Combined_S___S_SP3300-16Q0132.pdf

SP3300-16-Q-0132

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and a written solicitation will not be issued.

Solicitation SP3300-16-Q-0132 is being issued as a full and open competitive Request for Quote (RFQ) and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-83 effective 02 Jul 2015 and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20151001 effective 01 Oct 2015 edition and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR 2015-09. The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil.

This RFQ is being solicited as a 100% set-aside reserved for small business concerns. The North American Industry Classification System (NAICS) code for this acquisition is 322211. The small business size standard is 500 Employees.

DESCRIPTION OF REQUIREMENT: DLA Distribution Depots located in Anniston, AL, Warner Robins, GA, and Susquehanna, PA have a requirement for single, double, and triple wall shipping boxes.

Deliveries will be made to three (3) locations. The schedule of supplies below provides for the details and delivery locations for the boxes. All delivery points are FOB Destination.

SCHEDULE OF SUPPLIES/SERVICES: The table below serves as the schedule of supplies/services to include: a list of contract line item number(s) (CLINs); item descriptions; quantities; the unit of measure(s); unit price; and total price for each CLIN.

Schedule of Supplies/Services

Item No. Description QTY U/I Unit Price Total Price

Items 0001 through 0009 Firm-Fixed-Price (FFP)

0001 BOX SHIPPING, SIZE: 48.5 INCH LONG X

11.5 INCH WIDE X 7.5 INCH DEEP;

STYLE: RSC; MATERIAL:

FIBERBOARD;TYPE: CF;

CLASS:WEATHER RESISTANT;

VARIETY: SINGLE WALL; GRADE:V3C,

400PSI, BOX JOINT MUST BE STAPLE,

KNOCKED DOWN, RECYCLED

CONTENT: 25-30% POST CONSUMER

MATERIAL; ASTM D5118/D5118M AND

CURRENT CHANGES APPLY

STOCK NUMBER 811500L090009.

Deliver to:

SB3540

DLA DISTRIBUTION ANNISTON AL

BASE SUPPLY BLDG 362

7 FRANKFORT AVE

ANNISTON, AL 36201-4199

8,000 EA $___________ $___________

http://farsite.hill.af.mil/

0002 BOX SHIPPING, SIZE: 50 INCH LONG X 8

INCH WIDE X 8 INCH DEEP; TYPE: CF;

STYLE: RSC; CLASS:WEATHER

RESISTANT; VARIETY: SINGLE WALL

GRADE, 400PSI, RECYCLED CONTENT:

40% POST CONSUMER MATERIAL; ASTM

D5118 AND CURRENT CHANGES APPLY

STOCK NUMBER 811500L100039.

Deliver to:

SB3525

DLA DISTRIBUTION WARNER ROBINS,

GA

CENTRAL RECEIVING

455 BYRON ST BLDG 376

ROBINS AFB, GA 31098

50 EA $___________ $___________

0003 BOX SHIPPING, TRIPLE WALL,

WEATHER RESISTANT, HALF SLOTTED

CARTON WITH DETACHABLE COVER;

SIZE: 47.5 INCH LONG X 39.5 INCH WIDE

X 28 INCH DEEP(INNER DEMENSIONS)

MATERIAL: FIBERBOARD, TYPE CF,

GRADE 1100; BOX JOINTS, JOINTS MUST

BE STAPLED, KNOCKED DOWN; COVER

DEPTH: 6 INCHES; COVER IS TO BE

CONSTRUCTED OF V11C 600LB DOUBLE

WALL FIBERBOARD, RECYCLED

CONTENT: 40% POST CONSUMER

MATERIAL; ASTM D5168 AND CURRENT

CHANGES APPLY

STOCK NUMBER 8115009016435.

Delivery to:

SB3300

DLA DISTRIBUTION SUSQUEHANNA PA

BASE SUPPLY BLDG 50 BAY 1

2001 NORMANDY DRIVE

NEW CUMBERLAND PA 17070-5086

375 EA $___________ $___________

0004 BOX SHIPPING, TRIPLE WALL,

WEATHER RESISTANT, STYLE A

REGULAR SLOTTED CARTON; SIZE: 24

INCH LONG X 24 INCH WIDE X 14.75

INCH DEEP(INNER DEMENSIONS)

MATERIAL: FIBERBOARD, TYPE CF,

GRADE 1100; BOX JOINTS, JOINTS MUST

BE STAPLED, KNOCKED DOWN,

RECYCLED CONTENT: 40% POST

CONSUMER MATERIAL; ASTM D5168

AND CURRENT CHANGES APPLY;

KNOCKED DOWN IN BUNDLES OF 3

EACH PER BUNDLE.

STOCK NUMBER 8115006169151.

Delivery to:

110 BD $___________ $___________

SB3300

DLA DISTRIBUTION SUSQUEHANNA PA

BASE SUPPLY BLDG 50 BAY 1

NEW CUMBERLAND PA 17070

0005 BOX SHIPPING, SIZE: 36 INCH LONG X 8

INCH WIDE X 8 INCH DEEP; STYLE: RSC;

MATERIAL: FIBERBOARD;TYPE: CF;

CLASS:WEATHER RESISTANT;

VARIETY: SINGLE WALL; GRADE:V3C,

400PSI; RECYCLED CONTENT: 40% POST

CONSUMER MATERIAL; ASTM D5118

AND CURRENT CHANGES APPLY

STOCK NUMBER 811500L100037.

Deliver to:

SB3525

DLA DISTRIBUTION WARNER ROBINS,

GA

CENTRAL RECEIVING

455 BYRON ST BLDG 376

250 EA $___________ $___________

0006 BOX SHIPPING, SIZE: 32 INCH LONG X 16

INCH WIDE X 13 INCH

DEEP;FIBERBOARD; TYPE: CF; STYLE:

FOL; CLASS:WEATHER RESISTANT;

VARIETY: DOUBLE WALL GRADE V11C,

JOINT STAPLED, KNOCKED DOWN,

RECYCLED CONTENT: 25-30% POST

CONSUMER MATERIAL; ASTM

D5118/D5118M AND CURRENT CHANGES

APPLY

Deliver to:

SB3540

DLA DISTRIBUTION ANNISTON AL

BASE SUPPLY BLDG 362

7 FRANKFORT AVE

ANNISTON, AL 36201-4199

8,000 EA $___________ $___________

0007 BOX SHIPPING, SIZE: 48 INCH LONG X 8

INCH WIDE X 8 INCH DEEP; STYLE: RSC;

MATERIAL: FIBERBOARD;TYPE: CF;

CLASS:WEATHER RESISTANT;

VARIETY: SINGLE WALL; GRADE:V3C,

400PSI; RECYCLED CONTENT: 40% POST

CONSUMER MATERIAL; ASTM D5118

AND CURRENT CHANGES APPLY

STOCK NUMBER 811500L100038.

Deliver to:

SB3525

DLA DISTRIBUTION WARNER ROBINS,

175 EA $___________ $___________

GA

CENTRAL RECEIVING

455 BYRON ST BLDG 376

ROBINS AFB, GA 31098

0008 BOX SHIPPING, SIZE: 22.625 INCH LONG

X 10 INCH WIDE X 16 INCH DEEP;

STYLE: RSC; MATERIAL: FIBERBOARD;

TYPE: CF; CLASS: WEATHER

RESISTANT; VARIETY: SINGLE WALL;

GRADE: W5C, 275 PSI; RECYCLED

CONTENT: 40% POST CONSUMER

MATERIAL; ASTM D5118 AND CURRENT

CHANGES APPLY. 15 EACH PER BUNDLE

STOCK NUMBER 8115001904865.

Delivery to:

SB3300

DLA DISTRIBUTION SUSQUEHANNA PA

BASE SUPPLY BLDG 50 BAY 1

NEW CUMBERLAND PA 17070-5086

425 BD $___________ $___________

0009 BOX SHIPPING, SIZE: 72 INCH LONG X 7

INCH WIDE X 26 INCH DEEP; STYLE:

RSC; MATERIAL: FIBERBOARD; TYPE:

CF; CLASS: WEATHER RESISTANT;

VARIETY: SINGLE WALL; GRADE: V3C,

400 PSI; RECYCLED CONTENT: 40% POST

CONSUMER MATERIAL; ASTM D5118

AND CURRENT CHANGES APPLY.

STOCK NUMBER 811500L100041.

Deliver to:

SB3525

DLA DISTRIBUTION WARNER ROBINS,

GA

CENTRAL RECEIVING

455 BYRON ST BLDG 376

50 EA $___________ $___________

Total Price

The following FAR, DFARS, and DLAD provisions and clauses apply to this RFQ. The full text version of these provisions and clauses may be viewed at http://farsite.hill.af.mil/.

Provisions

FAR 52.212-1 – Instructions to Offerors – Commercial Items (Apr 2014)

Addenda to FAR 52.212-1, Instructions to Offerors -- Commercial Items (Apr 2014)

Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph is tailored to read as follows:

(c) Period of acceptance of offers. The offeror agrees to hold prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

The following paragraphs under referenced provision 52.212-1 are hereby deleted:

(e) Multiple Offers; and

(h) Multiple Awards

Instructions to Offerors

This acquisition will be solicited in accordance FAR subpart 13.106-1, and will include the applicable provisions/clauses for commercial acquisitions IAW FAR part 12 – Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items.

Quote Submission Instructions –Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.

1. Quotations may be submitted in contractor format and shall include:

(1) Company name, address, telephone number, e-mail address, and FAX number;

(2) Solicitation number;

(3) Unit Price and extended prices for all CLIN(S). Offerors shall use the table beginning on page 1 to complete their pricing;

(4)Contractor DUNS Number and Commercial and Government Entity (CAGE) Code;

(5) Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation); and

(6) A completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, or a statement that the offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov.

If the latter of the two options is selected, then the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this RFQ.

2. Questions shall be submitted by electronic mail to the Contract Specialist, Paul Kobylarz via email at paul.kobylarz@dla.mil with the appropriate subject: SP3300-16-Q-0132 Solicitation Question. Question(s) must be received by 11:00 a.m. Eastern local time on Wednesday November 4, 2015. Questions received after this date and time will not receive a response.

Answers to questions will be posted to the FEDBIZOPPS website via an amendment to the solicitation.

https://www.acquisition.gov/

3. All quote submittals in item one (1) above shall be submitted via email to paul.kobylarz@dla.mil

NLT 2:00PM EDT ON FRIDAY NOVEMBER 6, 2015.

4. Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449.

The following provisions are incorporated by reference

FAR

PROVISION TITLE

DATE

52.204-7 System for Award Management Jul 2013 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations--

Representation Dec 2014

52.222-22 Previous Contracts and Compliance Reports Feb 1999 52.222-25 Affirmative Action Compliance Apr 1984 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications Dec 2012

DFARS

PROVISION TITLE

DATE

252.204-7004 Alternate A, System for Award Management Feb 2014

DLAD

PROVISION TITLE

DATE

N/A

The following provisions are incorporated in full text

DLAD 52.233-9000 Agency Protests (Sep 1999)

Companies protesting this procurement may file a protest 1) with the Contracting Officer, 2) with the General Accounting Office, or 3) pursuant to Executive Order No. 12979, with the Agency for a decision by the Activity’s Chief of the Contracting Office. Protests filed with the agency should clearly state that they are an “Agency Level Protest under Executive Order No. 12979.” (Note: DLA procedures for Agency Level Protests filed under Executive Order No. 12979 allow for a higher level decision on the initial protest than would occur with a protest to the Contracting Officer; this is not an appellate review of a Contracting Officer’s decision on a protest previously filed with the Contracting Officer). Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be protests to the Contracting Officer.

DLAD 52.233-9001 Disputes: Agreement to use Alternative Dispute Resolution (ADR) (Jun 2001)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1, or for the agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal counsel (see mailto:paul.kobylarz@dla.mil

DLA Directive 5145.1). Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here ( ). Alternate wording may be negotiated with the Contracting Officer.

(End of Provision)

FAR 52.212-2 – Evaluation – Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Addenda FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

Quotes received will be evaluated in accordance with FAR 13.106-2. The Government intends to award a Firm-Fixed Price commercial contract resulting from this notice on an all or none basis to the responsible offeror whom: 1) proposes the product addressed in schedule of supplies, and 2) offers the lowest price.

(End of Provision)

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (May 2015)

Addenda to FAR 52.212-4 Contract Terms and Conditions—Commercial Items (May 2015)

The following clauses Incorporated by Reference:

FAR CLAUSE TITLE DATE

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.246-16 Responsibility for Supplies Apr 1984 52.247-34 F.O.B. Destination Nov 1991

DFARS CLAUSE TITLE DATE

252.203-7000

252.203-7002

Requirements Relating to Compensation of Former DoD Officials Requirement to Inform Employees of Whistleblower Rights

Sep 2011

Sep 2013

252.203-7005

252.204-7003

Representation Relating to Compensation of Former DoD Officials Control of Government Personnel Work Product

Nov 2011

Apr 1992

252.204-7012 252.204-7015 252.223-7008 252.225-7001 252.225-7036 252.225-7048

Safeguarding of Unclassified Controlled Technical Information Disclosure of Information to Litigation Support Contractors Prohibition of Hexavalent Chromium Buy American-Balance of Payments Program Certificate Buy American-Free Trade Agreements-Balance of Payment Export Controlled Items

Nov 2013 Feb 2014 Jun 2013 Dec 2012 Dec 2012 Jun 2013

252.232-7003

Electronic Submission of Payment Requests and Receiving Reports

Jun 2012

252.232-7010 252.243-7001

Levies on Contract Payments Pricing of Contract Modifications

Dec 2006 Dec 1991

252.244-7000 252.247-7022 252.247-7023 252.243-7001

Subcontracts for Commercial Items Representation of Extent of Transportation by Sea Transportation of Supplies by Sea Pricing of Contract Modifications

Jun 2013 Aug 1992 Aug 1992 Dec 1991

DLAD CLAUSE TITLE DATE

52.211-9014 Contractor Retention of Traceability Documentation Aug 2012 52.232-9010 Accelerated Payments to Small Business Apr 2014 52.247-9034 Point of Contact for Transportation Instructions Jun 2013

Clauses Incorporated by Full Text:

FAR 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):

http://www.dla.mil/j-3/j-336/icps.htm . (This page can also be reached by accessing the J-71 Web page at http://www.dla.mil/j-3/j-336/logisticspolicy/procurementlinks2.htm and selecting “Go to FAR/DFARS & Local Clauses.”

http://www.dla.mil/Acquisition http://farsite.hill.af.mil/

(End of Clause)

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (May 2013)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall— http://www.dla.mil/j-3/j-336/icps.htm http://www.dla.mil/j-3/j-336/LogisticsPolicy/procurementlinks2.asp http://www.dla.mil/Acquisition http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

_____________Invoice Only______________________________________________

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

______________N/A______________________________________________

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC SL4701

Issue By DoDAAC SP3300

Admin DoDAAC SP3300

Inspect By DoDAAC N/A

Ship To Code SB3300, SB3540, SB3525

Ship From Code N/A

Mark For Code SEE PAGE 3 OF PO https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Paul Kobylarz paul.kobylarz@dla.mil

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

N/A

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

DLAD 52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM) (FEB 2007)

(a) This clause only applies when wood packaging material (WPM) will be used to make shipments under this contract. and/or when WPM is being acquired under this contract.”

(b) Definition.

Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).

(c) All wood packaging material (WPM) used to make shipments under Department of Defense (DOD) contracts and/or acquired by DOD must meet requirements of international standards for phytosanitary measures (ISPM) 15, “Guidelines for Regulating Wood Packaging Materials in International Trade.”

DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo.

(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) wood packaging material program and WPM enforcement regulations (see http://www.alsc.org/).

(2) All WPM shall include certification/quality markings in accordance with the ALSC standard.

Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ASLC approved dunnage stamp.

(d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government."

(End of Clause)

Illegal Items not Authorized on Federal Installation

Illegal drugs, guns or other contraband are not authorized on this Federal installation. It is the Contractor's responsibility to ensure that its employees working on-site at this installation are U. S.

citizens or legal aliens with no outstanding warrants. This installation is manned by a DoD Police Force who possesses apprehension authority, which includes holding suspects for local authorities. The local authorities can issue a citation that charges the individual with a specific offense and requires the individual to appear before a Federal Magistrate. This agency processes illegal aliens in accordance with INS instructions.

(End of Text)

Mark Contract Number on all Correspondence

Contractor must mark the contract or purchase order number on all paperwork and shipments. The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

(End of Text)

52.211-9 – DESIRED AND REQUIRED TIME OF DELIVERY (June 1997)

(a) The Government desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE – All items within 14 days.

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror’s proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government’s required delivery schedule as follows:

REQUIRED DELIVERY SCHEDULE – All items with 21 days.

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE: All items with _____ days after date of contract award.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically.

(The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause)

52.211-16–VARIATION IN QUANTITY (APR 1984)

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

(b) The permissible variation shall be limited to:

10 Percent increase

10 Percent decrease

This increase or decrease shall apply to the total quantity of each CLIN.

(End of Clause)

52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (OCT 2015)

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

(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

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

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

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

___ (10) [Reserved]

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

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

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

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

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

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

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

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

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

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

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

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

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

793).

___ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

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

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

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

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

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

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

793).

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

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

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

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.

13658).

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

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)