RFQ SOL-OAA-11-000107.pdf
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- Water Containers Federal contract opportunity
- Solicitation number
- SOL-OAA-11-000107
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RFQ Statement of Work
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| SOL-OAA-11-000107 - Amendment II.pdf | ||
| SOL-OAA-11-000107 - Amendment I.pdf |
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Text version
Issuing Date: August 17, 2011
Closing Date: September 6, 2011
Closing Time: 5:00 P.M., Eastern Standard Time
TO: Prospective Offeror
SUBJECT: Request for Quotation No. SOL-OAA-11-000107
72,000 each 2.6 gallons/10 liters capacity water containers
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, in conjunction with FAR 13, as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;
quotations are being requested and a written solicitation will not be issued.
This is a procurement of 72,000 each 2.6 gallon capacity water containers for the United States
Agency for International Development (―USAID‖). USAID intends to award a firm fixed-price purchase order for the Office for Disaster Assistance (―OFDA‖) in the Bureau for Democracy, Conflict and Humanitarian Assistance (―DCHA‖).
This solicitation is being issued as a small business set-aside. The North American Industry
Classification System (―NAICS‖) code for this acquisition is 326160 Plastic Bottle Manufacturing.
The small business size standard is 500 employees.
Offerors must be registered in the Central Contractor Registration (―CCR‖) database before an award can be made to them (www.ccr.gov).
Offerors must present their representations and certifications, upon request, through the Online
Representation and Certifications Application (―ORCA‖) (http://orca.bpn.gov). The selected
Offeror must submit a completed copy of FAR 52.212-3, ―Offeror Representations and
Certifications—Commercial Items.‖
Authorized Geographic Code: The Authorized Geographic Code for this procurement is 000—
United States of America.
Source Selection
Award will be made to the Offeror submitting the lowest evaluated price that meets or exceeds the technical acceptability standards.
Technical acceptability may be evaluated by how well the proposed products meet the minimum required technical specifications set forth in this RFQ.
Instructions to Offerors
Offerors are advised that FAR 52.212-1, ―Instructions to Offerors—Commercial Items,‖ and FAR
52.212-4, ―Contract Terms and Conditions—Commercial Items,‖ apply to this acquisition.
Submitted Quotations Must Include the Following
1. A completed and signed Standard Form 1449. The Standard Form 1449 is enclosed as an attachment.
2. A statement regarding your organization’s ability to satisfy the terms and conditions of the RFQ.
3. Information that demonstrates how the proposed product(s) meet or exceed the minimum specifications set forth in this RFQ (e.g., brochures, product literature, technical features, and warranty provisions). The quote must specifically address whether the proposed products meet the material specifications of the items.
4. A completed and signed copy of the provision provided in FAR 52.212-3, ―Offeror
Representations and Certifications—Commercial Items.‖
In order to expedite this request, please provide your quotation and additional documentation for the attached Request for Quotation (―RFQ‖) and submit them by e-mail to smcelrath@usaid.gov at your earliest convenience, but not later than 5 P.M. Eastern Standard Time, September 6, 2011.
Quotations must reference RFQ No. SOL-OAA-11-000107. Quotations must remain valid for a minimum of 60 days.
Issuance of this solicitation does not constitute an award commitment on the part of USAID, nor does it commit USAID to pay for costs incurred in the preparation and submission of a proposal.
If you have any questions, please send them via e-mail to Renee Reed at rreed@usaid.gov.
Questions must be submitted no later than 2P.M. Eastern Standard Time on August 29, 2011.
Sincerely, /s/
Renee Reed
Contracting Specialist
USAID Office of Acquisition & Assistance
M/OAA/DCHA/OFDA
SA-44 Rm
Federal Center Plaza
301 C Street, SW
Washington, D.C. 20024
Attachments: Statement of Work
USAID/OFDA
OAA STATEMENT OF WORK
Procurement of 72,000 Water Containers
1.0 - Introduction:
Ongoing humanitarian support requirements around the world require the procurement of
Water Containers for staging in global warehouses.
2.0 – Background:
The United States’ emergency response to current deteriorating humanitarian conditions due to natural disasters and complex emergencies around the world require
USAID/Democracy Conflict and Humanitarian Assistance/Office of Foreign Disaster
Assistance (USAID/DCHA/OFDAA) to immediately purchase commodities to increase warehouse inventory to levels to both support ongoing responses and field operations and provide lifesaving timely responses to unpredictable future disasters. The capacity of the
United States’ Government (USG) to quickly respond to international emergencies is dependent on having access to the requested commodities in a timely manner. To accomplish this, USAID/ OFDA maintains stockpiles of commonly requested materials.
As these commodities are drawn down to fulfill emergency requests, they need to be replenished in preparation for the next emergency situation. This Scope of Work defines
OFDA's requirement for the provision of such service.
3.0 – Objective and Scope:
Plan and execute the procurement of 72,000 Water Containers.
4.0 - Technical Requirements and Specifications:
a. 10 LITER WATER CONTAINERS
The Water Containers must be manufactured in the United States.
CAPACITY: The container shall hold 2.6 gallons/10 liters of water.
MATERIAL: Low density, natural-color polyethylene (Transparent) conforming to the following: Density: 0.910 - 0.925 gms/cc
MATERIAL MUST BE A TYPE THAT WOULD CONTAMINATE
POTABLE WATER
THICKNESS: Minimum .010MM; Average .020MM
CONSTRUCTION: The container shall have a mechanically-bonded screw cap closure
(approximately 38MM); a smooth, integral carrying handle with sleeve, or an injection-molded high density polyethylene handle with a flat grip section that is affixed independently. A handle is the preferred method for transporting the container, however, other viable carrying methods will be considered.
SCREW CAP: Each container must be supplied with a polypropylene cap to fit the screw cap closure. Each cap will have a polyethylene foam liner. The cap will be affixed to the screw cap closure of the container prior to packaging.
COLOR: Natural-color polyethylene (Transparent)
5.0 – Packaging/Dimensions
When collapsed, at least fifty (50) containers shall fit in a cardboard box. The cardboard boxes must be white. The dimensions of the cardboard cartons shall be such that they will fit on standard commercial pallet measuring 48"L x 42"W x 50.5"H with no overhang. Approximately 600 water containers are required per commercial pallet. Each complete pallet must be wrapped in plastic and banded with reinforced corner pieces.
The contractor must provide weight and dimensions of all cargo, both individual cartons and palletized.
White cartons should be used and two color imprints on two panels
6.0 – Labeling/Branding
The USAID Logo must be used on boxes per technical specifications provided. An electronic copy of the USAID logo design will be provided if required. Please see the following web-link for USAID Branding instructions. http://www.usaid.gov/branding/
Each carton shall have the markings visible on the two long sides of each carton and should displace at least 50% of the side.
http://www.usaid.gov/branding/
7.0 – Schedule/Deliverables:
The required delivery date for the delivery of the 72,000 Water Containers is six weeks from date of award.
The contractor shall provide one (1) first article 2.6 gallon capacity liquid water container to the USAID OFDA Contracting Officer’s Technical Representative (―COTR‖) no later than 7 calendar days after award. The OFDA COTR will inspect the first article to ensure conformance with the specifications set forth in this solicitation. The first article shall be shipped/delivered to the following address per FAR 52.247-35 F.o.b. Destination, within
Consignee’s Premises (APR 1984).
United States Agency for International Development
Office of Foreign Disaster Assistance
Attn: OFDA Logistics
1300 Pennsylvania Ave, NW, Room 8.7.69
Washington, D.C 20523
Not later than six weeks after written notification of acceptance of the first article, the contractor shall have available for pickup at his/her place of manufacture the 72,000 each 2.6 gallon capacity water containers per FAR 52.247-30 F.O.B. Origin, Contractor’s Facility (FEB 2006).
The contractor shall give the USAID COTR reasonable notification, at least 7 days prior to pick up, that the 2.6 gallon capacity water containers will be ready for inspection/acceptance.
The contractor shall provide the OFDA COTR with weekly updates until the order is completed.
Notify OFDA Logistics of updates by telephone at (202) 712-0234 or facsimile at (202) 216-
3399. Once the order is complete, the OFDA Logistics Officer will inspect the complete order before arranging transport to the OFDA warehouse. Packaging and branding must meet the requirements established in the RFQ.
The contractor shall provide the OFDA COTR with complete packaging (palletized) information relating to:
- Weight per box and pallet
- Number of bottles per box and pallets
The Contractor shall package the commodity in such a way that USAID branding requirements are met.
A separate contract will be awarded for transportation of the wrapped pallets. The pallets will be picked up from the Contractor’s facility; no shipping costs are included in this purchase order.
The Contractor is responsible for any and all storage (if any) in the execution of this task order.
8.0 - Inspection and Acceptance
Inspection and acceptance of the First Article shall take place at the Government address specified under the First Article Approval clause under Section 8.0 Clauses below. Inspection and acceptance of the productions units shall take place at the contractor’s place of manufacture.
9.0 – Payment
Upon inspection and acceptance by the OFDA Logistics officer of the 72,000 each 2.6 gallon capacity water containers, the contractor shall be paid the firm fixed-price of
$.______ to be determined.
The contractor shall fill in the second page of the SF 1449 (attached) when s/he is ready to present production units for inspection/acceptance and shipment. Once the authorized
Government Representative performs inspection and acceptance and signs at the bottom of the form, the contractor shall submit a copy to the address cited under Clause 5.0
Deliverables/Schedule for COTR payment authorization. After the COTR certifies for payment, the invoice shall be forwarded to the payment address cited in block 18a of the
SF 1449 cover page for payment processing.
8.0 – CLAUSES
FAR 52.209-4 FIRST ARTICLE APPROVAL—GOVERNMENT TESTING (SEPT 1989)
(a) The Contractor shall deliver one (1) each 2.6 gallon capacity water containers within 7 calendar days from the date of this contract to the Government at USAID/OFDA, 1300
Pennsylvania Avenue, NW, Room 8.7.69, Washington, DC 20523 ATTN: Mr. Robert
Demeranville for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.
(b) Within 3 calendar days after the Government receives the first article, the Contracting
Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.
(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the
Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.
(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.
(e) Unless otherwise provided in the contract, the Contractor—
(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and
(2) Shall remove and dispose of any first article from the Government test facility at the
Contractor’s expense.
(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.
(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.
(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the
Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.
(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the
Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.
(End of clause)
Alternate I (Jan 1997). As prescribed in 9.308-2(a)(2) and (b)(2), add the following paragraph (j) to the basic clause:
(j) The Contractor shall produce both the first article and the production quantity at the same facility.
52.212-4 Contract Terms and Conditions—Commercial Items.
As prescribed in 12.301(b)(3), insert the following clause:
CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JUNE 2010)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights— https://www.acquisition.gov/far/current/html/Subpart%209_3.html#wp1078477 https://www.acquisition.gov/FAR/current/html/Subpart%2012_3.html#wp1084399
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act
(31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended
(41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting
Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
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(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause
(e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or
52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor
Registration), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt
Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see
52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— https://www.acquisition.gov/FAR/current/html/52_232.html#wp1153351 https://www.acquisition.gov/FAR/current/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/FAR/current/html/52_212_213.html#wp1179527
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting
Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the
Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by
33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting
Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or https://www.acquisition.gov/FAR/current/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/FAR/current/html/Subpart%2032_6.html#wp1031290
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the
Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the
Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
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(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain
Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986;
41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly
American; and 41 U.S.C. 423 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) Central Contractor Registration (CCR).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)(i) If a Contractor has legally changed its business name, ―doing business as‖ name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of
Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.
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The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR 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.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ―Suspension of payment‖ paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.
(End of clause)
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive
Orders -- Commercial Items (May 2011)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with
Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-
252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009.)
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(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards
(Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements
(Jul 2010) (Pub. L. 111-5).
(6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).
(7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, Section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161).
(8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011)
(15 U.S.C. 657a).
(9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)
(15 U.S.C. 657a).
(10) [Reserved]
(11)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-6.
(iii) Alternate II (Mar 2004) of 52.219-6.
(12)(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.
(13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and
(3)).
(14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Oct 2001) of 52.219-9.
(iii) Alternate II (Oct 2001) of 52.219-9.
(iv) Alternate III (Jul 2010) of 52.219-9.
(15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).
(16) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
(17)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business
Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
(ii) Alternate I (June 2003) of 52.219-23.
(18) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
(19) 52.219-26, Small Disadvantaged Business Participation Program—
Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
(20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside
(May 2004) (15 U.S.C. 657 f).
(21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009)
(15 U.S.C. 632(a)(2)).
(22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned
Small Business (EDWOSB) Concerns (Apr 2011).
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(23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB)
Concerns Eligible Under the WOSB Program (Apr 2011).
(24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(25) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010)
(E.O. 13126).
(26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
(27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
(29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)
(29 U.S.C. 793).
(30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
(31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
(32) 52.222-54, Employment Eligibility Verification (Jan 2009). (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.)
(33)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–
Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
(35)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal
Computer Products (Dec 2007) (E.O. 13423).
(ii) Alternate I (Dec 2007) of 52.223-16.
(36) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010) (E.O.
13513).
(37) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).
(38)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act
(June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).
(ii) Alternate I (Jan 2004) of 52.225-3.
(iii) Alternate II (Jan 2004) of 52.225-3.
(39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
(40) 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).
(41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
(42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(Nov 2007) (42 U.S.C. 5150).
(43) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)
(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
(44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
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