RFP_SP330018R5005_Conformed_thru_Amendment_0004.pdf
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- Attached to
- DLA Distribution Transportation Contract (DDTC) Federal contract opportunity
- Solicitation number
- SP3300-18-R-5005
- Issued by
- Defense Logistics Agency Distribution
About this file
This is a notice for a Request for Proposal (RFP) for multiple firm-fixed-price indefinite delivery/indefinite quantity contracts to provide transportation services from Bahrain to Gulf Cooperation Council countries, Iraq, and Jordan. The Defense Logistics Agency seeks to establish primary transportation capability in the Arabian Peninsula to deliver various classes of material in support of the Trans Arabian Network. The contracts would have a five-year ordering period from October 2018 to September 2023 with an optional six-month extension. Contractors must be able to pick up material within 24 hours of notification and deliver within 12 to 18 days depending on the destination country. Payment will be made for actual quantities delivered at firm fixed unit prices established in each task order issued against the contracts. The solicitation is expected to be released on or around April 12, 2018 and utilize best value tradeoff procedures for evaluation.
RFP SP330018R5005 Conformed thru Amendment 0004
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Text version
SP3300-18-R-5005
Conformed thru Amendment 0004
1. This Request for Proposal (RFP) is being issued under full and open competition to establish multiple Firm-Fixed-Price Indefinite Delivery/Indefinite Quantity (IDIQ) type contracts. The DLA Distribution Transportation Contracts (DDTC) are to provide a Transportation support capability in the Arabian Peninsula that would serve as the primary conduit for cargo in support of the Trans Arabian Network (TAN). The North American Industry Classification System (NAICS) code for the effort is 484230 and the size standard is $27.5M.
2. A copy of the Schedule of Supplies and Services is provided as PART I.
3. The period of performance will be a five year ordering period (inclusive of a three-month Phase-In period) from 01 October 2018 – 30 September 2023 with up to six (6) month option period under FAR 52.217-8 Option to Extend Services (Nov 1999) from 01 October 2023 – 31 March 2024.
4. Due date and time for proposal questions is 2:00 pm eastern local time on 15 May 2018.
Questions must be submitted in accordance with the instructions found in the solicitation.
5. Due date and time for proposal submission is 12:00 pm eastern local time on 14 June 2018.
Proposals must be submitted in accordance with the instructions found in the solicitation.
6. The Government intends to make more than one award of an ID/IQ contract as a result of this RFP to the responsible offerors whose conforming offer will be most advantageous to the Government, price and other factors considered. The Government will make the number of awards determined to be in the Government’s best interest after evaluation of proposals. The quantities outlined in the Supplies and Services Section are estimates only and represent half of the total requirement as the Government intends to award more than one contract. Once the number of awards has been determined, the Government intends to distribute the total requirements between awarded contracts. If multiple awards are made, it is the Government’s intent to place orders with each awardee; however, order placement will be determined based upon awardees ability to meet the specific delivery requirements. If the Government’s requirements do not result in the quantities estimated; such event shall not constitute the basis for an equitable price adjustment under the contract.
7. Any negotiated rates will be used to establish a firm fixed price under a task order. Unit prices shall include all costs for transportation from Bahrain to final destination, including, but not limited to, customs, reporting, liability/insurance, labor, and equipment, and any associated costs. Payment will be for actual quantities procured and delivered at the firm fixed unit prices outlined in each Delivery Order.
8. Invoicing Instructions:
A. Invoices for the first task order (Phase-In CLIN) shall be submitted at the conclusion of the Phase-In period in accordance with the delivery order invoicing instructions, DFARS 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports(June 2012), and DFARS 252.232-7006, Wide Area Workflow Payment instructions (May 2013). Payment instructions can be found at https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_71.htm#payment_instructions https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_71.htm#payment_instructions
B. The DDNB Transportation Officer will place orders for the required transportation services.
The lane rates established in the awarded ID/IQ contracts will be utilized in Syncada®. The Contractors shall electronically invoice the government in a manner agreed upon between the Contractors and Syncada®. The Contractors shall be Syncada® (third party payment system) enabled within 30 calendar days of contract award. Payment of charges for transportation services shall be made only upon completion of the services as evidenced by the Contractor’s certification of delivery at destination. Delivery dates entered into Syncada® shall reflect the actual date that the shipment was delivered to the destination location. Such certification shall be made electronically using Syncada®, and shall not be made until the shipment has actually been delivered. Any certification of delivery prior to actual delivery may result in contract termination, disqualification or disbarment of the Contractors from Government transportation programs and procurements.
9. The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in material prices. Therefore, your assistance is requested in not only reducing prices but also, request submitting all of your ideas for how to improve our buying processes to reduce costs.
10. Minimum and Maximum Quantities:
As referred to in paragraph (b) of FAR 52.216-22 entitled “Indefinite Quantity”, the minimum value of supplies/services is equal to the awarded contract amount for the Phase-In CLIN 0015 (for the entire contract). The maximum value of the supplies/services is $65,000,000.00.
Part I – The Schedule: The quantities provided are estimates only. Unit pricing is a fixed price. Carriers will be reimbursed for the actual number of shipments completed at the fixed price in the Schedule.
Unit prices shall include all costs for transportation from origination Bahrain to final destination, including, but not limited to, customs, reporting, liability/insurance, labor, and equipment, and any associated costs. Route rates shall be based upon potential delivery to anywhere within each country. While the destinations listed on TE 1.1 are the most likely delivery points for each country, the contractor shall deliver anywhere within the country at the unit price established for the country in the below Schedule.
PART 1 – THE SCHEDULE
SUPPLIES OR SERVICES AND PRICES/COSTS
QUANTITIES REPRESENT HALF OF THE TOTAL REQUIREMENT
CLIN SUPPLIES/SERVICES QTY UNIT
FIXED
UNIT
PRICE
AMOUNT
Period of Performance:
01 October 2018 - 30 September 2023
Firm-Fixed-Price (ALL CLINS)
Applicable PSC to all CLINs: V112
Delivery Route: Bahrain – Kuwait
0001 Transportation from Bahrain – Kuwait (20’ flatbed) 215 EA _________ _______________
0002 Transportation from Bahrain – Kuwait (40’ flatbed) 1,075 EA _________ _______________
Delivery Route: Bahrain – Oman
0003 Transportation from Bahrain – Oman (20’ flatbed) 1 EA _________ _______________
0004 Transportation from Bahrain – Oman (40’ flatbed) 5 EA _________ _______________
Delivery Route: Bahrain – UAE
0005 Transportation from Bahrain – UAE (20’ flatbed) 11 EA _________ _______________
0006 Transportation from Bahrain – UAE (40’ flatbed) 53 EA _________ _______________
Delivery Route: Bahrain – Qatar
0007 Transportation from Bahrain – Qatar (20’ flatbed) 28 EA _________ _______________
0008 Transportation from Bahrain – Qatar (40’ flatbed) 140 EA _________ _______________
Delivery Route: Bahrain – Jordan
0009 Transportation from Bahrain – Jordan (20’ flatbed) 2 EA _________ _______________
0010 Transportation from Bahrain – Jordan (40’ flatbed) 10 EA _________ _______________
PART 1 – THE SCHEDULE
SUPPLIES OR SERVICES AND PRICES/COSTS
QUANTITIES REPRESENT HALF OF THE TOTAL REQUIREMENT
CLIN SUPPLIES/SERVICES QTY UNIT
FIXED
UNIT
PRICE
AMOUNT
Delivery Route: Bahrain – Iraq
0011 Transportation from Bahrain – Iraq (20’ flatbed) 52 EA _________ _______________
0012 Transportation from Bahrain –Iraq (40’ flatbed) 260 EA _________ _______________
Delivery Route: Bahrain – KSA
0013 Transportation from Bahrain – KSA (20’ flatbed) 6 EA _________ _______________
0014 Transportation from Bahrain – KSA (40’ flatbed) 28 EA _________ _______________
0015 Phase-In: includes hiring, Syncada registration, Quality Control Plan, obtaining vehicles and insurance and all other functions required to be prepared for Full Performance
(01 October 2018 – 31 December 2018)
1 EA _________ _______________
TOTAL ESTIMATED PRICE (CLINs 0001 – 0015) _______________
SIX MONTH OPTION PERIOD -– SEE FAR 52.217-8**
Period of Performance:
01 October 2023 – 31 March 2024
Fixed-Price (ALL CLINS)
Applicable PSC to all CLINs: V112
Delivery Route: Bahrain – Kuwait
1001 Transportation from Bahrain – Kuwait (20’ flatbed) 22 EA _________ _______________
1002 Transportation from Bahrain – Kuwait (40’ flatbed) 108 EA _________ _______________
Delivery Route: Bahrain – Oman
1003 Transportation from Bahrain – Oman (20’ flatbed) 1 EA _________ _______________
1004 Transportation from Bahrain – Oman (40’ flatbed) 1 EA _________ _______________
Delivery Route: Bahrain – UAE
1005 Transportation from Bahrain – UAE (20’ flatbed) 2 EA _________ _______________
1006 Transportation from Bahrain – UAE (40’ flatbed) 6 EA _________ _______________
Delivery Route: Bahrain – Qatar
1007 Transportation from Bahrain – Qatar (20’ flatbed) 3 EA _________ _______________
1008 Transportation from Bahrain – Qatar (40’ flatbed) 14 EA _________ _______________
Delivery Route: Bahrain – Jordan
PART 1 – THE SCHEDULE
SUPPLIES OR SERVICES AND PRICES/COSTS
QUANTITIES REPRESENT HALF OF THE TOTAL REQUIREMENT
CLIN SUPPLIES/SERVICES QTY UNIT
FIXED
UNIT
PRICE
AMOUNT
1009 Transportation from Bahrain – Jordan (20’ flatbed) 1 EA _________ _______________
1010 Transportation from Bahrain – Jordan (40’ flatbed) 1 EA _________ _______________
Delivery Route: Bahrain – Iraq
1011 Transportation from Bahrain – Iraq (20’ flatbed) 6 EA _________ _______________
1012 Transportation from Bahrain –Iraq (40’ flatbed) 26 EA _________ _______________
Delivery Route: Bahrain – KSA
1013 Transportation from Bahrain – KSA (20’ flatbed) 1 EA _________ _______________
1014 Transportation from Bahrain – KSA (40’ flatbed) 3 EA _________ _______________
TOTAL ESTIMATED PRICE (CLINs 1001 – 1014) _______________
Total Estimated Price (All CLINs) _______________
**CLINs 1001 – 1014 ARE OPTION CLINs AND MAY BE EXERCISED PURSUANT TO FAR 52.217-8 OPTION TO EXTEND
SERVICES (NOV 1999)**
Addenda to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL
ITEMS (JAN 2017)
THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE.
FAR 52.202-1 DEFINITIONS (NOV 2013)
FAR 52.203-3 GRATUITIES (APR 1984)
FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (OCT 2010)
FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND
REQUIREMENT TO INCOFRM EMPLOYEES OF
WHISTLEBLOWER RIGHTS (APR 2014)
FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER
PFIBER CONTENT PAPER (MAY 2011)
FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINITENANCE (OCT
2016)
FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)
FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE (JUL 2016)
FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS (DEC 2014)
FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE
SMALL BUSINESS CONCERNS (OCT 2014)
FAR 52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)
(JUL 2014)
FAR 52.229-6 TAXES—FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)
FAR 52.232-4 PAYMENTS UNDER TRANSPORTATION CONTRACTS AND
TRANSPORTATION-RELATED SERVICES CONTRACTS (APR
1984)
FAR 52.232-17 INTEREST (MAY 2014)
FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN
2013)
FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
FAR 52.242-13 BANKRUPCY (JUL 1995)
FAR 52.242-15 STOP-WORK ORDER (AUG 1989)
FAR 52.243-1 CHANGES – FIXED PRICE (AUG 1987) Alternate IV (Apr 1984)
FAR 52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)
FAR 52.247-8 ESTIMATED WEIGHTS OR QUANTITIES NOT GUARANTEED
(APR 1984)
FAR 52.247-9 AGREED WEIGHT – GENERAL FREIGHT (APR 1984)
FAR 52.247-12 SUPERVISION, LABOR, OR MATERIALS (APR 1984)
FAR 52.247-16 CONTRACTOR RESPONSIBILITY FOR RETURNING
UNDELIVERED FREIGHT (APR 1984)
FAR 52.247-18 MULTIPLE SHIPMENTS (APR 1984)
FAR 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR
PROPERTY DAMAGE (APR 1984)
FAR 52.247-22 CONTRACTOR LIABILITY FOR LOSS OF AND/OR DAMAGE TO
FREIGHT OTHER THAN HOUSEHOLD GOODS (APR 1984)
FAR 52.247-24 ADVANCE NOTIFICATION BY THE GOVERNMENT (APR 1984)
FAR 52.247-27 CONTRACT NOT AFFECTED BY ORAL AGREEMENT (APR 1984)
FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
DFARS 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF
FORMER DoD OFFICIALS (SEP 2011)
DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF
WHISTLEBLOWER RIGHTS (SEP 2013)
DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC
2012)
DFARS 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)
DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK
PRODUCT (APR 1992)
DFARS 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT
(FEB 2014)
DFARS 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-
PARTY CONTRACTOR REPORTED CYBER INCIDENT
INFORMATION (OCT 2016)
DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION
AND CYBER INCIDENT REPORTING (OCT 2016)
DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF
INFORMATION FOR LITIGATION SUPPORT (MAY 2016)
DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE
AGREEMENT HOLDERS (DEC 1991)
DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR
CONTROLLED BY THE GOVERNMENT OF A COUNRY
THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)
DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR
2016)
DFARS 252.211-7008 USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS
(SEP 2010)
DFARS 252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS)
(JUN 1997)
DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)
DFARS 252.225-7005 IDENTIFICATION OF EXPENDITURES IN THE UNITED
STATES (JUN 2005)
DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES
(DEC 2017)
DFARS 252.225-7021 TRADE AGREEMENTS-BASIC (DEC 2017)
DFARS 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)
DFARS 252.225-7040 CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED
FORCES DEPLOYED OUTSIDE THE UNITED STATES (OCT
2015)
DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)
DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR
DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES
(JUN 2015)
DFARS 252.225-7981 ADDITIONAL ACCESS TO CONTRACTOR AND
SUBCONTRACTOR RECORDS (OTHER THAN
USCENTCOM) (DEVIATION 2015-O0016)(SEP 2015)
DFARS 252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY
(DEVIATION 2015-O0016) (SEP 2015)
DFARS 252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND
SUBCONTRACTOR RECORDS IN THE UNITED STATES
CENTRAL COMMAND THEATER OF OPERATIONS
(DEVIATION 2015-O0013)(MAR 2015)
DFARS 252.225-7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED
STATES CENTRAL COMMAND AREA OF RESPONSIBILITY
(DEVIATION 2015-O0009)(JAN 2015)
DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-
OWNED ECONOMIC ENTERPRISES, AND NATIVE
HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)
DFARS 252.228-7003 CAPTURE AND DETENTION (DEC 1991)
DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND
RECEIVING REPORTS (JUN 2012)
DFARS 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997)
DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
DFARS 252.232-7011 PAYMENTS IN SUPPORT OF EMERGENCIES AND
CONTIGENCY OPERATIONS (MAY 2013)
DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997)
DFARS 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY
CONTRACTOR PERSONNEL (JUN 2013)
DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)
DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)
DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA-BASIC (APR
2014)
DFARS 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY
SEA (MAR 2000)
DFARS 252.247-7028 APPLICATION FOR U.S. GOVERNMENT SHIPPING
DOCUMENTATION/INSTRUCTIONS (JUN 2012)
THE FOLLOWING CLAUSES ARE INCORPORATED IN FULL TEXT.
FAR 52.204-21 - Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)
(a) Definitions. As used in this clause–
“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.
3502).
“Safeguarding” means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
FAR 52.216-18 – Ordering (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 01 October 2018 through 30 September 2023 with up to six (6) month option period under FAR 52.217-8 Option to Extend Services (Nov 1999) from 01 October 2023
– 31 March 2024.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of Clause)
FAR 52.216-19 -- Order Limitations (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor --
(1) Any order for a single item in excess of the Simplified Acquisition Threshold;
(2) Any order for a combination of items in excess of $6,000,000.00; or
(3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
FAR 52.216-22 -- Indefinite Quantity (OCT 1995).
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;
provided, that the Contractor shall not be required to make any deliveries under this contract after 31 March 2024.
(End of Clause)
FAR 52.217-8 -- OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 DAYS.
FAR 52.228-9 - CARGO INSURANCE (MAY 1999)
(a) The Contractor, at the Contractor’s expense, shall provide and maintain, during the continuance of this contract, cargo insurance of (See Attachment 1 – PWS Section C: Carrier’s Liability) per vehicle to cover the value of property on each vehicle and of (See Attachment 1 – PWS Section C: Carrier’s Liability) to cover the total value of the property in the shipment.
(b) All insurance shall be written on companies acceptable to DLA Distribution, and policies shall include such terms and conditions as required by DLA Distribution. The Contractor shall provide evidence of acceptable cargo insurance to DLA Distribution before commencing operations under this contract.
(c) Each cargo insurance policy shall include the following statement:
“It is a condition of this policy that the Company shall furnish—
(1) Written notice to DLA Distribution, 30 days in advance of the effective date of any reduction in, or cancellation of, this policy; and
(2) Evidence of any renewal policy to the address specified in paragraph (1) of this statement, not less than 15 days prior to the expiration of any current policy on file with DLA Distribution.”
FAR 52.246-14 - INSPECTION OF TRANSPORTATION (APR 1984)
The Government has the right to inspect and test the Contractor’s services, facilities, and equipment at all reasonable times. The Contractor shall furnish Government representatives with the free access and reasonable facilities and assistance required to accomplish their inspections and tests.
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):
www.acquisition.gov
(End of Clause)
DFARS 252.216-7006 ORDERING (MAY 2011)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from 01 October 2018 through 30 September 2023 with up to six (6) month option period under FAR 52.217-8 Option to Extend Services (Nov 1999) from 01 October 2023 – 31 March 2024.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
The following clause is applicable to CLIN 0015 only
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—
(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 – (stand-alone)________________________________________ (Contracting Officer: Insert applicable document type(s).
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
__________________Not Applicable_______________________________________ (Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(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
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC) SB3300
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(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.
_brian.rose@dla.mil____________ (Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(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.
_ brian.rose@dla.mil _____________________________ (Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)
REQUIREMENTS
(a) The contractor, in performing this contract, will be subject to a past performance assessment in accordance with FAR 42.15 and the Contractor Performance Assessment Reporting System (CPARS) Guide at http://www.cpars.navy.mil/cparsfiles/pdfs/navycparsmanual.pdf. All information contained in the assessment may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor. Assessments will be conducted as prescribed by CPARS guidance.
(b) The contractor will be provided with a copy of the assessment. The contractor will have 30 calendar-days to submit comments, additional information, or rebut statements if warranted or desired. The contractor must strictly control access to the assessment while in the Contractor's possession and must ensure that the assessment is never released to persons or entities outside of the contractor's control. After receipt of Contractor's comments or expiration of the 30-day comment period, whichever occurs first, and depending on the Contractor's response the Government will:
(i) If no comments are received; close the CPAR by the Assessing Official Rep and Reviewing Official
(ii) If the Contractor concurs with the assessment; accept/update and close the CPAR and forward comments to all reviewers
(iii) If Contractor does not concur with the assessment, coordinate a final response with Reviewing Official, Assessing Official Representative, and Assessing Official.
(iv) Enter the final government response and close CPARS.
After completion of one of the appropriate actions, the Assessing Official will notify all individuals that the report is complete. The assessment is considered complete when signed by the Assessing or Reviewing Official.
http://www.cpars.navy.mil/cparsfiles/pdfs/navycparsmanual.pdf
The official responsible for the corporate operating unit being assessed can submit a written request to receive a copy of the completed CPARS assessment. The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described above and in the CPARS Guide.
Refer to http://www.cpars.csd.disa.mil/ for details and additional information related to CPARS, CPARS user access (which includes obtaining a PKI certificate), how contract performance assessments are conducted, and how contractors participate.
(End of Clause)
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 Clause)
L06 Agency Protests (DEC 2016)
Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not available as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be protests to the contracting officer.
L08 Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations (OCT 2016)
(1) The Past Performance Information Retrieval System-Statistical Reporting (PPIRS-SR) application (http://www.ppirs.gov/) will be used in the evaluation of suppliers’ past performance.
(2) PPIRS-SR collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier’s performance history by Federal supply class (FSC) and product or service code (PSC). The PPIRS-SR application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies being purchased.
(3) The quality and delivery classifications identified for a supplier in PPIRS-SR will be used by the contracting officer to evaluate a supplier’s past performance in conjunction with the supplier’s references (if requested). The Government reserves the right to award to the supplier whose offer represents the best value to the Government.
http://www.cpars.csd.disa.mil/ http://www.ppirs.gov/
(4) PPIRS-SR classifications are generated monthly for each contractor and can be reviewed by following the access instructions in the PPIRS-SR User’s Manual found at https://www.ppirs.gov/pdf/PPIRS-SR_UserMan.pdf. Contractors are granted access to PPIRS- SR for their own classifications only. Suppliers are encouraged to review their own classifications, the PPIRS-SR reporting procedures and classification methodology detailed in the PPIRS-SR User's Manual, and PPIRS-SR Evaluation Criteria available from the references at https://www.ppirs.gov/pdf/PPIRS-SR_DataEvaluationCriteria.pdf. The method to challenge a rating generated by PPIRS-SR is provided in the User’s Manual.
FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2018).
(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-
77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the
Contracting Officer has 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.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.
3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
https://www.ppirs.gov/pdf/PPIRS-SR_UserMan.pdf https://www.ppirs.gov/pdf/PPIRS-SR_DataEvaluationCriteria.pdf https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 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/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 http://uscode.house.gov/
_ _ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (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).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15
U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (JAN 2011) of 52.219-4.
__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.
644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Nov 2016) 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 (Jan 2017) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside
(Nov 2011) (15 U.S.C. 657 f).
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__ (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (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 2018)
(E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
_ _ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
_ _ (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 (FEB 2016) (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). (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.)
__ (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s
13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
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