RFQ_Basic_Training_Kits_-_INL_Mexico_-_SINLEC16Q0047.pdf

U.S Department of State (DOS)

Bureau of International Narcotics and Law Enforcement Affairs (INL)

REQUEST FOR QUOTE – SINLEC16Q0047

INL Mexico

Statement of Work

Kits for Basic Skills Training at State Academies

SECTION 1

GENERAL INFORMATION

The Government intends to award a firm fixed price contract for ALL “Brand Name or Equal” specifications listed under this RFQ.

1.1 INFORMATION TO CONTRACTORS:

Contractors are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when Department of State (DoS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed releasable.

1.2 QUESTIONS CONCERNING THE REQUEST FOR QUOTE:

Offerors are warned against contacting any INL personnel other than the Contracting Officer and Contract Specialist prior to award of the Contract resulting from this RFQ. If such a contact occurs and found to be prejudicial to competing vendors, the vendor making such a contact may be excluded from award consideration. Answers to inquiries/questions, if given, shall be provided in writing to all vendors being solicited.

No information concerning this RFQ shall be provided in response to telephone calls. All such requests must be submitted in writing to the Contract Specialist by email. Written questions relating to this RFQ shall be accepted through 2:00 P.M., EST on 08 APR 2016 Any communications in reference to this RFQ shall cite the reference section title and page number, and directed to the following individual:

Name: Kyle Lee Title: Contracting Specialist E-mail: LeeKE3@state,gov

1.3 NOTICE OF RFQ CLOSING DATE AND TIME:

All offers shall be submitted to the designated Government Representative via e-mail or through Government Point of Entry FBO NLT 12:00 P.M., EST on 15 APR 2016.

Name: Kyle Lee Title: Contracting Specialist E-mail: LeeKE3@state,gov

Name: Yenny Guillory Title: Contracting Officer E-mail: GuilloryYR@state.gov

This includes Microsoft Word, Excel, and PowerPoint (as applicable and appropriate). PDF format shall be used only for scanned documents. The vendor shall submit pictures, datasheets and specifications.

mailto:GuilloryYR@state.gov

The electronic copy, upon file opening and display on the computer monitor, shall appear exactly as the printed hard copy quote submission with the same font size restriction. Contractors should use a Read and Delivered Receipt to ensure timely submission as well as to ensure that the USG received the quote.

1.4 CONTRACTOR RELATIONSHIPS:

The Department of State (DoS) encourages the use of subcontractors. In addition, the Department requires that any potential Organization Conflict of Interest identified in the proposal to ensure proper firewalls established prior to award.

1.5 MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS:

Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals offering alternative solutions. Contractors shall not submit, nor shall the Government accept or evaluate, multiple solutions within one proposal.

1.6 PERIOD OF ACCEPTANCE OF QUOTES:

Contractors shall agree, if the proposal is accepted within ninety (90) calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of proposals, to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified.

1.7 TYPE OF CONTRACT:

This requirement will result in the award of a Firm-Fixed-Price (FFP) Delivery Order for the requirements identified in this RFQ. The FFP price shall include all direct and indirect costs, profit, shipping/delivery charges (if any), and any and all insurances. The price will not be subject to adjustment after award.

1.8 BASIS FOR AWARD:

Award will be made based on the Lowest Priced-Technically Acceptable (LPTA) quote that is responsive to all of the requirements in the Request for Quote (RFQ).

1.9 ACQUISITION METHOD:

The U.S. Government will issue a purchase order under FAR 12/13 Set aside ONLY qualified small business IAW FAR part 19.

1.10 SUPPLIES AND PRICES

The Contractor shall provide to the U.S. Government the new products as described in the specifications for the stated firm fixed price. Further, the Contractor shall properly perform the pre-delivery inspection on the products and deliver them to the location set forth under Place of Delivery, of this contract. The firm fixed price shall include the products pre-delivery inspection, certificates of origin, operator’s manuals, warranty certificates and any other documentation mandated by the Government under NAICS code 453998.

1.11 AWARD TYPE

The Government intends to award a and/or multiple firm-fixed-price Purchase Orders for the requirements identified in this RFQ. The price shall include all direct and indirect costs, overhead, general and administrative expense, profit, shipping/delivery charges, export requirements, insurance, assembly, etc. The price will not be subject to adjustment after award.

SECTION 2

REQUEST FOR QUOTE

2.1 BACKGROUND

The Bureau of International Narcotics and Law Enforcement Affairs (INL) is an instrumental leader in the development of policies and programs to combat international narcotics and crime.

INL programs support two of the Department of States' strategic goals: (1) to reduce the entry of illegal drugs into the United States; and (2) to minimize the impact of international crime on the United States and its citizens. One of the many ways to effectively meet the listed goals is to partner with allied governments both directly and indirectly to promote the modernization of and support the enforcement operations of their foreign criminal justice systems and law enforcement agencies.

This Statement of Work is for the acquisition of equipment under the Merida Initiative Cooperation Agreement. The USG will provide assistance by supporting the development of regional police training academies at state levels. As needed, training will also include the purchase of supplies and equipment.

2.2 SCOPE

The Contractor shall provide all labor, services, tools, materials, equipment, transportation, supervision and all requirements necessary to accomplish the efforts described below for the Government of Mexico (GOM) in this Statement of Work (SOW)

2.3 REQUIREMENTS

One supplier should provide all the components of the kits.

2.3.1 Each kit shall contain the following:

a. Fifty (50) pieces of demonstrator guns glock 17 – Safety orange, the material shall be Polymer and the Dimensions: 10.25 x 6.50 x 3.00 IN and Weight: 1.000 LB

b. Fifty (50) pieces of simulated orange plastic colts AR-15, the weight shall be for

6.00 LB and Polymer Plastic material.

c. Fifty (50) pieces of foam training batons, any color can be accepted.

d. Fifty (50) pieces of training cuffs.

e. One hundred (100) rolls of barrier tapes 1000ft, yellow color and words as

“CAUTION”

f. Two (2) equipment bags for instructor suit to hold the defensive tactic trainer suit, color black, size: 42” x 21” x 17”and material shall be resistant polyamide and polymer

g. Two (2) defensive tactic trainers suits shall accomplish but not limited to the following specifications:

i. Blunt trauma protection, includes one (1) helmet, and one (1) full body coverage components.

ii. The suit shall allow full mobility. Form-fitting design with Velcro strapping to allow for one (1) person to put it on. Head shall be same size than the rest of the gear.

2.3 DELIVERY

Delivery is expected (4) four weeks after notification of award contract to the vendor. In case the selected vendor resides outside of Mexico, the contractor shall provide all the necessary permits for the legal introduction and use of the aforementioned items in Mexico. If an export license is required, delivery shall be 30 days after receipt of export license, and export license application shall be accomplished expeditiously after award.

2.4 DELIVERY INFORMATION

FOB Destination. The Contractor shall consolidate the entire shipment to prevent loss and misdirection. Any lost or damaged items during shipment shall be replaced by the contractor upon notification. When the order is ready for shipment, forward the shipment prepaid directly to:

The entire shipment shall be marked as follows:

Laredo Warehouse 11204 McPherson Road Suite 108 Laredo, TX, 78045 Consignee: INL Section, U.S. Embassy, Mexico City, Mexico

The items being acquired will be donated to the government of the ultimate destination INL- Mexico-to Government of Mexico (GOM) in this Statement. The contractor shall ensure that all items are prepared for safe shipment and include all necessary export approvals, required material data safety sheet, licenses, and paperwork. One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one box/carton/package, or individually attached to the outside of each box/carton/package.

*Effective Aug 17, 2016, the Department's Dispatch Agency Consolidated Receiving Points (CRPs) will no longer be able to accept cargo that has a shipping label on the outside of the package that fails to identify the destination post. Unidentified Supply Shipments will be refused by Dispatch Agency and returned at contractor’s expense.

Include a copy of the packing list with original invoice to the Contracting Officer that will provide advance information for Customs clearance purposes.

*Partial shipments are not allowed.

2.5 DOCUMENTATION

The Contractor shall provide/file all required shipping/export declarations documentation and relevant permits/licenses or any other documentation necessary for the introduction of the goods to Mexico. End user is based in Mexico City, Mexico.

2.6 NOTE ON ALL DELIVERIES

All orders are ultimately intended for an overseas destination. If the shipment will involve wood packaging material, then the packing and palletizing must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: “Guidelines for Regulating Wood Packaging Material in International Trade” (ISPM 15), and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards will be rejected and must be corrected at the contractor’s expense.

2.7 EXPORT LICENSE

The vendor shall comply with Sections 38-40 of the Arms Export Control Act (AECA) (22 U.S.C. 2778-2780) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-

130) as required, for the prosecution of work under this contract at no additional cost to the Government. Failure to be in compliance with AECA and ITAR by date planned for commencement of contract performance as well as during the entire performance of work under this contract may result in contract termination. Any penalties rendered to the vendor, as a direct result of being found in non-compliance with AECA and ITAR, will be the responsibility of the vendor. For additional information on AECA and ITAR, see http://www.pmddtc.state.gov/.

The vendor shall comply with license requirements of the Commerce Control List and any Export Administrative Regulations (EAR) which may apply.

2.8 INSPECTION AND ACCEPTANCE CRITERIA

The shipping and receiving personnel at the each location through to destination will inspect items to verify the correct type of item is received in good working condition. The vendor is required to replace any defective items at no additional cost to the Government.

2.9 CUSTOMS CLEARANCE AND TAX EXEMPTIONS

The U.S. Government will assist the vendor in obtaining customs clearance and tax exemption certificates from the Government of Mexico in accordance with Marking and Submission of Documentation requirements for this contract.

2.10 PRICE

The price shall include all direct and indirect costs, shipping, profit, export requirements, insurance, etc. The price will not be subject to adjustment after award of the contract.

2.11 WARRANTY

The warranty process described in detail shall be included on submitted proposals. To facilitate expeditious return of warranty items and to avoid delays in the warranty process, the offeror must provide within 30 days of notification of a warranty action the required information to facilitate shipping of warranty items to manufacturer. This includes, but is not limited to, information to ensure full compliance with ITAR regulations and no delay in providing the Reference RA# and a shipping address.

2.12 SOLICITATION CONSIDERATIONS

This is a Brand Name or equal procurement. Seller certifies that it is an authorized distributer of the brand name product being sold to the Department of State, and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, the vendor warrants that the products are new, and in their original packaging.

In addition to providing pricing at www.FedBid.com for this solicitation, each Offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation. Submissions can be sent to clientservices@fedbid.com

This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines. Information can be found at www.sam.gov.

All offers must be valid for 30 days from the closing date for this solicitation with no exceptions or qualifications. Products shall consist of new items only; no grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. Components of the requested equipment, to include memory, must be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment. All items must be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel. Sellers must be able to document their ability to provide items through manufacturer approved distribution channels upon request.

The vendor confirms to have sourced all products submitted in this Bid from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements. If software is provided or included, Seller shall, upon request, provide Buyer with a copy of the End User License Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software.

All bid prices must include AIR FREIGHT shipping delivered to Destination OCONUS (Outside Continental U.S.). No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of award.

Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offeror that will supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been? Substantially transformed? In that country into a new and different article of commerce with a name, character, or use distinct from that of the original article(s). Note that any item that is a discreet article as it is sold in commerce, regardless of its ultimate function or use, cannot be considered?

Substantially transformed? Based solely on its integration into IT or other systems

The vendor 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 performance 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 and become the exclusive property of the U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no 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.

SECTION 3

INSTRUCTIONS, EVALUATION FACTORS AND METHODOLOGY

3.1 BASIS FOR AWARD

The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; and to award the contract to the offeror submitting the proposal determined to represent the best value: The LOWEST priced, technically acceptable (LPTA) proposal.

The Government intends to evaluate proposals and award a contract without discussions with offerors. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

The Government considers it to be in its best interest to award to the lowest priced technically acceptable offeror. The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

3.2 ADDITIONAL CONSIDERATIONS

The vendor must be able to demonstrate that it has the necessary resources to provide on-time delivery at a high level of quality. The Government may make one award or multiple awards; whichever is most advantageous to the Government. As such, quotations provided on an “all or none” basis may not be considered for award.

Separate awards will not be made for each system component. As such, multiple awards within each line item will not be considered; all items in a given line item will be awarded to only one vendor.

3.3 TECHNICALLY ACCEPTABLE/UNACCEPTABLE

3.4 QUOTE/PROPOSAL SUBMISSION

Quote submitted in response to this RFQ shall include the following information:

Acceptable

Demonstrates understanding of requirements as outlined in Section Two of the Solicitation; meets or exceed the specifications outlined on this solicitation ; may have strengths; have no significant weaknesses and no deficiencies; and demonstrates good understanding of requirement.

Unacceptable

Demonstrates a lack of understanding of Section Two of the Solicitation;

fails to meet the specifications outlined on this solicitation; has major weakness or deficiencies, which cannot be corrected without major changes to the quote.

3.4.1 – Price: Firm fixed prices for all offered items and services (identify any discounts offered). Include delivery charges, and cost of warranty. Itemize all requirements.

3.4.2 –Description: Description/nomenclature of the item being quoted; product literature may be provided. Quotation must demonstrate compliance with all required features and specifications as outlined in the RFQ (i.e. Section 2). Also include description of warranty terms, special features or value-added items and services, and any non-contract items (i.e. open market items).

3.4.4 – DUNS, CCR & FSS Catalog: Include DUNS number and statement that the vendor is registered in CCR/SAM as appropriate business type under referenced NAICS code. (See section 3.5)

3.4.5 – Certifications: Completed certifications (FAR 52.212-3) or statement that the certifications are included already at the ORCA web site (https://orca.bpn.gov/).

3.4.6 – Past Performance: A list of contracts within the last two (2) years for the provision of comparable requirements to federal or commercial customers. The list shall include contact information (name, organization, email, and phone) and limited to no more than five (5) references.

3.5. ADDITIONAL INFORMATION AND REQUIREMENTS:

In order to receive an award, you must be registered in the Central Contractor Registration database at www.ccr.gov. All responsible vendors that submit quotations pursuant to the requirements outlined in this document shall be considered by the Department.

The Seller confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements.

Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offerors that will supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been, substantially transformed, in that country into a new and different article of commerce with a name, character, or use distinct from that of the original article(s). Note that any item that is a discreet article as it is sold in commerce, regardless of its ultimate function or use, cannot be considered, substantially transformed, and based solely on its integration into IT or other systems

The vendor and its employees shall exercise the utmost discretion concerning 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 performance 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 and become the exclusive property of the U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or termination of this contract. The vendor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

SECTION 4

CLAUSES AND PROVISIONS

4.1 PAYMENT TO VENDOR

Department Of State Invoice Instructions (11/08) Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free number: 866-483-3436, 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 Brad Street Universal Number System (DUNS)

3. Date of Invoice

4. Unique Vendor 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 INFORMATION: 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 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 payments to domestic claims shall be disbursed by electronic funds transfer EFT. Vendors who are registered in the System for Award Management (SAM) should verify and re-confirm their financial information in the database prior to invoicing. Vendors who wish to request a waiver of SAM or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address 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

4.2 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 Phone: 843-202-3881

4.3 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Sub-Contractors, dated July 11, 2012.

• Upon receipt of accelerated payments from the Government, the contactor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

• Include the substance of this clause, including this paragraph (b), in all sub-Agreements with small business concerns.

• The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

mailto:commercialclaims@state.gov mailto:GFS-ChiefVC@state.gov

FAR clauses may be accessed at: http://acquisition.gov/far/index.html

The following FAR provision is included in full text: Additional Government Clauses – Non- Commercial Fixed Priced Orders over Simplified Acquisition Threshold

Additional Clauses – Non‐Commercial Fixed Price Orders

Over Simplified Acquisition Threshold

This document is incorporated in an Order when the dollar value exceeds the Simplified Acquisit ion Threshold of $150,000. The FAR and DFARS clauses cited below are incorporated herein by reference at the effective version found in Buyer’s Prime Contract, or higher tier subcontract under which this Agreement is a subcontract. The listed

FAR and DFARS clauses are incorporated herein as if set forth in full text unless made inapplica ble by its corresponding note, if any. Whenever said clauses include a requirement for the resolut ion of disputes between the parties in accordance with the “Disputes” clause herein, the dispute s hall be disposed of in accordance with the clause entitled “Disputes” in this Agreement.

Where necessary to derive proper meaning in a subcontract situation from these clauses, “Contra ctor” means “Seller,” “Contracting Officer” means “Buyer,” “Contract” means this Agreement a nd “Government” means “Buyer or the Government.” However, the words “Government” and “ Contracting Officer” do not change: (1) when a right, act, authorization or obligation can be gran ted or performed only by the Government or the prime con react.

Contracting Officer or duly authorized representative, (2) when title to property is to be transferr ed directly to the

Contracting Officer or duly authorized representative, (2) when title to property is to be transferr ed directly to the

Government, and (3) in FAR 52.227‐1, 52.227‐2, and DFARS 252.227‐7013 and 252.227‐7014.

FAR Clauses Applicable If This Agreement Exceeds $150,000 (Exceptions as noted).

52.203‐3 Gratuities (Seller violation of this clause is grounds for immediate default)

52.203‐6 Restrictions on Subcontractor Sales to the Government

52.203‐5 Covenant Against Contingent Fees

52.203‐7 Anti- Kickback Procedures (Seller shall immediately notify Buyer of any alleged violations involving any of Buyer’s or Seller’s employees) http://acquisition.gov/far/index.html

52.2038 Cancellation, Rescission and Recovery of Funds for Illegal or Improper Activity52.203‐ 10 Price or Fee Adjustment for Illegal or Improper Activity

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

52.203‐12 Limitation on Payments to Influence Certain Federal Transactions

52.222‐4 Contract Work Hours and Safety Standards Act ‐ ‐ Overtime Compensation, (applicable when the contract may require or involve more than incid ental employment of laborers or mechanics)

52.215‐2 Audit and Records – Negotiation

52.215‐14 Integrity of Unit Prices

52.219‐8 Utilization of Small Business Concerns

52.223‐6 Drug Free Workplace

52.242‐13 Bankruptcy

52.244‐5 Competition in Subcontracting

52.247‐63 Preference for U.S.Flag Air Carriers (applicable to this Agreement and all lower‐tier subcontracts that involve international air transportation)

52.247‐64 Preference for Privately Owned U.S.

Flag Commercial Vessels (if transportation by ocean vessels is anticipated)

Additional Govt Clauses – Non‐Commercial Fixed Price Orders

Over Simplified Acquisition Threshold

DFARS Clauses Applicable If This Agreement Exceeds $100,000.

252.203‐7001 Prohibition on Persons Convicted of Fraud or Other Defense‐Contract‐ Related Felonies

252.225‐7012 Preference for Certain Domestic Commodities

252.225‐7015 Restrictions on Acquisition of Hand or Measuring Tools (only applicable if hand or measuring tools are designated as deliverables under this Agreement)

252.247-7023 Transportation of Supplies by Sea (Applies only where Seller, or its lower‐tier suppliers, will ship supplies by sea. Seller agrees to indemnify and hold the Buyer harmless against any loss, damage or expense suffered by the Buyer as a result of Seller’s failure to comply with the requirements of this clause.)

252.247‐7024 Notification of Transportation of Supplies by Sea

DFARS Clauses Applicable If This Agreement Exceeds $150,000.

252.209‐7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country

252.225‐7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals.

(Applicable for Agreement requiring delivery of components of the following items, if such components contain specialty metal: aircraft, missile or space systems, ships, tank or automotive items, weapon systems, 52.211-6, Brand Name or Equal

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

DOSAR clauses may be accessed at: http://www.statebuy.state.gov/dosar/dosartoc.htm

The following DOSAR clauses and provisions are incorporated by reference.

652.206-70, Competition Advocate / Ombudsman (AUG 1999) (Deviation)

652.229-70, Excise Tax Exemption Statement for Contractors within the United States (JUL 1988)

652.232-70, Payment Schedule and Invoice Submission (Fixed-Price) (AUG 1999)

652.242-72, Shipping Instructions (DEC 1994)