall provide Box and Bag, Bio-hazardous

Waste Disposal accordance with the specifications herein.

Shall include NIH bar-coding, refer to

NIH Standard #6, latest in effect.

30,000 Pkg $_____ $_____

Bidding on:

Manufacturer ___________________

Brand _________________________

Number _______________________

Option Period One: _____________________ through

[specific dates to be completed at time of award]

Price Price

31,050

Option Period Two: _____________________ through

Price Price

32,137

Option Period Three: _____________________ through

Price Price

33,262

Option Period Four: _____________________ through

Price Price

34,426

Total Base Year plus four Option Years

160,874 Pkg

Addendum - Continuation of SF-1449 (Blocks 19 - 24)

SPECIFICATIONS

MPW PACAKAGES

SPECIFCATIONS AND MARKINGS

MEDICAL PATHOLOGICAL WASTE BOX

CONTAINER SPECIFICATIONS

a. Size (inside dimensions) shall be 18 inches (45.72cm) X 14 inches (35.56cm) X 18 inches (45.72cm).

b. Shall be oyster white

c. Shall be certified of meeting the following:

1. Minimum Edge Crush Test (ECT) value of 44.

2. Size limit of 95 inches (215.90cm)

3. Gross weight limit of 95 lbs (36.29kg) (Box and contents).

4. Shall be made of flute corrugated cardboard

5. Joint shall be lapped and glued inside only.

d. Shall have a modified “T” top with locking tabs on flaps B. Flaps are to be labeled A, B, C. Folding instructions for the user to be on the “B” flap.

e. Shall have a “crash” bottom.

f. Boxes shall be manufactured of a minimum of 30% recycled material.

g. Shall be folded flat in package.

h. Boxes shall meet the following certifications:

1. Drop Test per CFR Title 49, Transportation, Part 178.603

2. Stacking Test CFR Title 49,Transportation, Part 178.606

MARKINGS

i. Markings, letters, numbers and symbols, shall be orange.

j. Ink shall be Sun Chemical Corp Number GCMI 81.

k. Boxes shall be specifically marked as follows, in addition to the requirements of the Federal Specifications:

1. Shall provide arrows indicating “Burn Box Up”.

2. “Incinerate Only” on all four (4) sides of the box

3. The biohazard symbol, “Biohazard”, and “Incinerate Only” identification on all four (4) sides of the box.

4. “Special Medical Waste” on all four (4) sides of the box to comply with COMAR Title 26.

5. “Regulated Medical Waste, n.o.s., UN3291” on all four (4) sides of the box to comply with US DOT shipping requirements.

6. All markings shall be orange and placed directly on the exterior surface of the box.

7. Markings shall be the approximate size indicated on illustrations.

8. Markings shall not be camouflaged by the manufacturer’s name, address, product information, etc.

l. Markings of packaging for transportation shall be in accordance with code of federal regulations (CFR) Title 49, Transportation, Part 178.503

MEDICAL PATHOLOGICAL WASTE

CABLE TIE SPECIFICATION

a. Plastic “electrical” cable ties, exactly 12” inches (30 cm) long.

b. Shall be white/natural

c. Shall automatically lock at any diameter.

d. Shall be a minimum of 120 lb (54.43 kg) tinsile strength fasteners.

e. Shall have 10 cable ties per package.

MEDICAL PATHOLOGICAL WASTE

LINER SPECIFICATIONS AND CERTIFICATION

a. Polyethylene, low density, not less than .003 inches (.00762cm) thickness, Tolerance on thickness shall be minus 0 and + (plus) the standard of the industry. (no less than 3 MIL)

b. Shall be 19 ½” inches (49.53cm) wide X 17 ½” inches (44.45cm) deep X 44 ½” inches (113.03cm) long, dimensions shall be inside measurements + ½” inch (1.27cm)

1. Type – flat, shall be one piece construction.

2. Style – sides shall be gusseted and the bottom shall be heat sealed.

3. Material – Shall be Grade A Polyethylene, untreated.

c. Shall be one piece construction, and shall have a tuck on sides between face and back of bag. Tucks shall be approximately 9 inches (22.86cm) wide from crease to edge and crease shall be parallel to the sides.

d. Bags shall be marked showing certification of also meeting the following:

1. Impact resistance as prescribed in ASTM D 1709.04

2. Tear resistance as prescribed in ASTM D 1922.03a

SKID PACKAGING

MEDICAL PATHOLOGICAL WASTE

SKID PACKAGING

Skid packaging:

a. Each individual package shall contain 5 boxes, 10 ties, And 10 black bags.

b. Each package shall be strapped with strapping to avoid slippage from skid.

c. Ten packages shall be banded together making a bundle. Shall have 4 (four) “bundles” per skid.

d. Each package shall have a cardboard slip sheet on the top and bottom to protect the packages from damage.

e. Bundles shall be strapped to pallet and shrink wrapped to stabilize for shipping.

BUNDLES:

10 MPW Packages are banded together to create a “bundle”. Each bundle containers 50 boxes, 100 liners, and 100 cable ties. Cardboard is utilized to protect the packages within the bundles.

SKIDS:

4 Bundles of MPW Packages are banded together to create a “skid”. Each skid contains 40 MPW Packages, or 200 boxes, 400 liners, and 400 cable ties.

Once the four bundles are put on a skid, they are protected with cardboard, shrink wrapped, and then banded to the pallet to protect the supplies during transport. The additional banding to the skid ensures the integrity of the medical pathological waste packaging supplies.

Addendum - Continuation of SF-1449 (Blocks 19 - 24)

ARTICLE D.1 DELIVERY

All deliveries must be coordinated in advance with the Gaither Distribution Center (GDC) Customer Service Department, telephone (301) 496-9156, at least one business day prior to shipping. Unless otherwise specified, deliveries shall be made to the delivery point specified below Monday through Friday, excluding Federal holidays, between 8:30 a.m. and 3:30 p.m. only. The day for delivery will be in accordance with the delivery schedule faxed with each order to the Contractor. Supplies scheduled for delivery on a Federal holiday shall be made the following workday. Trucks arriving after the specified time will not be allowed to remain overnight at the delivery point and MUST return the following day for unloading. Supplies scheduled for delivery on a federal holiday shall be made the following workday.

Satisfactory performance of this contract shall be deemed to occur upon delivery and acceptance by the Contracting Officer or the duly authorized representative of the item(s) described herein. Deliveries shall be made f.o.b. destination, within consignee’s premises to the following location:

National Institutes of Health

Gaither Distribution Center

16050 Industrial Drive, Suite 300

Gaithersburg, MD 20877

ARTICLE D.2 PACKAGING AND MARKING

(a) Preservation, Packaging, and Packing – Unless otherwise specified in the solicitation, Military Standard 2073-1D Notice 1, dated 10 May 2002 or latest in effect, Standard Practice for Military Packaging, shall be used to afford adequate protection against corrosion, deterioration, and physical damage during shipment from supply source to the destination specified in the solicitation.

(b) Delivery Tickets – Delivery tickets must cite the identifying contract number, delivery order number, and the name of the individual placing the order. When delivery is made by the Contractor’s own courier, a delivery ticket must be left with the ordering official or other designated receiving official showing Date, Purchase Order Number, Quantity/Pallets, and Description.

When delivery is made by other than the Contractor’s own courier, for example, via air mail, parcel post, railway express, etc., a delivery ticket must be enclosed with each consignment.

Article D.3 - SAMPLE REQUIREMENT Vendors will be required to submit a sample. The samples shall be labeled and packaged as stated below. Bidders failing to submit properly labeled and packaged samples will be considered non-responsive and will be rejected. See paragraphs below for a full description of the evaluation/qualification process.

The items shall be furnished at no expense to the Government as part of the submission. The sample will remain the property of the Government and will not be returned. All samples shall be received on or before the time designated for the initial response as indicated by the date in Block 8 of the SF-1449.

Samples, (Supply a bid sample to include one box, one bag, and one tie, and each meet the minimum specifications as per the solicitation); shall be tagged showing the Solicitation Number, Contractor’s name and the word “Sample”. The samples shall be mailed or delivered to: National Institutes of Health, Office of Acquisition (OLAO), ATTN: Terita Stevenson, 6011 Executive Blvd., Room 539C, Rockville, Maryland 20852 and must be received by the date and time for initial bid submissions. Samples will be evaluated to determine compliance with quality, workmanship and other product requirements as specified in this solicitation. NOTE: IF YOU HAVE SAMPLES SENT DIRECTLY TO THE NIH BY THE MANUFACTURER, THEY MUST STILL COMPLY WITH ALL OF THE ABOVE LABELING INSTRUCTIONS FOR BID SAMPLES.

Only those vendors whose proposed products are determined to meet the salient characteristics delineated in this solicitation through the sample evaluation process and who also provide the following information (BY THE DATE AND TIME DESIGNATED FOR RECEIPT OF INITIAL BID RESPONSES IN BLOCK 8 OF SF 1449) with their initial bid submission will be considered:

a.

A signed SF 1449 b.

A completed copy of the Representations and Certifications c.

Samples as described above in the paragraph entitled Sample Requirements, which are determined by the Government to meet ALL of the salient characteristics, outlined above.

d. Submission of executed copy of FAR 52-212-3-Offeror Representations and Certifications-Commercial Items

e. Pricing scheduled filled out (Business Proposal)

f. Technical Proposal

g. Descriptive Literature

ARTICLE D.4 FAR 52.247-35 -- F.o.b. -- Destination, Within Consignees Premises.

As prescribed in 47.303-7(c), insert the following clause in solicitations and contracts when the delivery term is f.o.b. destination, within consignee’s premises:

F.o.b. Destination, Within Consignee’s Premises (Apr 1984)

(a) The term “f.o.b. destination, within consignee’s premises,” as used in this clause, means free of expense to the Government delivered and laid down within the doors of the consignee’s premises, including delivery to specific rooms within a building if so specified.

(b) The Contractor shall --

(1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) 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)

Addendum to FAR 52.212-4 - Contract Terms and Conditions - Commercial Items Article 1 CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)

The following clauses are hereby incorporated and made a part of this contract. All clauses incorporated by reference have the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov/comp/far/index.html SEQ CHAPTER \h \r 1FEDERAL ACQUISITION REGULATION (FAR)(48 CFR CHAPTER 1) CLAUSES

52.212-4 Contract Terms and Conditions - Commercial Items (Sept 2005)

52.247-35 F.O.B. Destination, Within Consignee’s Premises (Apr 1984)

Article 2 Period of Performance

(e) Performance of the work called for in this contract shall be for a 12-month period commencing through [specific dates to be completed at time of award] with options to extend for four successive 12-month periods.

(f) If the Government exercises its option pursuant to FAR 52.217-9, Option to Extend the Term of the Contract, the period of performance will be extended as indicated below and the estimated contract amount increased accordingly:

Period of Performance

Contract Amount

1st Option

[to be completed at time of award]

2nd Option

3rd Option

4th Option

Article 3 Time of Delivery

The Government requires delivery to be made within 7 calendar days from the date the Contractor receives an order. The Government will evaluate equally, as regards to time of deliver, offers that propose delivery within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above will be considered nonresponsive and rejected. The Government reserves the right to award either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE:

Within___calendar days after receipt of order.

Article 4 Requirements (Oct 1995)(FAR 52.216-21)

This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by order issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after contract expiration, unless performance is extended by modification to the contract.

Article 5 Option to Extend the Term of the Contract (Mar 2000)(FAR 52.217-9)

(a) The Government may extend the term of this contract by written notice to the Contractor within 3 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

Article 6 Ordering (Oct 1995)(FAR 52.216-18)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through [specific dates to be completed at time of award].

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

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders maybe issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule.

Article 7 Order Limitations (Oct 1995)(FAR 52.216-19)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25.00 , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of the estimated total stated in the pricing Schedule;

(2) Any order for a combination of items in excess of the estimated total stated in the pricing schedule;

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 hours after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

ARTICLE E.2 FAR 52.219-6 -- Notice of Total Small Business Set-Aside Alternate I

(Oct 1995)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

For size standard and NAICS code see Block 10 of the SF 1449

ARTICLE E.3 FAR 52.214-21 -- Descriptive Literature (Apr 2002)

(a) “Descriptive literature,” as used in this provision, means information furnished by a bidder, such as cuts, illustrations, drawings, and brochures, that shows a product’s characteristics or construction or explains its operation. The term includes only that information required to evaluate the acceptability of the product and excludes other information for operating or maintaining the product.

(b) Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as --

(1) Design;

(2) Materials;

(3) Components;

(4) Performance characteristics; and

(5) Methods of manufacture, assembly, construction, or operation.

(c) Descriptive literature, required elsewhere in this solicitation, shall be --

(1) Identified to show the item(s) of the offer to which it applies; and

(2) Received by the time specified in this solicitation.

(d) If the bidder fails to submit descriptive literature on time, the Government will reject the bid, except that late descriptive literature sent by mail may be considered under the Late Submissions, Modifications, and Withdrawals of Bids provision of this solicitation.

(e) If the descriptive literature fails to show that the product offered conforms to the requirements of the solicitation, the Government will reject the bid.

ARTICLE E.4 INVOICE SUBMISSION

a.

Invoice Instructions for NIH Fixed-Price Type Contracts, NIH(RC)-2, are attached and made part of this contract. The Contractor shall follow the attached instructions and submission procedures specified below to meet the requirements of a "proper invoice” pursuant to FAR Subpart 32.9, Prompt Payment and shall invoice on a monthly basis.

Payment requests shall be submitted as follows:

(a) One original to the following designated billing office:

National Institutes of Health

Office of Financial Management

Commercial Accounts

2115 East Jefferson Street, Room 4B-432, MSC 8500

Bethesda, MD 20892-8500

(b) One copy to the following approving official and project officer:

Terita Stevenson

Contract Specialist

National Institutes of Health

Office of the Director

Office of Acquisitions (OLAO) Branch 2

6011 Executive Boulevard, Room 539-C MSC 7663

Bethesda, MD 20892-7663

E-mail: stevenst@od.nih.gov

COR

TBD at time of contract award

The Contractor shall submit an electronic copy of the payment request to the approving official/project officer in lieu of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in a format compatible with the computer systems at NIH [e.g., MS Word, MS Excel, or Adobe Portable Document Format (PDF)]. (Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a “proper invoice.”)]

(2) In addition to the requirements specified in FAR Subpart 32.9 for a proper invoice, the Contractor shall include the following information on all payment requests:

(a) Name of the Office of Acquisitions. The Office of Acquisitions for this contract is OLAO Branch 2.

(b) Central Point of Distribution. For the purpose of this contract, the Central Point of Distribution is oaolaob2@mail.nih.gov.

(c) Vendor Identification Number. This is the 7 digit number that appears after the Contractor’s name in Block 7 of Standard Form 26. (Note: This only applies to new contracts awarded on/after June 4, 2007, and any existing contract modified to include the number.)

(d) DUNS number or DUNS+4 that identifies the Contractor’s name and address exactly as stated on the face page of the contract.

(e) Identification of whether payment is to be made using a two-way or three-way match. This contract requires a three-way match.

(f) Inquires regarding payment shall be directed to the designated billing office, (301) 496-6088.

ARTICLE E.5 FAR Clause 52.217 – 9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

ARTICLE E.6 FAR Clause 52.217-8 -- Option to Extend Services.

Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

ARTICLE E.7 FAR 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of award through ___TBD at time of Award.

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

(a) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

ARTICLE E.8 FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum Order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum Order. The Contractor is not obligated to honor—

Any order for a single item in excess of the estimated total stated in the pricing Schedule;

(2) Any order for a combination of items in excess of the estimated total stated in the pricing Schedule; or

(3) A series of orders from the same ordering office within 14 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

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

ARTICLE E.9 FAR 52.216-22 Indefinite Quantity. (Oct 1995)

(a)

This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _______________ [insert date].

ARTICLE E.10 Method of Ordering

The Consignees or Ordering Officials shall sign all orders (including written confirmation of oral or telephonic orders) involving requests for supplies under this contract. Each delivery shall be accompanied by a packing slip or other evidence of delivery or performance.

The following are authorized Ordering Officials:

Name

TBD at time of contract award

ARTICLE E.11 Type of Contract and Number of Award(s)

It is anticipated that the award from this solicitation will be a multiple year indefinite delivery indefinite quantity (IDIQ) contract with a one (1) year period of performance with four (4) one year option periods. The Government reserves the right to make a single award, multiple awards, or no award as a result of this solicitation.

F List of Attachments

Title

Pages

Proposal Intent Response Sheet

2.

Packaging and Delivery of the Proposal

3.

Disclosure of Lobbying Activities Form SF-LLL

4.

Past Performance Questionnaire

5.

Invoice Instructions

SEQ CHAPTER \h \r 1 FAR Clause 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS (DECEMBER 2014)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014).

(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

3. __ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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 and 108-78 (19 U.S.C. 3805 note)).

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 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 (APR 2010) (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 (JUL 2013) (Pub.L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved]

__ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (AUG 2013) (31 U.S.C. 6101 note).

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

__ (10)

(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

__ (11)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (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

__ (12) [Reserved]

__ (13) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

(ii) Alternate I (NOV 2011).

(iii) Alternate II (NOV 2011).

__ (14)

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.

Alternate II (MAR 2004) of 52.219-7.

__ (15) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637 (d) (2) and (3).

__ (16)

52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d) (4)).

(ii) Alternate I (OCT 2001) of 52.219-9.

Alternate II (OCT 2001) of 52.219-9.

(iv) Alternate III (OCT 2014) of 52.219-9.

__ (17) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

__ (18) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a) (14)).

__ (19) 52.219-16, Liquidated Damages–Subcontracting Plan (JAN 1999) (15U.S.C. 637(d) (4) (F) (i)}.

__ (20) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C 657f).

__ (21) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a) (2)).

__ (22) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).

__ (23) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013) (15 U.S.C. 637(m)).

__ (24) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

__ (25) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

__ (26) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

__ (27) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

__ (28) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

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

__ (30) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

__ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496)

__ (32) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 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.)

__ (33)

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.)

__ (34)

(i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O. 13423 and 13514)

___ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (35)

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

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

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

__ (37) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014)

(E.O. 13423 and 13514).

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

__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG

2011)(E.O. 13513).

__ (39) 52.225-1, Buy American --Supplies (MAY 2014) (41 U.S.C. chapter 83).

__ (40)

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, Pub. L. 108-77, 108-78, 108-286, 108-302 109-53, 109-169, 109-283, 110-138, Pub. L.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.

__ (41) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (42) 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).

__ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note.)

__ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (47) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (48) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) (31 U.S.C. 3332).

__ (49) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

__ (50) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (51) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

Alternate I (DEC 2007) of 52.223-16.

__ (52)

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

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)

__ (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAY 2014)

(42 U.S.C. 1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p) (1)).

__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).

(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.

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.

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)(i) 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 (APR 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

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

(vii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38.U.S.C. 4212)

(viii) 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.

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

(x) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 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).

(xii) 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).

(xiii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note.)

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658)

While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

*** (Note: Include the following only if the Head of the Agency has waived the examination of records by the Comptroller General. If this is not the case, DELETE Alternate I, below, before including in any contract.) ***

Alternate I (Feb 2000).

As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

*** (Note: If this acquisition will use funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009 (Pub.L. 111-5), the following Alternate II is required. Additionally, Alternate I of this clause may not be used when Alternate II is applicable.) ***

Alternate II (DEC 2014)

As prescribed in 12.301(b) (4) (ii), substitute the following paragraphs (d) (1) and (e) (1) for paragraphs (d) (1) and (e) (1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and

Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e) (1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(E) 52.222-35, Equal Opportunity for…