SAQMMA15R0183.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SAQMMA15R0183

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/20/2015

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Annie L. Harlow

b. TELEPHONE NUMBER (No collect calls) 703-875-6059

c. EMAIL harlowal@state.gov

8. OFFER DUE DATE / LOCAL

TIME

06/12/2015 17:00:00

CODE LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

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

X 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: 441310

SIZE STANDARD: 500 Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

LMAQMCODE15. DELIVER TO

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR CODE18a. PAYMENT WILL BE MADE BY

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

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

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

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

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X 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)

Michael S. Dickson 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SAQMMA15R0183

001 SEE ATTACHMENT A -- KEY PRODUCTS AND

ESTIMATED QUANTITIES TABLE

0.00 YR

Attachment A -- Key Products and Estimated Quantities Table identifies the required "core" product categories, contract line items and not-to-exceed unit pricing for each item. The contractor shall maintain availability of automotive parts for all product categories and core contract line items at all times under this contract.

The contractor shall not propose a price higher than the contract price shown in Attachment A -- Key Products and Estimated Quantities Table for any core contract line item in response to any task order request under this contract.

Attachment A -- Key Products and Estimated Quantities Table is not exhaustive of all items that may be delivered under this contract. All items that may properly support program objectives defined in Section B.3. are within scope of this contract. The contractor may propose items not listed in Attachment A -- Key Products and Estimated Quantities Table in response to task order requests, with the following limitations --

(a) All items proposed in response to shall conform to the technical requirements and objectives of this contract;

(b) The DOS will evaluate the technical merit of solutions proposed in response to each delivery order request, to determine how well they conform to the contract requirements and how well they meet the delivery order-specific requirements resulting in a best value task order award determination;

(c) The DOS will perform a price analysis at the order level for each delivery order request. The price analysis will verify that proposed prices for non-core contract line items to determine whether they are fair and reasonable;

(d) All non-core contract line items proposed at the delivery order level shall include the manufacturer's brand name, manufacturer's part number, and a complete technical description of the item proposed.

Doc Ref No:

Delivery Date FOB:

B-001 Background

The Bureau of Administration (A) of the U.S Department of State (DOS) is implementing this effort under its Strategic Sourcing Initiative to provide automotive parts, accessories, and automotive-related supplies of the highest quality or grade for the maintenance and repair of Government-owned and leased vehicles located at over 280 U.S. Diplomatic Missions worldwide and Domestic Field Office and Annexes. The Bureau, in con-junction with overseas missions, is involved in the continuing effort to maintain and repair the vehicles support-ing these locations. The vehicle fleet consists of a vast array of vehicles that includes light, medium and heavy duty vehicles, trucks and SUVs.

SAQMMA15R0183

Line Item Summary

Solicitation Number:

SAQMMA15R0183

Contract Number: Title: Auto Parts IDIQ Date of Solicitation:

05/20/2015

Line Item No. Description Quantity Unit Unit Price Total Cost

B-002 Scope

The Department of State is seeking a consolidated approach to provide repair, replacement and service parts and related items to support the global mission of the DOS. The US Department of State requires highest quality or grade parts for a broad variety of vehicles and equipment including automobiles, light and medium duty trucks and SUVs. Attachment A – Key Products and Estimated Quantities Table identifies the fifteen “core” product categories, required contract line items and not-to-exceed unit pricing for each contract line item. The contractor shall maintain availability of automotive parts, accessories and automotive-related supplies for light, medium, heavy-duty vehicles (e.g., automobiles, light and medium duty trucks, sport utility vehicles (SUVs), fire appar-atuses, buses, and construction equipment) for all product categories identified in Attachment A – Key Products and Estimated Quantities Table. Attachment A is not an exhaustive list of all items that may be delivered under this contract. All items that may properly support program objectives defined in Section B-003. are within scope of this contract.

B-003 Objectives

Objective 1: The DOS intends to establish multiple IDIQ contracts on an open market basis under which pur-chases can be made of automotive parts, accessories, and automotive related supplies in a streamlined, pre-negotiated manner to facilitate the missions of the Department.

Objective 2: Provide automotive parts, accessories, and automotive-related supplies for Government-owned and leased vehicles located at U.S. diplomatic missions worldwide and domestic field offices and annexes. Ensure efficient and effective ordering procedures are in place among the Department of State’s Office of Acquisition Management, overseas missions/domestic field offices/annexes, and the contractor. Ensure timely and damage-free delivery of automotive parts, accessories, and automotive-related supplies to the destination identified in the individual orders.

Objective 3: Ensure timely and effective communication between the contractor and the DOS ordering activit-ies.

B-004 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (Indefinite Quantity Contract)

Per FAR 52.216-22 "INDEFINITE QUANTITY," the minimum for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to the amount(s) set forth below.

$1.00

The maximum for this indefinite quantity contract (including options) shall be any quantity or combination of supplies and services equal to $25,000,000.00.

(end of clause)

B-005 Award Method

Award Type:

This IDIQ shall establish a limited supply schedule and terms for subsequent DOS issuance of commercial item supply orders based on the terms and conditions of this IDIQ. The DOS may award IDIQ orders, as required, on a firm-fixed price basis.

Extent of Obligation:

The Government is obligated only to the extent of authorized purchases actually made under this IDIQ.

Contract Vehicle:

This acquisition is a 100% set aside for small business concerns.

(end of clause)

B-010 TYPE OF CONTRACT

This is a Firm Fixed Price type contract.

(end of clause)

C-001 Supply Requirements

The contractor shall furnish the following supplies in accordance with this contract if and when requested by the Contracting Officer (or the authorized representative of the Contracting Officer).

In accordance with FAR 52.211-6, CLINS 0001A through 0015B are Brand Name or Equal items. Brand Name and Required Salient Characteristics for each line item are listed in Attachment A - Key Products and Estimated Quantities Table.

(end of clause)

D-001 DATA PACKAGING REQUIREMENTS

(a) All unclassified data shall be prepared for shipment in accordance with best commercial practices.

(b) Classified reports, data, and documentation shall be prepared for shipment in accordance with the National Industrial Security Program Operating Manual (DOD 5220.22-M).

(end of clause)

D-003 PACKING OF SUPPLIES FOR DOMESTIC SHIPMENT

Supplies shall be packed for shipment in a manner that will ensure acceptance by common carriers and safe de-livery at destination.

(end of clause)

D-004 PACKING LIST(S)

A packing list or other suitable shipping document shall accompany each shipment and shall include the follow-ing information:

(a) Name and address of consignor;

(b) Name and address of consignee;

(c) Government contract number (and delivery order number, if used);

(d) Government bill of lading number covering the shipment, if any; and

(e) Description of the items shipped, including item number, quantity, number of containers, and package num-ber, if any.

(end of clause)

D-007 PACKAGING AND PALLETIZING

VENDOR NOTE: The packing and palletizing - if palletizing is required for this order - must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: "Guidelines for Regu-lating Wood Packaging Material in International Trade" (ISPM 15) and have the appropriate markings indicat-ing that the materials meet this standard. Any deliveries arriving at our indicated delivery address that do not meet these standards will be rejected at the vendor's expense. For any additional information concerning these requirements, please refer to the following www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm OR www.aphis.usda.gov/ppq/wpm/import.html.

(end of clause)

D-009 PACKAGE MARKING

Each and every box or package containing materials shipped pursuant hereto, shall be marked with the follow-ing: the consignee address as shown in Block 6, the name and address of the contractor in Block 7, the order number in Block 3, and the requisition/reference number in Block 4. Packing lists will be attached to the out-side of the box. Palletized stacked material will not exceed the height of 52 inches. Vendor will not ship par-tials without the proper approval of the consignee. Vendor will supply a copy of the purchase order with the packing list.

(end of clause)

E-002 INSPECTION AND ACCEPTANCE (F.O.B. Destination)

Inspection and acceptance shall be made at destination by an authorized representative of the Government.

(end of clause)

F-001 Delivery Requirements

Delivery time After Receipt of Order (ARO) shall not exceed 30 calendar days. Multiple "drop shipments" with varying places and times of origin, resulting in multiple deliveries, no matter how allegedly well-coordinated or synchronized, are not acceptable. The Contractor shall take all necessary steps and assume all necessary costs to ensure that one single shipment is made for each order. The Contractor shall deliver all supplies on each order as one single shipment per order.

Additional delivery requirements may be included/identified at the delivery order level.

Should the ordering activity request shipment directly to Post, the contractor shall add the charges to the quote.

Any additional charge for shipping shall be included as a separate line item when the quote is submitted.

(end of clause)

F-006 PERIOD OF PERFORMANCE

This contract shall be effective on the date of the Contracting Officer's signature, and shall remain in effect for a period not to exceed five (5) years.

(end of clause)

F-007 PLACE OF PERFORMANCE

The principal place of performance for this contract shall be: Contractor's Facility (end of clause)

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name and posi-tion title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR is [TBD] .

(End of clause)

01INV DEPARTMENT OF STATE INVOICE INSTRUCTIONS

Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free number: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately.

To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

(1) Name and Address of the Contractor

(2) Dun and Bradstreet Universal Number System (DUNS)

(3) Date of invoice

(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

(5) Remittance Contact Information

(6) Shipping Terms, Ship to Address

(7) Payment Terms

(8) Total Quantity of Items

(9) Total Invoice Amount

(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.

(11) Order line item number and information (see below instructions)

The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.

IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must contain the following information:

(1) Description of the services rendered for each line item

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA)

Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Contract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.

All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are registered in the Central Contractor Registration (CCR) should verify and re-confirm their financial information in the database prior to invoicing.

Vendors who wish to request a waiver of CCR or payment by check must submit their justification to their assigned contract-ing officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment ad-dress on the invoice must match the remittance address in the vendor record cited in the award.

Additional correspondence should be addressed to:

Name:

U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center

Mailing Address:

Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers:

Director’s Secretary Voice 843-202-3761 Fax 843-746-0749 Official Office Hours: 8:00 am – 5:00 pm

To request Payment Status on a Past Due Invoice contact:

Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free

Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov (End of clause)

01INV-A Additional Invoice Instructions

Additional invoicing instructions may be provided at the delivery order level.

(End of clause)

G-001 ORDERING PROCEDURES

(a) In accordance with FAR 52.216-18 "ORDERING," the following individuals and activities are authorized to issue delivery orders or task orders hereunder:

Department of State Contracting Officer

(b) Orders placed under this contract shall contain the following information:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Security clearance level(s), applicable to the order, if any; and

(9) Any other pertinent information.

(c) Issuance of orders by facsimile is authorized in accordance with FAR 52.216-18 "ORDERING."

(d) If the Government awards multiple IDIQ Contracts, then prior to placing any order in excess of the micro purchase threshold, the Government shall forward the requirement as an order quote request to all awardees to allow each awardee a fair opportunity to respond with a quote. The Government reserves the right to issue a quote order request through the Reverse Auction at http://www.fedbid.com/. The Government shall then place the order with the Contractor that presents the best value to the Government for that particular requirement, as stated in the order quote request. All orders placed hereunder shall be subject to the terms and conditions of this Contract.

(end of clause)

G-002 CONTRACT ADMINISTRATION DATA

Contracting Officer: Michael S. Dickson Contract Administrator: Annie L. Harlow Telephone Number: 703-875-6059 Facsimile Number: 703-516-1520 First Class Mailing:

U.S. Department of State Office of Acquisition Management P.O. Box 9115, Rosslyn Station Arlington, Virginia 22219

Courier or Hand Delivery: U.S. Department of State Office of Acquisition Management 4th Floor 1735 N. Lynn Street Arlington, Virginia 22209

Contracting Officer's Representative (COR): [TBD] Telephone Number: [TBD] Facsimile Number: [TBD] U.S. Department of State: [TBD] (end of clause)

G-003 Price Tables and Discount Schedule

Core Items: The contractor shall use Attachment A to establish unit prices for each contract line item for the core items.

Non-Core Items: The contractor shall submit a comprehensive catalog of automotive parts, accessories and re-lated supplies as part of their technical proposal, which shall be incorporated as an Attachment at the IDIQ level. The comprehensive catalog shall include manufacturer name, manufacturer part number, product descrip-tion, salient specifications and unit prices. The Contractor shall calculate a global discount percentage for all auto parts currently available against the comprehensive catalog of automotive parts for the five year period of performance. The table below contains the contractor’s global discount that will be applied against each non-core item. The Contractor shall identify commercial catalog price, global discount percentage and unit price at the delivery order level for all items not identified in Attachment A -- Key Product and Estimated Quantities Table.

Contract Period Applicable Discount Base Period Option Period One Option Period Two Option Period Three Option Period Four (end of clause)

G-004 Data Deliverables

Data Deliverables:

The contractor shall accomplish the data deliverable milestones shown in the table below. In addition to these mandatory milestones, the contractor shall provide regular data deliverables, as specified in its technical ap-proach, as required to meet the requirements throughout this contract. Additional data deliverables may be re-quired at the task order level.

Deliverable Due Date Update Frequency Contract/Order Status Report As applicable. As requested by the DOS.

Product Recall Notification Within 30 days of manufacturer noti-fication to contractor As needed

Delivery Order Status Within 48 hours after request As requested Invoice In accordance with applicable clauses In accordance with applicable clauses

Others As Requested As applicable. As requested by the DOS

(end of clause)

G-005 Purchase Card Information

(a) Definitions. "Purchase Card," as used in this clause, means the Government-wide commercial credit card currently identified as the SmartPay Purchase Card. This is the only credit card authorized to be used for the placement and payment of oral delivery orders under this contract. "Purchase Card Order," as used in this clause, means an oral delivery order placed under this contract using a Purchase Card. "Cardholder," as used in this clause, means a Federal employee to whom a Purchase Card has been issued.

(b) Purchase Card Orders, in an amount not to exceed the purchase card holder’s written delegated authority per order, may be placed by Department of State cardholders for the supplies stated in Attachments A or addi-tional items identifed at the delivery order level. Purchase Card Orders may comprise multiple items; however, the total amount of each Purchase Card Order under this contract shall not exceed the purchase card holder’s au-thorized dollar limit. Prior to placing Purchase Card Orders, purchase card holders must have a sufficient single purchase limit in the amount of the items being purchased. Requirements may not be split in order to remain under the established authorization limitation of the Purchase Card holder per order.

(c) Notwithstanding FAR 52.216-19 "ORDER LIMITATIONS," the contractor shall honor Purchase Card Or-ders if the aggregate amount of the transaction is within the delegated authority of the purchase card holder and the supplies or services requested have been approved in writing by the ordering activity.

(d) Payments for Purchase Card Orders will be processed by:

Citibank Government Card Services P.O. Box 6575 The Lakes, NV 88901-6575

(e) The contractor shall not process a transaction for payment until the purchased supplies have been shipped or services performed. Unless the Cardholder requests correction or replacement of a defective or faulty item in accordance with other contract requirements, the contractor shall immediately credit a Cardholder's account for items returned as defective or faulty.

(f) In addition to the packing and marking requirements stated in Sections D-001 through D-009 of this con-tract, the contractor shall provide the following on the packing list or shipping document:

(1) The Cardholder's name, office symbol, and telephone number; and

(2) The term "Purchase Card Order" (DO NOT WRITE the Purchase Card ACCOUNT

NUMBER).

(end of clause)

H-001 No Substitutions

The contractor may not substitute supplies listed on this contract without prior written approval by the Contract-ing Officer. No other individual is authorized to change part numbers, manufacturers, quantities, delivery dates or other requirements of this contract either verbally or in writing.

(end of clause)

H-002 Quality Assurance

The Government may conduct random quality assurance upon supply delivery to ensure conformance and com-pliance with this section.

In the event of a product recall (or product service bulletin, etc.), the contractor shall notify the contracting of-ficer of the recall and provide a list of the affected ordering activities (for the orders placed with the contractor) by name and order number.

(end of clause)

H-003 Remedies

Delivered supplies, including configuration components and arrangement, that do not conform to the descrip-tions and part numbers on the order will be rejected at the time of delivery at contractor's risk and expense.

Supplies not in compliance will be returned to the contractor at no additional cost to the DOS and comments will be recorded in the contractor's past performance record.

(end of clause)

H-004 Third Party Components

Third party component substitutions are not allowed in product configurations quoted under a brand name. All supplies, including configuration components and arrangement, shall conform to the description(s), manufac-turer(s) and part number(s) on the contract.

(end of clause)

H-019 REPLACEMENT PARTS AVAILABILITY

The Contractor guarantees that replacement parts for equipment in this contract will be available for the system life of the equipment. The Contractor shall notify the Government 180 days before the end of the system's life as to the continuing availability of parts subsequent to this period. If parts will not be available from the Con-tractor, then the Government may require the Contractor to furnish any available data to assist the Government to obtain such parts from another source.

(end of clause)

H-020 SAFEGUARDING INFORMATION

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary per-formance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, record-ing, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed un-der this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

(end of clause)

H-024 NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the re-quest of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Of-ficer is authorized to change the specifications, terms, and/or conditions of this contract.

(end of clause)

H-025 New or Remanufactured Standards

The contractor shall not impose a restocking fee on the ordering activity for the following:

• Item(s) returned that were damaged upon receipt

• Incorrect items shipped

• Items that are returned within 30 calendar days of delivery at the final destination

• Items that are returned, but exchanged for other items.

Restocking fees will depend on whether the product was shipped from the contractor’s stock or ordered from the manufacturer or other source. If the product was shipped from the contractor’s stock, the restocking charge shall be no greater than five percent (5%) of the value of the items needing restocking. If the product was shipped from the manufacturer or other source, the contractor shall be reimbursed the fee charged to it by the manufacturer or other source and no additional charges shall be added to that restocking fee.

(end of clause)

Clause Title

52.212-4 Contract Terms and Conditions--Commercial Items (Dec 2014)

652.216-70 ORDERING INDEFINITE-DELIVERY CONTRACTS (APR 2004)

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999)

652.243-70 NOTICES (AUG 1999)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Dec 2014)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

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

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

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has in-dicated 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.]

X (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).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspen-ded, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

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

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

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

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

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business 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.

X (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 2014) (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 (Oct 2014) of 52.219-9.

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

X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

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

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 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)).

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

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

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

X (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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

13496).

X (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

X (34)(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 com-mercially available off-the-shelf items.)

__ (35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O. 13423 and 13514).

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

__ (36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

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

__ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O. 13423 and 13514).

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

X (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

X (40) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

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

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

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

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

__ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (43) 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).

__ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

__ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X (49) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (50) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

X (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (53)(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 pro-visions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

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

chapter 67).

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

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

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

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

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

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this para-graph (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 transac-tions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the dis-putes 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 Con-tractor 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) (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 subcon-tracts 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 in-clude 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

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

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

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

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

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

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(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)

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 [TBD] through [TBD].

(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 $1.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $25,000,000.00;

(2) Any order for a combination of items in excess of $25,000,000.00; or

(3) A series of orders from the same ordering office within ___________ 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 ___________ 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.

(end of clause)

52.216-22 Indefinite Quantity (Oct 1995)

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

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

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

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

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(end of clause)

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 giv-en 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):

(End of clause)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

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

(End of clause)

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

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

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a de-termination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This in-cludes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror __ has __ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the follow-ing information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative…