SB1341-14-RP-0024.pdf
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RFP SB1341-14-RP-0024 Soliication Document
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SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED
ORDER UNDER DPAS (15 CFR 7900)
RATING
PAGE OF
PAGES
2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER
SB1341-14-RP-0024 SEALED BID (IFB)
NEGOTIATED (RFP)
NB610030-14-00853
NB610030-14-00853
7. ISSUED BY CODE 000SB 8. ADDRESS OFFER TO (If other than Item 7)
NATIONAL INST OF STDS AND TECHNOLOGY
100 BUREAU DRIVE STOP 1640
BUILDING 301 ROOM B129
GAITHERSBURG MD 20899-1640
NATIONAL INST OF STDS AND TECHNOLOGY
100 BUREAU DRIVE STOP 1640
BUILDING 301 ROOM B129
GAITHERSBURG MD USA
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in email until 03:00
PM ET
local time JUL 16, (Hour) (Date)
CAUTION - LATE Submissions, Modifications, and Withdrawls: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
B. TELEPHONE (NO COLLECT CALLS)10. FOR
INFORMATION CALL
A. NAME
JONI LASTER AREA CODE
NUMBER
975-8397
EXT.
C. E-MAIL ADDRESS
joni.laster@nist.gov
11. TABLE OF CONTENTS
(X) SEC. DESCRIPTION PAGES(S) (X) SEC. DESCRIPTION PAGE(S)
PART 1 - THE SCHEDULE PART II - CONTRACT CLAUSES
X A SOLICITATION/CONTRACT FORM 1 - 1 X I CONTRACT CLAUSES 21 - 27
X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 - 7 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
X C DESCRIPTION/SPECS./WORK STATEMENT 8 - 10 X J LIST OF ATTACHMENTS 28 - 29
X D PACKAGING AND MARKING 11 - 11 PART IV - REPRESENTATIONS AND INSTRUCTIONS
X E INSPECTION AND ACCEPTANCE 12 - 13 X K REPRESENTATIONS, CERTIFICATIONS AND OTHER 30 - 39
X F DELIVERIES OR PERFORMANCE 14 - 14 STATEMENTS OF OFFERORS
X G CONTRACT ADMINISTRATION DATA 15 - 19 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 40 - 50
X H SPECIAL CONTRACT REQUIREMENTS 20 - 20 X M EVALUATION FACTORS FOR AWARD 51 - 53
OFFER
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)
14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE
(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):
CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
15A. NAME AND
ADDRESS OF
OFFEROR
(Type or print)
15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT
AREA CODE NUMBER
EXT. FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C 23004(c) 41 U.S.C 253(c)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified
ITEM
24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE
26. NAME OF CONTRACTING OFFICER(Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
(Signature of Contracting Officer)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice. (Must be fully completed by offeror)
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA - FAR (48 CFR) 53.214(c)
SCHEDULE Continued
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
PAGE 2 OF 53 SB1341-14-RP-0024
BASE PERIOD
0001 Basic Ordering Agreement for Machining of Parts, as specified in Section C Statement of Work/Specifications.
Prices shall be determined with each order.
Period of Performance: 08/15/2014 to 08/14/2015
1.00 YR
OPTION PERIOD I
OPT
0002 Basic Ordering Agreement for Machining of Parts, as specified in Section C Statement of Work/Specifications.
Prices shall be determined with each order.
Period of Performance: 08/15/2015 to 08/14/2016
OPTION PERIOD II
0003 Basic Ordering Agreement for Machining of Parts, as specified in Section C Statement of Work/Specifications.
Prices shall be determined with each order.
Period of Performance: 08/15/2016 to 08/14/2017
OPTION PERIOD III
0004 Basic Ordering Agreement for Machining of Parts, as specified in Section C Statement of Work/Specifications.
Prices shall be determined with each order.
Period of Performance: 08/15/2017 to 08/14/2018
OPTION PERIOD IV
0005 Basic Ordering Agreement for Machining of Parts, as specified in Section C Statement of Work/Specifications.
Prices shall be determined with each order.
Period of Performance: 08/15/2018 to 08/14/2019
Table of Contents
PAGE 3 OF 53 SB1341-14-RP-0024
SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS
B. 1 DESCRIPTION OF REQUIREMENT
SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C. 1 STATEMENT OF WORK
SECTION D PACKAGING AND MARKING
D. 1 NIST LOCAL-39 MARKING/PACKING INSTRUCTIONS
SECTION E INSPECTION AND ACCEPTANCE
E. 1 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)
E. 2 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
E. 3 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)
E. 4 GOVERNMENT INSPECTION OF PARTS
SECTION F DELIVERIES OR PERFORMANCE
F. 1 52.242-15 STOP-WORK ORDER (AUG 1989)
F. 2 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
F. 3 52.247-34 F.O.B. DESTINATION (NOV 1991)
F. 4 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)
SECTION G CONTRACT ADMINISTRATION DATA
G. 1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)
G. 2 1352.201-72 CONTRACTING OFFICER?s REPRESENTATIVE (C0R) (APR 2010)
G. 3 1352.216-76 PLACEMENT OF ORDERS (APR 2010)
G. 4 1352.237-75 KEY PERSONNEL (APR 2010)
G. 5 NIST LOCAL-40 BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS
G. 6 ORDERING PROCEDURES UNDER MULTIPLE AWARD BOA'S
SECTION H SPECIAL CONTRACT REQUIREMENTS
H. 1 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
H. 2 1352.271-83 GOVERNMENT REVIEW, COMMENT, ACCEPTANCE AND APPROVAL (APR 2010)
SECTION I CONTRACT CLAUSES
I. 1 52.202-1 DEFINITIONS (NOV 2013)
I. 2 52.203-3 GRATUITIES (APR 1984)
I. 3 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)
I. 4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
I. 5 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)
I. 6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY
(JAN 1997)
I. 7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
I. 8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)
I. 9 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JULY 2013).. 21
I. 10 52.209-6 PROTECTING THE GOVERNMENT` INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013)
I. 11 52.211-5 MATERIAL REQUIREMENTS (AUG 2000)
I. 12 52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)
I. 13 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
PAGE 4 OF 53 SB1341-14-RP-0024
I. 14 52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)
I. 15 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)
I. 16 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JUL 2013)
I. 17 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)
I. 18 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUL 2013)
I. 19 52.222-3 CONVICT LABOR (JUN 2003)
I. 20 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION (JUL 2005).. 22
I. 21 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2014)
I. 22 52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT (OCT 2010)
I. 23 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
I. 24 52.222-26 EQUAL OPPORTUNITY (MAR 2007)
I. 25 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. [SEP 2010]
I. 26 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010
I. 27 52.222-37 EMPLOYMENT REPORTS VETERANS (SEP 2010)
I. 28 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC
2010)
I. 29 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)
I. 30 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2012)
I. 31 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
I. 32 52.225-1 BUY AMERICAN ACT--SUPPLIES (FEB 2009)
I. 33 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
I. 34 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
I. 35 52.232-1 PAYMENTS (APR 1984)
I. 36 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
I. 37 52.232-11 EXTRAS (APR 1984)
I. 38 52.232-17 INTEREST (OCT 2010)
I. 39 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)
I. 40 52.232-25 PROMPT PAYMENT (JUL 2013)
I. 41 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (JUL 2013)... 23
I. 42 52.233-1 DISPUTES (JUL 2002)
I. 43 52.233-3 PROTEST AFTER AWARD (AUG 1996)
I. 44 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
I. 45 52.242-13 BANKRUPTCY (JUL 1995)
I. 46 52.243-1 CHANGES--FIXED-PRICE (AUG 1987)
I. 47 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2013)
I. 48 52.246-23 LIMITATION OF LIABILITY (FEB 1997)
I. 49 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)
I. 50 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)
I. 51 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)
I. 52 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
I. 53 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
I. 54 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)
I. 55 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
I. 56 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
SECTION J LIST OF ATTACHMENTS
J. 1 LIST OF ATTACHMENTS
SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
K. 1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
PAGE 5 OF 53 SB1341-14-RP-0024
K. 2 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (SEP 2007)
K. 3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2014)
K. 4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)
K. 5 52.215-6 PLACE OF PERFORMANCE (OCT 1997)
K. 6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012)
K. 7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
K. 8 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
K. 9 52.222-38 COMPLIANCE WITH VETERANs` EMPLOYMENT REPORTING REQUIREMENTS (SEP 2010)
K. 10 52.225-18 PLACE OF MANUFACTURE (SEP 2006)
K. 11 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OERATIONS IN SUDAN--CERTIFICATION
(AUG 2009)
K. 12 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR
TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (DEC 2012)
K. 13 REPRESENTATION BY CORPORATION
SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L. 1 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)
L. 2 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST
OR PRICING DATA (OCT 2010)
L. 3 52.216-1 TYPE OF CONTRACT (APR 1984)
L. 4 52.233-2 SERVICE OF PROTEST (SEP 2006)
L. 5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
L. 6 1352.215-72 INQUIRIES (APR 2010)
L. 7 1352.233-70 AGENCY PROTESTS (APR 2010)
L. 8 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)
L. 9 NIST LOCAL-43 HAND DELIVERY OF QUOTES OR PROPOSALS
L. 10 ADDENDUM TO 52.215-1
SECTION M EVALUATION FACTORS FOR AWARD
M. 1 52.217-5 EVALUATION OF OPTIONS (JUL 1990)
M. 2 1352.215-74 BEST VALUE EVALUATION (APR 2010)
M. 3 EVALUATION CRITERIA
PAGE 6 OF 53 SB1341-14-RP-0024
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
B. 1 DESCRIPTION OF REQUIREMENT
PAGE 7 OF 53 SB1341-14-RP-0024
This is a Basic Ordering Agreement (BOA) for the machining of parts.
The period of performance is one year from the date of award with four (4) one-year option period.
The Governments maximum authority for all orders issued under this BOA shall not exceed $4,000,000.00.
It is anticipated that firm fixed-price orders will be placed under this BOA.
A Basic Ordering Agreement is not a contract. It is a written instrument of understanding which contains (1) Terms and clauses apply to orders; (2) A general statement of work. Specific requirements will be set forth in orders, if placed; and (3) Methods for pricing, issuing, and delivering orders under the BOA.
A Basic Ordering Agreement does not obligate the Government to place orders with the Contractor, however, an order is binding when issued by the Government.
PAGE 8 OF 53 SB1341-14-RP-0024
SECTION C
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C. 1 STATEMENT OF WORK
PAGE 9 OF 53 SB1341-14-RP-0024
C.1 STATEMENT OF WORK/SPECIFICATIONS (OCTOBER 2013)
The Contractor shall furnish the necessary personnel, material, equipment, services and facilities required to machine parts in accordance with NIST provided drawings and design specifications, on an as-needed basis, as specified herein.
C.1.1 BACKGROUND
The National Institute of Standards & Technology (NIST), Center for Neutron Research (NCNR), in pursuing its mission to be a world leading Facility for neutron scattering research, services a large and diverse group of outside users. To that end, it seeks to equip its laboratories with state-of-the-art parts that interface with the equipment and machines that are used to perform this research.
The NCNR designs, builds, operates and maintains a suite of cold and thermal neutron scattering instrumentation used in the conduct of material structure research. Recently the NCNR underwent a new expansion directive that included the construction of a new Guide Hall. This Guide Hall will increase the number of guides and the number of instruments on them.
The NCNR anticipates the need of machined parts and assemblies in quantities that would exceed our on-site manufacturing capacity.
C.1.2 PURPOSE
The Contractor shall provide machining of parts, in accordance with drawings and design specifications that will be provided by NIST.
C.1.3 TASKS
The Contractor shall manufacture parts using a variety of machining techniques. Applicable techniques include (but are not limited to) turning (Lathe, Conventional and CNC); threading (Lathe, Bore, Tap); milling (Conventional and CNC); Electric Discharge Machining (EDM) (Wire and Ram);
broaching; welding; coating (paint, anodization, powder coating); and leak testing.
Specifications for the machining work will be provided by NIST with each delivery order and will consist mainly of PDF drawings which may or may not contain more specific work instructions. CAD STEP files may be provided or requested but are only provided as a tool or guideline to assist in understanding of the governing drawing. Specifications may include material certifications, leak rate certifications, boiler plate codes, paint specifications, etc.
The Contractor shall have quality control procedures, personnel, and equipment (Coordinate Measurement Machine or similarly functional equipment) in place so that inspection and verification can be performed at the Contractor’s premises.
The NCNR specifications shall govern the manufacturing and inspection shall be done in accordance with the Contractor’s established Quality Control Plan.
Parts shall be packaged and shipped following best trade practices, unless indicated otherwise in the specifications. On some occasions, the Contractor may be required to manufacture shipping crates for parts manufactured. This requirement shall be stated in the request for quotation and resulting delivery order.
PAGE 10 OF 53 SB1341-14-RP-0024
Applicability of specifications and standards Drafting Standard ANSI 14.5-M-1982 Inspection Requirements QS 9000 or equivalent.
C.1.4 WARRANTY
The Government will make every effort to complete inspection not later than 30-60 days after receipt of parts. To complete the inspection means that parts are installed into the equipment and have been measured completely to confirm that the parts conform to the specifications required by the NIST provided drawings.
However, in many cases, inspection cannot be completed within this timeline due to unforeseen circumstances. In these cases, the Government will perform a visual inspection, perform some measurements, and otherwise take all steps necessary to accept the parts and authorize payment within 30 days after receipt of parts.
The Contractor must agree to a warranty period of six (6) months from the date of acceptance. The warranty period shall commence upon final acceptance. Parts shall be warranted to meet all design specifications as stated in the NIST provided drawings.
The Government understands that the Contractor does NOT warrant the part for the purpose intended by the Government, however, does warrant the part shall meet all specifications required by the NIST provided drawings.
IN THE EVENT PARTS ARE FOUND TO BE NON-COMPLIANT WITH SPECIFICATIONS, PARTS
MUST BE REWORKED OR REMADE, AS APPLICABLE, AT THE CONTRACTOR’S EXPENSE. The Contractor shall be responsible for all shipping charges, and shipping liability, resulting from the rework or remake of the parts.
PAGE 11 OF 53 SB1341-14-RP-0024
SECTION D
PACKAGING AND MARKING
D. 1 NIST LOCAL-39 MARKING/PACKING INSTRUCTIONS
(1)If the total contract/order includes multiple quantities of the same or like item(s), segregated as separate CLIN/Item numbers, deliverables shall be packed accordingly. Each individual package/container in the shipment shall include deliverables on a per-CLIN or Item basis.
(2)For each shipment made under this contract/order, the Contractor shall furnish itemized packing list(s), enumerating the specific contents of each shipping container and what specific individual components constitute a full and complete "unit" for each bid item. The packing list shall include the brief description of each item found in the Schedule. If more than one container is required for each unit, each container should be marked accordingly, e.g., "Box 1 of 2," "Box 2 of 2," and the boxes, where feasible, should be taped or shrink-wrapped together as an issuable unit.
(3)The contract number AND CONTRACT LINE ITEM NUMBER (CLIN) OR
ORDER ITEM NUMBER shall be placed on the exterior of all containers.
(End of Clause)
PAGE 12 OF 53 SB1341-14-RP-0024
SECTION E
INSPECTION AND ACCEPTANCE
E. 1 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)
(Reference 52.246-2)
E. 2 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
(Reference 52.246-16)
E. 3 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)
(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be:
NIST/NCNR - BLDG 235
100 BUREAU DRIVE
GAITHERSBURG, MD. 20899
(End of clause)
E. 4 GOVERNMENT INSPECTION OF PARTS
PAGE 13 OF 53 SB1341-14-RP-0024
The Contracting Officer’s Representative (COR) will receive and inspect all parts defined in the various delivery orders and verify compliance with the specifications. In this process, the COR reserves the right to review the Contractor’s inspection documentation. If there are issues with regard to compliance, the Contractor will be advised of such issues and allowed the opportunity to rework the part at their expense so that it will comply.
The Contractor shall agree to keep his inspection documentation on file for at least twelve (12) months after acceptance of the final product.
PAGE 14 OF 53 SB1341-14-RP-0024
SECTION F
DELIVERIES OR PERFORMANCE
F. 1 52.242-15 STOP-WORK ORDER (AUG 1989)
(Reference 52.242-15)
F. 2 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
(Reference 52.242-17)
F. 3 52.247-34 F.O.B. DESTINATION (NOV 1991)
(Reference 52.247-34)
F. 4 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)
(a) The base period of performance of this contract is from 08/15/2014 through 08/14/2015 . If an option is exercised, the period of performance shall be extended through the end of that option period.
(b) The option periods that may be exercised are as follows:
Period Start Date End Date Option I 08/15/2015 08/14/2016 Option II 08/15/2016 08/14/2017 Option III 08/15/2017 08/14/2018 Option IV 08/15/2018 08/14/2019
(c)The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.
PAGE 15 OF 53 SB1341-14-RP-0024
SECTION G
CONTRACT ADMINISTRATION DATA
G. 1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)
The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.
G. 2 1352.201-72 CONTRACTING OFFICER?s REPRESENTATIVE (C0R) (APR 2010)
(a) (TO BE IDENTIFIED AT TIME OF AWARD) is hereby designated as the Contracting Officer?s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:
NIST/CENTER FOR NEUTRON RESEARCH
100 BUREAU DRIVE
GAITHERSBURG, MD. 20899
Phone Number: (TO BE DETERMINED AT TIME OF AWARD) Email: (TO BE DETERMINED AT TIME OF AWARD)
(b) The responsibilities and limitations of the COR are as follows:
(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.
(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer.
The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.
G. 3 1352.216-76 PLACEMENT OF ORDERS (APR 2010)
(a) The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:
(1) Date of order;
(2) Contract number and order number;
(3) Item number and description, quantity, and unit price or estimated cost or fee;
(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) Method of payment and payment office, if not specified in the contract;
(9) Any other pertinent information.
(b) In accordance with FAR 52.216-18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:
Basic Ordering Agreement all warranted Contracting Officer's in the Acquisition Managment Division
(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is Jo-Lynn Davis, 301-975-6337, jo-lynn.davis@nist.gov
PAGE 16 OF 53 SB1341-14-RP-0024
G. 4 1352.237-75 KEY PERSONNEL (APR 2010)
(a) The contractor shall assign to this contract the following key personnel:
(TO BE IDENTIFIED AT TIME OF AWARD) PROJECT DIRECTOR
(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.
(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.
G. 5 NIST LOCAL-40 BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS
(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV.
(b) Each Delivery/Task Order Invoice or Voucher submitted shall include the following: (1) Contract Number; identified in Block 2 of the OF347. (2) Delivery/Task Order number identified in Block 3 of the OF347. (3) Contractor Name and Address. (4) Date of Invoice. (5) Invoice Number. (6) Amount of Invoice and Cumulative Amount Invoiced to-date. (7) Contract Line Item Number (CLIN). (8) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (9) Prompt Payment Discount Terms, if Offered. (10) Any other information or documentation required by the contract.
(c) In the event electronic submissions are not used, the Contractor shall submit an original invoice or voucher in accordance with paragraph (b) above to the address identified in Block 21 of the OF347.
(END OF CLAUSE)
G. 6 ORDERING PROCEDURES UNDER MULTIPLE AWARD BOA'S
PAGE 17 OF 53 SB1341-14-RP-0024
The Contracting Officer will issue written orders prior to the Contractor’s commencement of any work. This clause establishes procedures and criteria that will be used to provide multiple awardees a fair opportunity to be considered for each order issued under the Basic Ordering Agreements.
(a) Except as provided for in paragraph (b) of this clause, for orders issued under multiple award BOAs, each awardee will be provided a fair opportunity to be considered for each order in excess of $3,000.00.
Individual orders will be procured through competition among BOA awardees.
The Government intends to limit competition to BOA awardees only.
Awardees are not obligated to submit quotes for all Requests for Quotation (RFQs), nor is the Government obligated to award an order, of any amount, to any BOA awardee. Failure to submit a quote for one order and/or late submission of a quote in response to a request for quotation, will not preclude an awardee from being considered for future orders.
(b) Awardees need not be given an opportunity to be considered for each order in excess of $3,000.00 under multiple award BOAs if the Government determines that:
(1) The agency's need for supplies is of an urgency that providing such opportunity would result in unacceptable delays;
(2) Only one Contractor is capable of providing the supplies required at the level of quality required because the supplies ordered are unique or highly specialized;
(3) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the agreement, provided that all awardees were given a fair opportunity to be considered on the original award.
(4) Past performance information from previous orders may be used as a screen in selecting participants for solicitation of quotations for any given order.
This determination shall be documented in the delivery order file.
(c) Ordering shall take place through a competitive process. A Request for Quotation package shall be forwarded to all awardees via e-mail or fax to the attention of each awardee's Project Director. RFQs shall identify a due date & time for quotes.
The following documents shall be included in the request for quotation package:
1. A listing of the required parts, drawing numbers, the quantities, and any special instructions or notes that apply;
2. The due date for quotations;
3. The due date for delivery, after receipt of delivery order;
4. Drawings that clearly define all parameters for each line item or element. Drawings shall be provided in .pdf format.
PAGE 18 OF 53 SB1341-14-RP-0024
When the quantity of drawings dictates, the drawings shall be placed into a .zip file for ease of email attachment.
When applicable, additional requirements shall be defined in the NOTES section of the drawings;
5. If award will be based on technical evaluation factors in addition to price, those factors shall be stated.
(d) Upon receipt of the Request for Quotation Package, Contractors shall prepare a firm fixed-price quotation and submit that quotation to the Contract Specialist on or before the date and time specified in the RFQ. Fax and e-mail submissions shall be acceptable.
All submissions must be received on or before the due date and time specified in the RFQ. Quotations and/or supporting documentation received after the due date and time shall be considered late and will not be considered for award.
(e) The firm fixed-price quotation shall include all costs associated with design, fabrication, labeling, inspection, testing, reporting, packaging, and must include FOB Destination delivery terms for the parts specified in the
RFQ.
(f) When submitting a facsimile or e-mail response, the Contractor agrees to be bound by the facsimile authorized signature or the originator of the e-mail the same as if submitted under an original signature.
(g) All timely quotations shall be reviewed by the Contract Specialist, and if necessary, other authorized NIST Technical Personnel. The Contracting Officer reserves the right to enter into discussion with quoters as appropriate.
(h) Quoters must submit their best quotation in responding to individual Requests for Quotation.
The Government intends to evaluate quotations and award an order without discussions. Therefore, the awardees’ initial quotation should contain the offeror's best terms from a price standpoint and technical standpoint, when applicable.
If discussions are conducted, the Contracting Officer will provide a common cut-off date for revised quotations to be submitted. Revised quotations shall be re-evaluated by the Contracting Officer and the COTR as appropriate.
(i) Award shall be made to the Contractor submitting the lowest price quotation unless other evaluation factors are identified in the Request for Quotation.
(j) In the absence of adequate price competition, the price quoted shall be evaluated for reasonableness by the Contracting Officer with technical input from the COTR if necessary.
(k) Upon completion of evaluation, the Contracting Officer will issue a firm fixed-price order to the successful quoter.
PAGE 19 OF 53 SB1341-14-RP-0024
(l) Upon receipt of an executed order, the Contractor shall commence work.
PAGE 20 OF 53 SB1341-14-RP-0024
SECTION H
SPECIAL CONTRACT REQUIREMENTS
H. 1 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.
H. 2 1352.271-83 GOVERNMENT REVIEW, COMMENT, ACCEPTANCE AND APPROVAL (APR 2010)
(a) Documentation, including drawings and other engineering products and reports, required by the contract to be submitted for review, comment, acceptance or approval will be acted upon by the Government within 30 calendar days after receipt by the Government, unless another period of time is specified.
(b) The Government shall respond to Condition Reports, as defined in the Specifications, within five
(5) working days, unless the Government notifies the contractor that a longer period of time will be required. If the contractor requests a response in less than five (5) working days, the Government will attempt to accommodate the request, but does not guarantee a response in less than the time limits stated above.
(c) Review, comment, acceptance or approval by the Government as required under this contract and applicable specifications shall not relieve the contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such review, comment and acceptance or approval.
PAGE 21 OF 53 SB1341-14-RP-0024
SECTION I
CONTRACT CLAUSES
I. 1 52.202-1 DEFINITIONS (NOV 2013)
(Reference 52.202-1)
I. 2 52.203-3 GRATUITIES (APR 1984)
(Reference 52.203-3)
I. 3 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)
(Reference 52.203-5)
I. 4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
(Reference 52.203-6)
I. 5 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)
(Reference 52.203-7)
I. 6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
(Reference 52.203-8)
I. 7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
(Reference 52.203-10)
I. 8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)
(Reference 52.203-12)
I. 9 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JULY 2013)
(Reference 52.204-10)
I. 10 52.209-6 PROTECTING THE GOVERNMENT` INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013)
(Reference 52.209-6)
I. 11 52.211-5 MATERIAL REQUIREMENTS (AUG 2000)
(Reference 52.211-5)
I. 12 52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)
(Reference 52.215-2)
I. 13 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
(Reference 52.215-8)
PAGE 22 OF 53 SB1341-14-RP-0024
I. 14 52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)
(Reference 52.215-14)
I. 15 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)
(Reference 52.219-6)
I. 16 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JUL 2013)
(Reference 52.219-8)
I. 17 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)
(Reference 52.219-14)
I. 18 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUL 2013)
(Reference 52.219-28)
I. 19 52.222-3 CONVICT LABOR (JUN 2003)
(Reference 52.222-3)
I. 20 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION (JUL 2005)
(Reference 52.222-4)
I. 21 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2014)
(Reference 52.222-19)
I. 22 52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT (OCT 2010)
(Reference 52.222-20)
I. 23 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
(Reference 52.222-21)
I. 24 52.222-26 EQUAL OPPORTUNITY (MAR 2007)
(Reference 52.222-26)
I. 25 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. [SEP 2010]
(Reference 52.222-35)
I. 26 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010
(Reference 52.222-36)
I. 27 52.222-37 EMPLOYMENT REPORTS VETERANS (SEP 2010)
(Reference 52.222-37)
PAGE 23 OF 53 SB1341-14-RP-0024
I. 28 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)
(Reference 52.222-40)
I. 29 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)
(Reference 52.222-50)
I. 30 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2012)
(Reference 52.222-54)
I. 31 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
(Reference 52.223-6)
I. 32 52.225-1 BUY AMERICAN ACT--SUPPLIES (FEB 2009)
(Reference 52.225-1)
I. 33 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
(Reference 52.225-13)
I. 34 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
(Reference 52.229-3)
I. 35 52.232-1 PAYMENTS (APR 1984)
(Reference 52.232-1)
I. 36 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
(Reference 52.232-8)
I. 37 52.232-11 EXTRAS (APR 1984)
(Reference 52.232-11)
I. 38 52.232-17 INTEREST (OCT 2010)
(Reference 52.232-17)
I. 39 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)
(Reference 52.232-23)
I. 40 52.232-25 PROMPT PAYMENT (JUL 2013)
(Reference 52.232-25)
I. 41 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
(Reference 52.232-33)
PAGE 24 OF 53 SB1341-14-RP-0024
I. 42 52.233-1 DISPUTES (JUL 2002)
(Reference 52.233-1)
I. 43 52.233-3 PROTEST AFTER AWARD (AUG 1996)
(Reference 52.233-3)
I. 44 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
(Reference 52.233-4)
I. 45 52.242-13 BANKRUPTCY (JUL 1995)
(Reference 52.242-13)
I. 46 52.243-1 CHANGES--FIXED-PRICE (AUG 1987)
(Reference 52.243-1)
I. 47 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2013)
(Reference 52.244-6)
I. 48 52.246-23 LIMITATION OF LIABILITY (FEB 1997)
(Reference 52.246-23)
I. 49 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)
(Reference 52.249-2)
I. 50 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)
(Reference 52.249-8)
I. 51 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 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 Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern. Registered in the System for Award Management (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 Transparency Act of 2006 (see subpart 4.14), into the SAM database;
(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration 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''''.
PAGE 25 OF 53 SB1341-14-RP-0024
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 4.12; 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` reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(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 minimum of one business day` 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 agreement, 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` SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'''' paragraph of the EFT clause of this contract.
(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 appropriate 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
(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.
I. 52 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 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 determination 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 includes 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
PAGE 26 OF 53 SB1341-14-RP-0024
(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 following 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 proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database at https://www.acquisition.gov (see 52.204-7).
(End of provision)
I. 53 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 fifteen (15) provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years
I. 54 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)
(a) "Definition." "Ozone-depleting substance," as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR part 82, Subpart E, as follows:
Warning
PAGE 27 OF 53 SB1341-14-RP-0024
Contains (or manufactured with, if applicable) +_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
+ The Contractor shall insert the name of the substance(s).
I. 55 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
I. 56 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
PAGE 28 OF 53 SB1341-14-RP-0024
SECTION J
LIST OF ATTACHMENTS
J. 1 LIST OF ATTACHMENTS
PAGE 29 OF 53 SB1341-14-RP-0024
LIST OF ATTACHMENTS:
ATTACHMENT I
MOCK DELIVERY ORDER – Request for Quotation (RFQ) for Mock Delivery Order
ATTACHMENT II – Drawings Associated with RFQ Line Items 0001-0005 (zip file Line Items 0001-0005)
ATTACHMENT III – Drawings Associated with RFQ Line Item 0006 (zip file Line Item 0006)
ATTACHMENT IV – Drawings Associated with RFQ Line Item 0007 (zip file Line Item 0007)
ATTACHMENT V – Drawings Associated with RFQ Line Item 0008 (zip file Line Item 0008)
ATTACHMENT VI – Drawings Associated with RFQ Line Item 0009 (zip file Line Item 0009)
ATTACHMENT VII – Drawings Associated with RFQ Line Item 0010 (zip file Line Item 0010)
ATTACHMENT VIII – Drawings Associated with RFQ Line Item 0011 (zip file Line Item 0011)
PAGE 30 OF 53 SB1341-14-RP-0024
SECTION K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
K. 1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that--
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or…
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