SP4500-12-R-0013_Redacted.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000001882

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP4500-12-R-0013

5. SOLICITATION NUMBER

2012 MAR 18

6. SOLICITATION ISSUE

DATE

Daniel Schuemann PWMPHW6

a. NAME

Phone: 269-961-5238

b. TELEPHONE NUMBER (No Collect calls)

2012 APR 28

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP4500

DLA DISPOSTION SERVICE - EBS

DLA DISP SVCSS HAZ CONTRACT

74 NORTH WASHINGTON

BATTLE CREEK MI 49037-3092

USA

10. THIS ACQUISITION IS

100UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

EMERGING SMALL

BUSINESS

8 (A)

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

562211NAICS:

$12,500,00SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

PAS: None

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

34PAGE 1 OF

04:30 PM

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

SP4500-12-R-0013 Page #1

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 3/2005) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

SP4500-12-R-0013 Page #2

CONTINUED ON NEXT PAGE

Continuation of SF1449

1.CAUTION TO OFFERORS: Offerors shall be responsible for thoroughly familiarizing themselves with these notes, all terms, conditions, and requirements of this solicitation, and with accessing all Sections, attachments, and documents associated with it, including those incorporated by reference and/or having hot links.

2.This 100% Small Business Set-Aside solicitation is for a firm-fixed price, indefinite delivery/indefinite quantity (IDIQ) contract, written as a performance based contract that allows the Contracting Officer to make monetary deductions and/or negative evaluations on the Contractor’s Past Performance when an Acceptable Performance Level (APL) is not met. (See 4.2)

3.Offerors are encouraged to conduct a site visit in order to understand the conditions under which they will be expected to perform. Arrangements for any such site visits shall be made so that they are completed not later than COB April 18, 2012. Offeror questions shall be received not later than 4:00 PM (1600 Hours) Eastern Time on April 18, 2012. While the Government will make an honest effort to address offeror questions after that date, no such guarantee is made. In no event shall the failure to conduct a site visit or to ask questions within the time frames noted be the basis for requesting an extension of the closing date of this solicitation, nor shall it be the basis of any future claims against the Government.

4.Offerors retained in the competitive range shall be prepared to provide, on short notice, substantiation for how they arrived at proposed unit prices that may be determined to be potentially unbalanced as a result of the Government’s analysis.

5.This contract is for various military and Government activities. Standard removal timeframe for all sites is 21 calendar days from the date of order issuance. The contractor agrees that, for those portions of the services provided on a Government installation, the services shall be provided during normal hours of operations for the installation, which are available upon request from the CORs.

6.This contract requires the transportation and disposal of RCRA wastes, non-RCRA wastes, Compressed Gas Cylinders, and Polychlorinated Biphenyls (PCBs), as well as various management services

7.Some waste ordered on this contract requires the contractor to furnish Certificates of Recycling and/or Certificates of Disposal. The contractor is cautioned to read the Sections on Bulk Liquid Pumping, section 1.2.8): Demilitarization of Government Property, section 2.5; Compressed Gas Cylinders, section 2.3; PCBs section 2.2, Tank/Wash Rack Cleaning, section 3.2; Quarterly Reporting, section 3.14; Perform Expedited Analysis and Complete Waste Profile Form, section 3.18; Hazardous Waste Management Services at RAFB, section 3.20; After-Hour Storage Container Delivery Surcharge, section 3.26, After-Hours Storage Container Delivery Surcharge.

8.Publications and attachments applicable to this contract are available by means of the links provided; the links for which are located in the attachments document, with each attachment listed. It should be noted that during the solicitation and life of this contract, the Government may make changes, additions, or deletions to those listed.

9.The email address for submission of offers is: daniel.schuemann@dla.mil

10.The Defense Reutilization and Marketing Service (DRMS) name was recently changed to the DLA Disposition Services, which is to be considered synonymous with all references to DRMS throughout this solicitation.

Points of Contact

SP4500-12-R-0013 Page #3

Robins AFB, GA

Darlene Smith Darlene.S.Smith@dla.mil

(478) 926-0584

Terry Hunt Terry.Hunt@dla.mil

(478) 926-5044

Susanne Kayser Susanne.Kayser@dla.mil

(478) 926-5162

Gerald Zich Gerald.Zich@dla.mil

(478) 926-9927

Forest Park/Ft. Gillam, GA

Patrica Allen Patricia.Allen@dla.mil

(404) 469-5118 or DSN 797-5118

The contractor is required to make pick-ups in and around the following sites:

Pick-up Point Locations

Robins AFB All Locations (approx. 20 sites) Robbins, GA 31098-1860

EPA ID: GA1570024330

Ft. Stewart Bldg. 1157 1550 Frank Cochran Dr.

Ft. Stewart, GA 31314

EPA ID: GA9210020872

Hunter Army Airfield Bldg. 722 421 Stephen Douglas St.

Hunter Army Airfield, GA

EPA ID: GA4210022733

GA ARNG Armory 95 Lee St.

Winder, GA 30680

EPA ID: GAR000019380

Forest Park USARC

SP4500-12-R-0013 Page #4

4984 Jonesboro Rd.

Forest Park, GA 30050-3595

US Army Signal center & Fort Gordon Fort Gordon, Ga 30905-5000

EPA ID: GA0210020368

Dobbins USARC & ASF 42A 882 Industrial Dr.

Dobbins AFB, GA 300069-5000

Navy Supply Corps School 1425 Prince Ave.

Athens, GA 30606-5000 EPA ID: None CESQG

Fort McPherson Bldg. 358 Fort McPherson, GA 30330-5000

EPA ID: GA1210020565

Athens USARC 2190 Winterville Rd.

Athens, GA 30605

Fort Gillem Forest Park, GA 30297

EPA ID: GA0210020046

81st Regional Support Center 1514 E. Cleveland Ave.

East Point, GA 30344-6904

State of GA, Dept. of Defense Office of the Adjutant General Atlanta, GA 30316-0965

Georgia Dept. of Defense Facilities Management Office Atlanta, GA 30316-0965

East Point USARC 2323 Dauphine St.

East Point, GA 30344

USARC & AMSA 54G

3311 Wrightsboro Rd.

Augusta, GA 30909

EPA ID: GA3214013366

GA ARNG FMS #4 & Armory 88 Milledge Rd.

Augusta, GA 30914-3509

EPA ID: GAD98122458,

GAD981224587

SP4500-12-R-0013 Page #5

USP&FO for Georgia 938 E. Confederate Ave. S.E.

Atlanta, GA 30316-0965

EPA ID: GA8211890001

Carrollton USARC 1282 Bankhead Hwy Carrollton, GA 30177

GA ARNG FMS #11 & Armory 500 Water St.

Washington, GA 30673-0429

EPA ID: GA2118900008, GAD211890008

US Army Recreation Ctr. Thurman Lake Appling, GA 30802 EPA ID: None CESQG

Chamblee USARC 2383 Chamblee-Tucker Rd.

Chamblee, GA 30341

Naval Air Station Atlanta Bldg. 77, 1005 Halsey Ave.

Marietta, GA 30060-5099

EPA ID: GA4170024174

Gainsville USARC 570 Shallowford Rd.

Gainsville, GA 30504

GA ARNG FMS #1 & CSMS

937 & 935 E. Confederate Ave.

Atlanta, GA 30316-2536

EPA ID: GA8211890001

Thomas Glenn USARC 2405 Bankhead Hwy Carrollton, GA 30177 GA ARNG FMS #9 & Armory

300 N. River St.

Calhoun, GA 30701-0036

EPA ID: GA5211813055,

GAR000053157

US Army Corps of Engineers Alatoona Operations Powerhouse PO Box 487 Cartersville, GA 30120

EPA ID: GAD984297432

US Army Corps of Engineers Lanier Operations Powerhouse PO Box 567

SP4500-12-R-0013 Page #6

Buford, GA 30518-0567 283rd CSS 1117 Eisenhower Dr.

Savannah, GA 31406

EPA ID: GAD981250624

GA ARNG Armory 901 Adderton St.

Americus, GA 31709-0249

EPA ID: GAR000019208

US Coast Guard Station Tybee-Cockspur Island Tybee Island, GA 31328

EPA ID: GA2690308356

GA ARNG Armory 510 Louise St.

Bainbridge, GA 31717

EPA ID: GAR000019190

224th JCCS 1693 Glynco Parkway Brunswick, GA 31525

EPA ID: GAD981250657

US Army Corps of Engineers Carter Project Powerhouse Rt. 3 Chatsworth, GA 30705

Kandel USARC & AMSA 54G(S) 1327 Eisenhower Dr.

Savannah, GA 31406

EPA ID: GAD981224538

GA ARNG Armory Fulton County Charlie Brown Airport 41155 Airport Rd.

Atlanta, GA 30336

EPA ID: GAR000019166

GA ARNG FMS #6 & Armory 611 E. Oglethorpe Hwy Hinesville, GA 31313-0022

EPA ID: GA5211890004

US Army Fulton County Airport 4185 Martin Luther King Jr. Dr.

Atlanta, GA 30336

GA ARNG Armory 3100 Norwich St.

Brunswick, GA 31520-4518

EPA ID: GAD981224561

SP4500-12-R-0013 Page #7

165th Airlift Group Travis Field Garden City, GA 31408

EPA ID: GA3570026119

Combat Readiness Trng. Ctr.

Travis Field Garden City, GA 31418

EPA ID: GAD981236821

US Army Reserve Center 718 Garlington Ave.

Waycross, GA 31501

US Army Corps of Engineers Hutchinson Island Savannah, GA 31406

Townsend Bombing Range Hwy 57 Townsend, GA 31331

EPA ID: GAD984319624

GA ARNG FMS #2

4460 Mead Rd.

Macon, GA 31206-2018

EPA ID: GA021181325

117th ANG & US Army Aviation Support Group Hunter AAF, GA 31409

EPA ID: GA4210022733

Georgia ANG 202 Engineering Squadron 7791 Airport Dr.

Bldg. 15, 202 Vehicle Maint. Shop Macon, GA 31297 Regional Training Institute (RTI)

GA ARNG

1030 Shurling Dr.

Macon, GA 31211-2039

EPA ID: GAR000018895

Military Entry Processing Station (MEPS) Martin Luther King Jr., Federal Annex 77 Forsyth St. S.W.

Atlanta, GA 30316

GA ARNG FMS #8 & AASF #1

Winder-Barrow Airport Winder, GA 30680-0545

EPA ID: GA9811224561

GA ARNG Armory

SP4500-12-R-0013 Page #8

95 Maynard & Lee St.

Winder, GA 30680-0706

EPA ID: GAR000019380

Dublin USARC 1002 Martin Luther King Jr. Dr.

Dublin, GA 31021

EPA ID: GAD981224579

GA ARNG Armory 1084 Marietta Hwy Canton, GA 30114-0392

EPA ID: GAR0000191158, GAR000019158

GA ARNG Armory 468 Franklin St.

Jackson, GA 30232-1100

EPA ID: GAR000018994

GA ARNG Armory 1699 Buchanan Hwy.

Cedartown, GA 30125

EPA ID: GAR000012237

GA ARNG Armory 268 Peachtree St.

Jesup, GA 31545-0587

EPA ID: GAR000018986

GA ARNG Armory 620 8th Ave. East Cordele, GA 31015

EPA ID: GAR000019141

US Army Corps of Engineers Carters Power House 975 Power House Dr.

Chatsworth, GA 30705

GA ARNG Armory 4124 Carroll St.

Covington, GA 30209

EPA ID: GAR000019133

Camp Frank Merrill Dahlonega, GA

GA ARNG Armory 709 W. Crawford St.

Dalton, GA 30722-1426

EPA ID: GAR000019125

Fort Valley USARC 602 N. Cammellia Rd.

Fort Valley, GA 31030

SP4500-12-R-0013 Page #9

1015 S. Hill St.

Griffin, GA 30223

EPA ID: GAR000019018

Macon USARC & AMSA 54G(S) 1690 Riverside Dr.

Macon, GA 31201

GA ARNG Armory 300 Fairview Ave.

Hartwell, GA 30643

EPA ID: GAR000019000

GA ARNG Armory 303 Veterans Dr.

Thomaston, GA 30286

EPA ID: GAR000018796

GA ARNG Armory 102 Varnadoe St.

Thomasville, GA 31799

EPA ID: GAR000018788

GA ARNG Armory Hwy 341 Hawkinsville, GA 31036-0064

EPA ID: GAR000019406

GA ARNG Armory 612 Main St.

Thomson, GA 30824

EPA ID: GAR000018770

GA ARNG MATES

Bldg 10531, Troupe Ave.

Ft. Stewart, GA 31314

GA ARNG Armory 341 E. Savannah St.

Toccoa, GA 30577

EPA ID: GAR000019448

GA ARNG Armory 1901 McCollum Pkwy Kennesaw, GA 30144

EPA ID: GAR000018978

GA ARNG Armory 2200 East Cypruss St.

Valdosta, GA 31603-0041

EPA ID: GAR000018754

GA ARNG Armory 205 Young Mill Road La Grange, GA 30241

SP4500-12-R-0013 Page #10

EPA ID: GAR000018960

718 Garlington Ave.

Waycross, GA 31503

EPA ID: GAR000018747

GA ARNG NGTC

Bldg 10504, Troupe Ave.

Ft. Stewart, GA 31314

GA ARNG Armory 262 South Liberty St.

Waynesboro, GA 30830

EPA ID: GAR000018739

GA ARNG Armory 261 E. Crogan St.

Lawrenceville, GA 30245

EPA ID: GAR000018945

GA ARNG Motorpool 13th Street Fort Gordon, GA 30905-5000

EPA ID: GA0210020368

GA ARNG Armory 3111 Hwy 41 S.

Tifton, GA 31793

EPA ID: GAR000018762

GA ARNG Armory 572 S. Victory Dr.

Lyons, GA 30436-9203

EPA ID: GAR000018929

GA ARNG Armory 3736 Durham Park Road Decatur, GA 30032

EPA ID: GAR000019109

GA ARNG Armory 100 W. Ward St.

Douglas, GA 31533-0358

EPA ID: GAR000019091

GA ARNG Armory 673 Kite Road Swainsboro, GA 30401-0410

EPA ID: GAR000019430

GA ARNG Armory 6784 W. Church St.

Douglasville, GA 30133-0459

EPA ID: GAR000019083

SP4500-12-R-0013 Page #11

308 Legion St.

Eastman, GA 31023-0278

EPA ID: GAR000019075

GA ARNG Armory 436 Washington St.

Monroe, GA 30655

EPA ID: GAR000018861

GA ARNG AASF #2 & Armory 956 Atlantic Ave.

Dobbins ARB 30029

EPA ID: GA1570024306

GA ARNG Armory 718 Vienna Rd.

Montezuma, GA 31063-2045

EPA ID: GAR000018853

GA ARNG Armory 1031 Calhoun Falls Hwy.

Elberton, GA 30635-9299

EPA ID: GAR000019059

GA ARNG Armory 589 Industrial Blvd.

Moultrie, GA 31768-9808

EPA ID: GAR000018846

GA ARNG Armory 702 S. Gordon St.

Fitzgerald, GA 31750-0414

EPA ID: GAR000019042

GA ARNG Armory 12 Armory Rd.

Newnan, GA 30264

EPA ID: GAR000018838

GA ARNG Armory 100 Quitman Guards Ln.

Forsyth, GA 31029-0385

EPA ID: GAR000019034

GAARNG AASF #3

801 Strachan Blvd.

Hunter AAF, GA 31407

EPA ID: GA4210022733

GA ARNG Armory 753 Alta Vista Rd.

Gainesville, GA 30503

EPA ID: GAR000019026

GA ARNG FMS #7 & Armory

SP4500-12-R-0013 Page #12

18934 US Hwy 301 North Statesboro, GA 30458

EPA ID: GAD4211890005

GA ARNG Armory Hwy 144 East Glennville, GA 30427-0068

EPA ID: GAR000019398

GA ARNG Armory 340 Wilshire Rd.

Rome, GA 30162

EPA ID: GAR000018812

GA ARNG Armory 631 N. Marietta Pkwy Marietta, GA 30060-1528

EPA ID: GAR000018887

GA ARNG Armory 320 Riddleville Rd.

Sandersville, GA 31082-0616

EPA ID: GAR000017608

GA ARNG Armory Frontier Rd. & I-16 Industrial Park Metter, GA 30439-0622

EPA ID: GAR000019414

GA ARNG Armory 1100 N. Ash St.

Springfield, GA 31329

EPA ID: GAR000018804

GA ARNG Armory 167 Hwy 49 W.

Milledgeville, GA 31061

EPA ID: GAR000018879

GA ARNG FMS #12 & Armory 1500 N. Monroe St.

Albany, GA 31702

EPA ID: GAD981224596

GA ARNG FMS #5 & Armory 2505 Victory Dr.

Columbus, GA 31901

EPA ID: GA621189003, GAD211890003

GA ARNG FMS #14 & Armory 905 Telfair St.

Dublin, GA 3104

EPA ID: GAD981224579

475 Shurling Dr.

SP4500-12-R-0013 Page #13

Macon, GA 31208

EPA ID: GAR000018903

GA ARNG FMS #3 & Armory 1248 Eisenhower Dr.

Savannah, GA 31416

EPA ID: GAD981224538

GA ARNG Armory 5019 GA Hwy 42 Ellenwood, GA 30294 EPA ID: None (CESQG) Reserved

Navy Operational Support Center 2869 Central Avenue Augusta, GA 30909

Coast Guard Station – Brunswick 02 Conservation Way Brunswick, GA 31523

US Army Corps of Engineers 4144 Russell Dam Dr.

Elberton GA

EPA ID GA7960031923

Albany Armory & FMS 1500 N. Monroe St.

Albany, GA 31702

GAD981224546

Atlanta CSMS/FMS/USP&FO 936 E. Confederate Ave.

Atlanta, GA 30316-0965

GAD981224553

Clay NGC Bldg 665, 1, & 4 1000 Halsey Ave.

Marietta, GA 30060

GA4170024174

Cumming Armory 429 Canton Hwy Cumming, GA 30040

Eastman Armory 308 Legion St.

Eastman, GA 31023

GAR000019075

Ft. Benning, 82nd Maint & WTC 1726 Spranger St.

Ft. Benning, GA 31905

GA3210020084

SP4500-12-R-0013 Page #14

Hinesville Armory 615 E. Oglethorpe Hwy Hinesville, GA 31313

GAD211890004

Jackson FMS 463 Franklin St Jackson, GA 30233

GAD981224520

LaGrange Armory 205 Young Mill Rd.

LaGrange, GA 30241

GAR000018960

Lorenzo Benn Armory 4525 Bakers Ferry Rd. SW Atlanta, GA 30331

Marietta ACOE Armory 611 South Cobb Dr.

Marietta, GA 30060

GA1210822978

Monroe Armory 436 Washington St.

Monroe, GA 30655

GAR000018861

Terrell T. Reddick National Guard Armory (formally Statesboro) 18934 US Hwy 301 N.

Statesboro, GA 30458

GAD211890005

Thomasville Armory 102 Varnadoe St.

Thomasville, GA 31792

GAR000018788

Winder FMS & AAFS 889 Ronald Wood Rd.

Winder, GA 30680

GAD981224512

SP4500-12-R-0013 Page #15

Form

PID Data - Custom Clause

Insert (copy and paste) text for the PID information here

Part 12 Clauses

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2012) FAR

(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—

(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;

(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.

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(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—

(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

(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.

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(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.

(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.

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 CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -

COMMERCIAL ITEMS (FEB 2012) FAR

(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)).

[ X ] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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(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:

[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., 253g and 10 U.S.C. 2402).

[ X ] (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 (JUN 2010) (Section 1553 of Pub. L. 111-5).

[ ] (4) 52.204-10, Reporting Executive Compensation and First - Tier Subcontract Awards (FEB 2012) (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).

[ X ] (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contactors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C . 610 note ). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the shelf items).

[ ] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2012) (41 U.S.C. 2313).

[ ] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub, L. 110-161).

[ ] (9) 52.219-3, Notice of Total HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a).

[ ] (10) 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).

[ ] (11) [Reserved] [ ] (12)(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) [ ] (13)(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.

[ X ] (14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)).

[ ] (15)(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.

[ X ] (iii) Alternate II (OCT 2001) of 52.219-9.

[ ] (iv) Alternate III (JUL 2010) of 52.219-9.

[ ] (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r )).

[ ] (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

[ ] (18) 52.219-16, Liquidated Damages - Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (19) (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.

[ ] (20) 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).

[ ] (21) 52.219-26, Small Disadvantaged Business Participation Program - Incentive Subcontracting (OCT 2000) (Pub. L. 03-355, section 7102, and 10 U.S.C. 2323).

[ ] (22) 52.219- 27, Notice of Total Service-Disabled Veteran-Owned Small Business Set -Aside (NOV 2011) (15 U.S.C. 657f).

[ X ] (23) 52.219-28, Post Award Small Business Program Representation (APR 2009) (15 U.S.C. 632(a)(2)).

[ ] (24) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns

(NOV 2011).

[ ] (25) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program

(NOV 2011).

[ X ] (26) 52.222-3, Convict Labor (JUNE 2003) (E.O.11755).

[ ] (27) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).

[ X ] (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

[ X ] (29) 52.222-26, Equal Opportunity (MAR 2007) (E.O.11246).

[ X ] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[ X ] (31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010 ) (29 U.S.C. 793).

[ X ] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[ X ] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) .

[ X ] (34) 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.)

SP4500-12-R-0013 Page #19

[ ] (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) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ] (37)(i) 52.223-16, EEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

[ ] (ii) Alternate I (DEC 2007) of 52.223-16.

[ X ] (38) 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

[ ] (39) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[ ] (40)(i) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78,108-286, 109-53 and 109-169).

[ ] (ii) Alternate I (JAN 2004) of 52.225-3.

[ ] (iii) Alternate II (JAN 2004) of 52.225-3.

[ ] (41) 52.225-5, Trade Agreements (NOV 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note) .

[ X ] (42) 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).

[ ] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ] (45) 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)).

[ ] (46) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[ X ] (47) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

[ ] (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

[ ] (49) 52.232-36, Payment by Third Party (FEB 2010 ) (31 U.S.C. 3332).

[ ] (50) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (51)(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.] [ X ] (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

[ X ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ X ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ X ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U .S.C.

351, et seq.).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance Calibration, or Repair of Certain Equipment—Requirements (NOV 2007) (41 351, et s eq.).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[ ] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L.110-247).

[ ] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 2008) (31 U.S.C. 5112(p)(1 )).

(d) Comptroller General Examination of Record. The Contract or 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 Contract or 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 (APR 2010) (Pub. L.110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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 $650,000 ($1.5 million for

SP4500-12-R-0013 Page #20 construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities unities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 965 (NOV 2007) (41 U.S.C. 351, et seq.).

(ix) 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)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (NOV 2007) (41 U .S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L.110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 241(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)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS

APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2012) DFARS

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

[ ] 52.203-3, Gratuities (APR 1984)…