RFQP04031400001.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

5. SOLICITATION NUMBER

RFQP04031400001

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

01/06/2014

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Teresa Cooper

b. TELEPHONE NUMBER (No collect calls)

972-352-4535

8. OFFER DUE DATE / LOCAL

TIME

02/06/2014 12:00:00

CODE BFAO

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 424430

SIZE STANDARD: E02

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

BENGCODE15. DELIVER TO

Federal Bureau of Prisons FCI Englewood

9595 W. QUINCY AVE.

LITTLETON, CO 80123

CODE BENG16. ADMINISTERED BY

Federal Bureau of Prisons FCI Englewood

9595 W. QUINCY AVE.

LITTLETON, CO 80123

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BENGCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Englewood

9595 W. QUINCY AVE.

LITTLETON, CO 80123

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

OFFER

SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provide Diary Products for FCI Englewood and FCC Florence

The sizse standard E02 = 500 employees

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. __________ OFFER DATED __________.

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Teresa Cooper

31c. DATE SIGNED

11/06/2013

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP04031400001 Page 1 of 45

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R 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. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

RFQP04031400001 Page 2 of 45

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

1.0 Statement of Work

1.1 Contracting Officer's Representative

52.211-16 Variation In Quantity (Apr 1984) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) 52.212--5 Contract Terms and Conditions Required to Implement Statues or Executive Orders--Commercial Items (Sep 2013) 52.204--13 System for Award Management Maintenance (JUL 2013) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217--6 Option for Increased Quantity (Mar 1989) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS(DEVIATION) (AUG 2012)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) 52.252-6 Authorized Deviations in Clauses (Apr 1984)

4 List of Attachments

4.1 Special Contract Conditions

5.1 Addendum to FAR 52.212-1, Instructions to Offers - Commercial Item

5 Solicitation Provisions 52.209-7 Information Regarding Responsibility Matters (Feb 2012) 52.212--3 Offer Representations and Certifications - Commerical Items (12.301)(b)(2)(Aug 2013)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

5.2 Subcontracting Certification

5.3 Business Management Questionnaire

RFQP04031400001 Page 3 of 45

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base year: February 6, 2014 through September 30, 2014 from Effective Date of Award

0.000000 EA $____________ $___________________

0001A Base year: February 6, 2014 through September 30, 2014 from Effective Date of Award

Milk Reduced Fat (2%), Bulk 5 gallon bladders, CID A-A 20338, Group 1, Type B

200.000000 EA $____________ $___________________

0001B Base year: February 6, 2014 through September 30, 2014 from Effective Date of Award

Milk Skim(non-fat), Bulk 5 gallon bladders, CID A-A 20338, Group 1, Type O

266.000000 EA $____________ $___________________

0001C Base year: February 6, 2014 through September 30, 2014 from Effective Date of Award

Milk, Reduce Fat (2%) Pints, CID A-A 20338, Group 1, Type B

826,666.000000 EA $____________ $___________________

0001D Base year: February 6, 2014 through September 30, 2014 from Effective Date of Award

Milk, Skim (non-fat) half-pints (1/2), CID A-A 20338, Group 1, Type D

666,666.000000 EA $____________ $___________________

0001E Base year: February 6, 2014 through September 30, 2014 from Effective Date of Award

Milk, Chocolate, half-pints (1/2); CID A-A 20338, Group 1, Type B, Flavor B

13,200.000000 EA $____________ $___________________

0001F Base year: February 6, 2014 through September 30, 2014 from Effective Date of Award Cheese, Cottage, Type III, Sub 1 or 2, Class 1 (unflavored) Style A or B (small or large curd) 5lb containers; CID A-A 20154A, Group A, Sub 2, Type II Class 1 Style A

3,800.000000 EA $____________ $___________________

0001G Base year: February 6, 2014 through September 30, 2014 from Effective Date of Award

Sour Cream, Cultured or Acidified, 5 lb. containers; CID A-A 200251, Group II, Sub 2, Type F

1,533.000000 EA $____________ $___________________

0001H Base year: February 6, 2014 through September 30, 2014 from Effective Date of Award

Cream Cheese, Cultured , 3 lb. containers; CID A-A 200253, Type 1, Class A

100,000.000000 EA $____________ $___________________

0001I Base year: February 6, 2014 through September , 30, 2014 from Effected Date of Award

Sherbert, 3 oz per container, 24 containers per case; CID A-A 20342, Type IX, Packaging 4, Flavor E, CN labeling (b)

2,000.000000 EA $____________ $___________________

0001J Base year: February 6, 2014 of Award through September 30, 2014 from Effective Date of Award

Vanilla Ice Cream Cups, 3 oz per container, 24 containers per case;; CID A-A 2342, Type I, Style A, Packaging 4, Flavor A CN Labeling (b)

6,400.000000 EA $____________ $___________________

0001K Base year: February 6, 2014 through September 30, 2014 from Effective Date of Award

Chocolate Ice Cream Cups, 3oz per container, 24 containers, CID A-A 20342, Type 1, Style A, Packaging 4, Flavor B

3,600.000000 EA $____________ $___________________

0001L Base year: February 6, 2013 through September 30, 2014 from Effective Date of Award

1,333.000000 EA $____________ $___________________

RFQP04031400001 Page 4 of 45

Strawberry Ice Cream Cups, 3oz per container, 24 containers, CID A-A 20342, Type 1, Style A, Packaging 4, Flavor F

0002 Option Year 1: October 1, 2014 through September 30, 2015 from Effective Date of Award

0.000000 EA $____________ $___________________

0002A Option Year 1: October 1, 2014 through September 30, 2015 from Effective Date of Award

Milk, Reduced Fat (2%), Bulk 5 gallon bladders, CID A-A 20338, Group 1, Type B

300.000000 EA $____________ $___________________

0002B Option Year 1: October 1, 2014 through October 30, 2015 from Effective Date of Award

Milk, Skim (non-fat), Bulk 5 gallon bladders, CID A-A 20338, Group 1, Type O

400.000000 EA $____________ $___________________

0002C Option Year 1: October 1, 2014 through September 30, 2015 from Effective Date of Award

Milk, Reduce Fat(2%) Pints, CID A-A 20338, Group 1, Type B

1,240,000.000000 EA $____________ $___________________

0002D Option Year 1: October 1, 2014 through September 30, 2015 from Effective Date of Award

Milk, Skim (non-fat), half-pints (1/2), CID A-A 20338, Group 1, Type D

1,000,000.000000 EA $____________ $___________________

0002E Option Year 1: October 1, 2014 through September 30, 2015 from Effective Date of Award

Milk, Chocolate, half-pints (1/2), CID A-A 20338, Group 1, Type B, Flavor B

19,800.000000 EA $____________ $___________________

0002F Option Year 1: October 1, 2014 through September 30, 2015 from Effective Date of Award Cheese, Cottage, Type III, Sub 1 or 2, class 1 (unflavored) Style A or B (small or large curd) 5lb. Containers,CID A-A 20154A, Group A, Sub 2,Type II, Class 1 Style A

5,700.000000 EA $____________ $___________________

0002G Option Year 1: October 1, 2014 through September30, 2015 from Effective Date of Award Sour Cream, Cultured or Acidified, 5 lb. containers; CID A-A 20251, Group II, Type F

2,300.000000 EA $____________ $___________________

0002H Option Year 1: October 1, 2014 through September 30, 2015 from Effective Date of Award Cream Cheese, Cultured, 3 lb Containers; CID A-A 20253, Type 1, Class A

150,000.000000 EA $____________ $___________________

0002I Option Year 1: October 1, 2014 through September 30, 2015 from Effective Date of Award Sherbet, 3 oz per container, 24 containers per case; CID A-A 20342, Type IX, Packaging 4, Flavor E, CN Labeling (b)

3,000.000000 EA $____________ $___________________

0002J Option Year 1: October 1, 2014 through September 30, 2015 months from Effective Date of Award Vanilla Ice Cream Cups, 3 oz per container, 24 containers per case; CID A-A 20342, Type I, Style A, Packaging 4, Flavor A

9,600.000000 EA $____________ $___________________

0002K Option Year 1: October 1, 2014 through September 30, 2015 from Effective Date of Award Chocolate Ice Cream Cups, 3 oz per container, 24 containers per case; CID A-A 20342, Type I, Style A, Packaging 4, Flavor B

5,400.000000 EA $____________ $___________________

0002L Option Year 1: October 1, 2014 through September 30, 2015 from Effective Date of Award Strawberry Ice Cream Cups, 3 oz per container, 24 containers per case; CID A-A 20342, Type I, Style A, Packaging 4, Flavor F

2,000.000000 EA $____________ $___________________

0003 Option Year 2: October 1, 2015 through September 30, 2016 from Effective Date of Award

0.000000 EA $____________ $___________________

0003A Option Year 2: October 1,2015 through September 30, 2016 from Effective Date of Award

Milk, Reduced Fat (2%), Bulk 5 gallon bladders, CID A-A 20338, Group I, Type B

300.000000 EA $____________ $___________________

RFQP04031400001 Page 5 of 45

0003B Option Year 2: October 1, 2015 through September 30, 2016 from Effective Date of Award

Milk, Skim (non-Fat), Bulk 5 gallon bladders, CID A-A 20338, Group I, Type O

400.000000 EA $____________ $___________________

0003C Option Year 2: October 1, 2015 through September 30, 2016 from Effective Date of Award

Milk, Reduce Fat (2%) Pints, CID A-A 20338, Group I, Type B

1,240,000.000000 EA $____________ $___________________

0003D Option Year 2: October 1, 2015 through September 30, 2016 from Effective Date of Award

Milk, Skim (non-fat), half-pints (1/2), CID A-A 20338, Group I, Type D

1,000,000.000000 EA $____________ $___________________

0003E Option Year 2: October 1, 2015 through September 30, 2016 from Effective Date of Award

Milk, Chocolate, half-pints (1/2), CID A-A 20338, Group I, Type B, Flavor B

19,800.000000 EA $____________ $___________________

0003F Option Year 2: October 1, 2015 through September 30, 2016 from Effective Date of Award Cheese, Cottage, Type III, Sub 1 or 2 (unflavored) Style A or B (small or large curd) 5 lb. containers; CID A-A 20154A, Group A, Sub 2, Type II, Class 1, Style A

5,700.000000 EA $____________ $___________________

0003G Option Year 2: October 1, 2015 through September 30, 2016 months from Effective Date of Award

Sour Cream, Cultured or Acidified, 5 lb. containers; CID A-A 20251, Group II Type F

2,300.000000 EA $____________ $___________________

0003H Option Year 2: October 1, 2015 through September 30, 2016 from Effective Date of Award

Cream Cheese, Cultured, 3 lb. containers; CID A-A 20253, Type 1, Class A

150,000.000000 EA $____________ $___________________

0003I Option Year 2: October 1, 2015 through September 30, 2016 from Effective Date of Award

Sherbet, 3oz per container, 24 containers per case; CID A-A 20342, Type IX Packaging 4, Flavor E, Cn Labeling (b)

3,000.000000 EA $____________ $___________________

0003J Option Year 2: October 1, 2015 through September 30, 2016 from Effective Date of Award

Vanilla Ice Cream, 3oz per container, 24 containers per case; CID A-A 20342, Type I, Style A Packaging 4, Flavor A

9,600.000000 EA $____________ $___________________

0003K Option Year 2: October 1, 2015 through September 30, 2016 from Effective Date of Award

Chocolate Ice Cream, 3oz per container, 24 containers per case;

CID A-A 20342, Type I, Style A Packaging 4, Flavor B

5,400.000000 EA $____________ $___________________

0003L Option Year 2: October 1, 2015 through September 30, 2016 from Effective Date of Award

Strawberry Ice Cream, 3oz per container, 24 containers per case;

CID A-A 20342, Type I, Style A Packaging 4, Flavor F

2,000.000000 EA $____________ $___________________

RFQP04031400001 Page 6 of 45

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Feb 2012)

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 Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far

Clause Title

52.252-2 Clauses Incorporated by Reference (Feb 1998)

52.242-13 Bankruptcy (July 1995)

52.232-18 Availability Of Funds (Apr 1984)

52.212-4 Contract Terms and Conditions--Commercial Items (Feb 2012)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

Clauses by Full Text

1.0 Statement of Work

Statement of Work/Specifications

A.1.1 Introduction

The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas, intends to award a contract for dairy products for the Federal Correctional Complex (FCC) located in Florence and Federal Correctional Institution (FCI) located in Englewood, Colorado.

Place of Performance

All Supplies Shall Be Delivered to:

RFQP04031400001 Page 7 of 45

Federal Correctional Complex

Attn: Food Service Warehouse

5880 State Highway 67 South

Florence, Colorado 81226

Federal Correctional Institution

Attn: Food Service Warehouse

9595 W. Quincy Avenue

Littleton, Colorado 80123

Delivery Order Information

FCC Florence and FCI Englewood shall place one order each week for delivery the following Tuesday Between 6:30 AM and 8:30 AM, with the exception of Federal holidays. Alternate arrangements for deliveries which fall on Federal holidays (Tuesday’s) will be as mutually agreed upon by both parties.

Invoices

All invoices shall be mailed to the following address:

FCC Florence

Attn: Accounts Payable

P.O. Box 7500

Florence, CO 81226-7500

FCI Englewood

Attn: Accounts Payable

9595 W. Quincy Avenue

Littleton, Colorado 80123

Contract Pricing

Products are required to be provided in accordance with specifications set forth in this solicitation.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. Quotes shall be evaluated for award based solely upon price. Pursuant to FAR 17.203(d), bidders may vary unit prices for option periods. Faith based and Community-Based Or-ganizations have the right to submit quotes equally with other organizations for contracts for which they are eligible. Any resulting contract shall be an indefinite delivery/requirements type contract. As such quantities listed are estimates only and are not a represent-ation to a bidder or contract or that the estimated quantities will be required or ordered, or that conditions affecting the requirements will be stable or normal.

Type of Containers

Please list the type of container each item will be contained in.

Milk, Reduced Fat (2%), Bulk 5 Gallon Bladders, CID A-A 20338, Group I, Type B

Milk, Skim(non-fat), Bulk 5 Gallon Bladders, CID A-A 20338, Group I, Type O

RFQP04031400001 Page 8 of 45

Milk; Reduce Fat (2%) Pints; CID A-A 20338, Group I, Type B

Milk, Skim (non-fat), half-pints(1/2); CID A-A 20338, Group I, Type D

Milk, Chocolate, half-pints (1/2); CID A-A 20338, Group I, Type B, Flavor B

Cheese, Cottage, Type III, Subgroup 1 or 2, class 1 (unflavored) Style A or B (small or Large Curd) 5 lb. Containers; CID A-A 20154A, Group A, Subgroup 2, Type II, Class 1, Style A

Sour Cream, Cultured or Acidified, 5 lb. containers; CID A-A 20251, Group II, Type F

Cream Cheese, Cultured, 3 LB Containers; CID A-A 20253, Type I, Class A

Sherbet, 3oz per container, 24 containers per case; CID A-A 20342, Type IX, Packaging 4, Flavor E, CN Labeling (b)

Vanilla Ice Cream Cups, 3oz per container, 24 containers per case; CID A-A

20342, Type I, Style A, Packaging 4, Flavor A

Chocolate Ice Cream Cups, 3oz per container, 24 containers per case; CID A-A

20342, Type I, Style A, Packaging 4, Flavor B

Strawberry Ice Cream Cups, 3oz per container, 24 containers per case; CID A- A

20342, Type I, Style A, Packaging 4, Flavor F

1.1 Contracting Officer's Representative

Contracting Officer's Representative will remain applicable to the solicitation; however an individual COR will not be assigned but will be appointed at a later date.

52.211-16 Variation In Quantity (Apr 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by con-ditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

10 Percent increase

10 Percent decrease

This increase or decrease shall apply to Delivery Order.*

(End of clause)

RFQP04031400001 Page 9 of 45

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as--

(1) The total contract quantity;

(2) Item 1 only;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or

(5) The total quantity of each item without regard to destination.

(End of clause)

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con-tractor employee whose background investigation (BI) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No.

1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic-ture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/ risk level.

A badge may be issued following approval of the above waiver requirements.If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Invest-igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short- Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver re-quirements for short-term contractors are:

a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required;5 and d.

Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensur-ate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of is-suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For ex-

RFQP04031400001 Page 10 of 45 ample, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac-cess.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract-or, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga-tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

[End of Clause]

52.212--5 Contract Terms and Conditions Required to Implement Statues or Executive Orders--Commercial Items (Sep 2013)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Sep 2013)

(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) 52.222-50, 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)).

(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) (Pub. L. 108-77, 108-78).

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

[Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (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.)

XX (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) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (JUL 2010) (Pub. L. 111-5).

XX (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

RFQP04031400001 Page 11 of 45

Debarment. (JUL 2013) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L.

112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole- Source Award (NOV 2011) (15 U.S.C. 657a).

_X_ (10) 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).

__ (11) [Reserved]

__ (12)(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).

__ (13)(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.

XX (14) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)).

_X_ (15)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C. 637(d)(4)).

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

__ (iii) Alternate II (OCT 2001) of 52.219-9.

__ (iv) Alternate III (JUL 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C.

2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (JUNE 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (JUL 2013) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran- Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

XX (23) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).

__ (25) 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)).

XX (26) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

XX (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126).

XX (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

XX (29) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

XX (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010)(38 U.S.C. 4212).

XX (31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

XX (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212)

XX (33) 52.222-40, Notification of Employee Rights Under the National labor Relations Act (DEC2010)(E.O. 13496)

X__ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (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.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (36) 52.223-15, Energy Efficiency in Energy- Consuming Products (DEC 2007) (42 U.S.C. 8259b).

RFQP04031400001 Page 12 of 45

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O.

13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

XX (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

_X_ (39) 52.225-1, Buy American Act—Supplies (FEB 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43).

__ (ii) Alternate I (MAR 2012) of 52.225-3.

__ (iii) Alternate II (MAR 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 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.

__ (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. 255(f), 10 U.S.C. 2307(f)).

__ (47) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (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 (JUL 2013) (31 U.S.C. 3332).

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

__ (52)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (NOV 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services— Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247).

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

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, RFQP04031400001 Page 13 of 45 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 re-lating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (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 oppor-tunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (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 (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

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

(End of Clause)

52.204--13 System for Award Management Maintenance (JUL 2013)

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

(a) Definitions. As used in this clause—

“Data Universal Numbering System (DUNS) number”means the 9-digit number assigned by Dun and Bradstreet

Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4- character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Elec-tronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern. “Registered in the System for Award Man-agement (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transpar-ency Act of 2006 (see Subpart 4.14), into the SAM database;

RFQP04031400001 Page 14 of 45

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the regis-tration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”. “System for Award Management (SAM)” means the primary

Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance- related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR

Subpart 4.14; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible 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 in-formation in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) (1) (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 subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minim-um 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 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The

Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of name agree-ment, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) 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 FAR subpart 32.8, Assignment of

Claims). Assignees shall be separately registered in the SAM. 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 informa-tion within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an ap-propriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished.

Dun & Bradstreet may be contacted (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

RFQP04031400001 Page 15 of 45

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https:// www.acquisition.gov.

(End of clause)

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 first day of the effective performance period through the last day of the effective performance period.

(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 may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

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 one each, 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--

(1) Any order for a single item in excess of the estimated quantities identified in the Schedule of Items within the current performance period;

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Items within the current performance period; or

(3) A series of orders from the same ordering office within 30 days days that together call for quantities exceeding the limitation in paragraph (b)(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 Regula-tion (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 limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within five 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.

RFQP04031400001 Page 16 of 45

(End of clause)

52.216-21 Requirements (Oct 1995)

(a) 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 orders issued in accordance with the Ordering clause.