FY_2018_PASSENGER_BUS_TRANSPORTATION_-_SPECIAL_NOTICE.pdf

RFQP03151700022 Page 1 of 21

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

2. CONTRACT NO.

a. NAME

3. AWARD/EFFECTIVE 4. ORDER NUMBER

DATE

1. REQUISITION NUMBER

RFQP03151700022

ISSUE

DATE

09118/2017

7. FOR SOLICITATION INFORMATION

CALL:

9. ISSUED BY SET ASIDE:

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

b. TELEPHONE NUMBER (No col/ectcal/s) 8. OFFER DUE DATE / LOCAL

TIME

(0) 662-716-1020 (F)662-716-1024 09/30/201716:00:00

10. THE ACQUISITION IS

o o o

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVlCE-DISABLED VETERAN-OVloNED

SMALL BUSINESS

o o o 8(A)

UNRESTRICTED OR %FOR

IM:lMEN-OVloNEDSMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OVloNED

SMALL BUSINESS PROGRAM NAICS 485113

EDIM:lSB

SIZE STANDARD: $10,000,000

12. DISCOUNT TERMS11. DELIVERY

UNLESS BLOCK IS MARKED

O SEE

SCHEDULE

o 13a.THIS CONTRACT ISA

RATEDORDER UNDER DPAS

(15 CFR 700)

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

ADMINISTERED BY

1-.-------1 Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

CODE

17a. CONTRACTOR! CODE

OFFEROR

GREYHOUND LINES, INC.

350 N_ST PAUL

DALLAS, TX 75201-4285

DUNS 151197878

TELEPHONE NO.

8a. PAYMENTWILL BE MADE BY CODE

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

29. AWARD OF CONTRACT: REF. OFFER

DATED YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDINGANY ADDITIONS OR CHANGESWHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

D 28. CONTRACTOR IS REQUIREDTO SIGN THIS DOCUMENTAND RETURN COPIES TO

ISSUINGOFFICE CONTRACTORAGREES TO FURNISHAND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIEDABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

30a. SIGNATURE OF OFFEROR!CONTRACTOR

See Continuation Sheet(s) ( Use Reverse and/or Attacn Additional Sheets as Necessary)

26. TOTAL AWARD AMOUNT (For Govt. Use Only)25. ACCOUNTING AND APPROPRIATION DATA

ARE

ARE

ARE NOTATTACHED

ARE NOT ATTACHED

D17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

FY 2018 PASSENGE BUS TRANSPORTATION

SERVICES: FOR INMATE RELEASES (BUS

TICKETS) from October 01, 2017 thru September 30, PROCUREMENT TYPE: ***SPECIALNOTICE

ONLY***

THIS NOTICE ISNEITHER A REQUEST FOR

QUOTATIONNOR A SOLICITATION OF OFFER

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1,52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 ISATTACHED. ADDENDA

31a. UNITED STATES OFAMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED

09/18/2017

31b. NAME OF THE CONTRACTING

Kecha Goston

(TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 212012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP03151700022 Page 2 of 21

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

D RECEIVED D INSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPTAS NOTED: _

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAMEAND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OFAUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OFAUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

DCOMPLETE DPARTIAL DFINAL

IPARTIAL I IFINAL

38. SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVEDAT (Location)

42c. DATE REC'D (YYIMMIDD) I42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.212012) BACK

Section

RFQP03151700022 Page 3 of 21

Table of Contents

Description Pa2e Number

Solicitation/Contract Form 1 Commodity or Services Schedule 4 Contract Clauses 9

52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) 9 52.252-6 Authorized Deviations in Clauses (Apr 1984) 10 52.212-4 Contract Terms and Conditions--Commercial Items (May 2015) .

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (June 2016) ..

List of Attachments 16 Solicitation Provisions 17

52.204-8 Annual Representations and Certifications (Apr 2016) 17 52.230-7 Proposal Disclosure Cost Accounting Practice Changes (Apr 2005) 19 52.204-7 System for Award Management (JuI2013) 19

RFQP03151700022 Page 4 of 21

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Gre~hOUndBus Lines: INMATE TRANSPORTATION SERVICES 1.000000 SV $ $ For nmate Releases ~us Tickets) at FCC Yazoo City for the period of October 01, 017 thru September 30, 2018.

LARGE BUSINESS

RFQP03151700022 Page 5 of 21

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)

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

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

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

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

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

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

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

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

RFQP03151700022 Page 6 of 21

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

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

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

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

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

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

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

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

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

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the fma1decision shall identify

RFQP03151700022 Page 7 of 21 the same due date as the original demand for payment.

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RFQP03151700022 Page 8 of21

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(S) Other documents, exhibits, and attachments.

(9) The specification.

(t) Systemfor Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through [mal payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Of ficer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM in formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform ation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.S,Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

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

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

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

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

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

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the

RFQP03151700022 Page 9 of21

System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

A.l ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (May 2015)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Full Text

52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002)

RFQP03151700022 Page 10 of 21

(1) No payment or other action by the Government under this clause shall-

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause-

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(e) Content of Contractor's requestfor financing payment. The Contractor's request for fmancing payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for fmancing payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made; and

(4) An appropriately itemized and totaled statement of the financing payments requested and such other information as is necessary for computation of the payment, prepared in accordance with the direction of the Contracting Officer.

(f) Limitation onfrequency offinancing payments. Contractor fmancing payments shall be provided no more frequently than monthly.

(g)Datesfor payment. A payment under this clause is a contract fmancing payment and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved payment requests within 30 days of submittal of a prop er request for payment.

(h) Conflict between terms of offeror and clause. In the event of any conflict between the terms proposed by the offeror in response to an invitation to propose fmancing terms (52.232-31) and the terms in this clause, the terms of this clause shall govern.

(End of clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized devi ation is indicated by the addition of (DEVIAnON) after the date of the clause.

(b) The use in this solicitation or contract of any . (48 CFR [insert regulation name]) clause with an author-ized deviation is indicated by the addition of (DEVIAnON) after the name of the regulation.

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Reguired To Implement Statutes or Executive Orders--Commercialltems (June 2 16)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con tract 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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 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 incor-

RFQP03151700022 Page 11 of 21 porated in this contract by reference to implement provisions oflaw 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 (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 (June 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 2015) (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 ofDiv. 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. (Oct 2015) (31 U.S.C. 6101 note).

_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JuI2013) (41 U.S.C. 2313).

_ (10) [Reserved].

_ (11)(i) 52.219-3, Notice ofHUBZone 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) of52.219-4.

_ (13) [Reserved]

_ (14)(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).

_ (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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

_ (ii) Alternate I (Oct 2001) of 52.219-9.

_ (iii) Alternate II (Oct 2001) of52.219-9.

_ (iv) Alternate III (Oct 2015) of 52.219-9.

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

O£t-ZII pUll 'z:t-ZII 'It-ZII '8£1-0Il '£8Z-60I '691-601 'g-60I 'ZO£-80I '98Z-80I '8L-80I 'a-80I 'Z8I-£OI °'l°qlld ';:)lOUroor'osn 61 ';:)lOUS;08£ °:J°son 61 ';:)lOUzt IZ 'os'n 61 ';:)lQU 10££ 'D'S'I) 61 '£81;:)ldtlq:> 'D'S'I] It) (tIOZ AtlW) py opaij, !Ptl1SI--sluaw;:);:)my oparj, a;:)ld--utl:>P;:)wy Ang '£-S;ZZoZS;W(Zt)-

0(£81aldtlq:> 'D'S'I) It) (tIOZ AtlW) sanddns--Ull:>pawy Ang 'I-S;ZZoZS;(117)-

°(171S;£1pua £Zt£1 s"O"a) (S;IOZPO) spnpold romdtno.j ItlUOS1;:)dpa1;:)lS!'Ball-@lyadaJO uoursmbov '91 -£ZZoZS; (!)(6£) -

0(q6S;Z8°:J°son zt) (LOOZ :>;:)0)spnp01d 'BU!UffiSU0:J-A'B1auaU!A:>U;:)PYJaA'B1aua 'S;I-£ZZoZS;(8£)

°tI-£ZzoZS;Jo (tIOZ unj) I altlUlallY (n)-

("swal! JI;:)qs-aql -jjo ;:)lqtll!tlAtlAlltlp1aWUlo:> JO uomsmboa ;:)qloi aJqtl:>nddtlloN) 0«:J)(Z)(!)Z969 °:J°SoIl Zt) 6-£ZZoZS; JO (800Z AtlW) I altlUlallY (n) -

("SW;:)l!jjoqs-oqi-jjo ;:)lqtll!tlAtlAlltlP1;:)WUlO:> JO uomsmboa ;:)qlOl ;:)lqtl:>!IddtlloN) o«!!)(y)(£)(:> )Z969 'osn Zt) (800Z AtlW) sW;:)Hpaltlu'B!S;:)O--Yda 10J lU;:)lU0:JItlpaltlW P;:)l;:)AO:>;:)lIJoa'Btllu;:):>l;:)dJO;:)ltlUf!lSa'6-£ZZoZS; (!)(S;£)-

("£08 I °zz U!poquosard sa stnon Itlp1awwo:> JO S;:)dAl1;:)qlourauoo 10 suron Jpqs-aql-JJo ;:)lqtll!tlAtl AUtlP1;:)WWO:>JO uoptsmbon ;:)qloi ;:)lqtl:>nddtlloN) 0(686z:I °0 °a) o(S;IOZPO) UO!ltl:>!.H1;:)AAl!l!q!'B!la lU;:)WAOldwa'tS;-ZZZoZS;(17£)-

0(a9£1 'oa pua 8L roidaqo 'os'n ZZ) OS;-ZZzoZs;]o (S;IOZ1tlW) I ;:)ltlUl;:)lIY(n)-

0(a9£1 'oapun 8L roidaqo 'osn ZZ) (S;IOZ1tlW) suosraj U! 'Bu!)J:>YJtl1l'BU!ltlqw0:J 'OS;-ZZZoZS;(!)(££) XXX

0(z:IZt 'os'n 8£) (S;IOZPO) SUll1;:)l;:)Auo sllod;:)lIlU;:)WAOldwa 'L£-ZZZoZS; (I £)-

0(£6L °:J°son 6Z) (tIOZ Inf) Sa!l!l!qtlS!O ql!M Sl;:))J10A\.10JAl!unlloddO Itlnba '9£-ZZZoZS; (0£) o(ZIZt °:J°son 8£) (S;IOZPO) SUll1;:)l;:)A10J Al!unlloddO Itlnba 'S;£-ZZZoZS;(6Z)-

0(9tz:I I °ooa) (S;IOZ1dy) Al!unlloddO Itlnba '9z:-ZZZoZS;(8Z) XXX

0(S;I OZ1dy) s;:)!l!l!:>tldP;:)ltl'B;:)l'B;:)SJO uomq!qold 'I Z-ZZZoZS; (a) xxx 0(9z:I£ I "0"3:) (17IOZ Ullf) s;:)!paw;:)}1_pUll s;:)!lpoqlny ql!M UO!ltl1;:)doo:J--10qtl'l Pl!q:J '6 I -ZZZoZS; (9z:) XXX

0«W)L£9 °:J°son s;1) (£IOZ Inf) Ultlm01d gSOA\. ;:)ql1;:)pUn ;:)lq!'Bna SUl;:):>UO:J(gSOA\.) ss;:)U!sng UtlWS P;:)UMO-U;:)W0A\.lOJ ;:)P!SY-l;:)SJO;:):)!lON'0£-6IZoZS; (tZ)-

0«W)L£9 °:J°son s;1) (£IOZ Inf) SUl;:):>UO:J(gSOA\.Oa) ss;:)u!sng UtlWS P;:)UMO-u;:)w0A\.p;:)'BtllUllAPtlS!OAUtl:>!WOuo:>a10J ;:)P!SY-l;:)SJO ;:):>!lON'6Z-6 I zozs; (£Z) -

0«Z)(tl)Z£9 °:J°Son S;1) (£1 OZInf) UO!ltllu;:)S;:)ld;:)l;:)lIUltl1'B01d ss;:)U!sng UtlWS pmMY lsod '8Z-61 zozs; (ZZ) -

0(JLs;9 °:J°son s;1) (I 10Z AON) ;:)P!SY-l;:)Sss;:)U!sng UtlWS P;:)UMO-Ull1;:)l;:)AP;:)lqtlS!O-;:):)!Al;:)SJo;:):>!loN'a-6IZoZS; (IZ)-

0«!)(d)(t)(P)L£9 °:J°son s;1) (6661 Utlf) Ullid 'BU!Ptlll-uo:>qns--s;:)'BtlUltlOP;:)ltlp!nbn '91-6IZoZS; (OZ)-

0«tI)(tl)L£9 °:J°son S;I) (noz AON) 'BU!PtlllUO:>qnSuo SUO!ltll!Uf!'l'tl-6IZoZS; (61)-

ZZOOOL~S~£OdtH~

RFQP03151700022 Page 13 of21

_ (ii) Alternate I (May 2014) of52.225-3.

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

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

_ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19U.S.C. 3301 note).

_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Of fice of Foreign Assets Control of the Department of the Treasury).

_ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JuI2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10U.S.C. 2302 Note).

_ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.c. 5150).

_ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10U.S.C. 2307(f).

_ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10U.S.C. 2307(f).

XXX (50) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (JuI2013) (31 U.S.C. 3332).

_ (51) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Ju12013) (31 U.S.C. 3332).

_ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ (54)(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.0. 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 Con tracts) (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--PriceAdjustment (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 fromApplication 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 2014)(E.0. 13658).

_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

_ (10) 52.237-11, Accepting and Dispensing of$1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1».

RFQP03151700022 Page 14 of 21

(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 fmal 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 re lating to the work terminated shall be made available for 3 years after any resulting fmal 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 fmally 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 oflaw.

(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 indic ated 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) 52.219-8, 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 $700,000 ($1.5 million for construction of any public facility), the subcontractormust include 52.219-8 in lower tier subcontracts that offer subcontracting oppor tunities.

(iii) 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.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JuI2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

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

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

(xi)_(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 and E.O 13627).

(xii) 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).

(xiii) 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).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. o. 12989).

(xv) 52.222-55, MinimumWages Under Executive Order 13658(Dec 2014) (Executive Order 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JuI2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 u.s.c. 1792).Flow down required in

RFQP03151700022 Page 15 of 21 accordance with paragraph (e) of FAR clause 52.226-6.

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

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) 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)

RFQP03151700022 Page 16 of 21

Section4 - List of Attachments

This Section Is Intentionally Left Blank

RFQP03151700022 Page 17 of 21

Section 5 - Solicitation Provisions

Provisions By Full Text

52.204-8 Annual Representations and Certifications (Apr 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].

(2) The small business size standard is [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service con tract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(l) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision ap plies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Man agement (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicita tion. The offeror shall indicate which option applies by checking one of the following boxes:

_ (i) Paragraph (d) applies.

_ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(l) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expec ted to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

RFQP03151700022 Page 18 of21

This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Govern ment.

(x) 52.219-1, Small Business Program Representations (Basic& Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be per formed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the so licitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Con struction Contracts.

(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA designated items.

(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all soli citations.

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran Representation and Certifications. This provision applies to all solicitations.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicita tions for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

_ (i) 52.204-17, Ownership or Control of Offeror.

_ (ii) 52.204-20, Predecessor of Offeror.

RFQP03151700022 Page 19 of21

_ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

_ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.

_ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certific ation.

_ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

_ (vii) 52.227-6, Royalty Information.

_ (A) Basic.

_(B) Alternate 1.

_ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAMwebsite accessed through ht tps://www.acquisition.gov.After reviewing the SAMdatabase information, the offeror verifies by submission of the offer that the rep resentations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provi sion have been entered or updated within the last 12months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identify ing change by clausenumber, title, date].These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.230-7 Proposal Disclosure Cost Accounting Practice Changes (Apr 2005)

The offeror shall check "yes" below if the contract award will result in a required or unilateral change in cost accounting practice, in cluding unilateral changes requested to be desirable changes.

Yes No

If the offeror checked "Yes" above, the offeror shall-

(1) Prepare the price proposal in response to the solicitation using the changed practice for the period of performance for which the practice will be used; and

(2) Submit a description of the changed cost accounting practice to the Contracting Officer and the Cognizant Federal Agency Official as pricing support for the proposal.

(End of provision)

52.204-7 System for Award Management (Jul 2013)

(a)Definitions. As used in this provision--

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"DataUniversal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that

RFQP03151700022 Page 20 of21 may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character…