- Attached to
- Disposal of Industrial Waste Property for DLA Disposition Services, Korea (replaced SP4530-12-R-TBD0004)
- Solicitation number
- SP4530-13-R-0001
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000004390
1. REQUISITION NUMBER
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
SP4530-13-R-0001
5. SOLICITATION NUMBER
2012 OCT 26
6. SOLICITATION ISSUE
DATE
Rebecca Kanetani SS90212
a. NAME
Phone: 808-473-4267
b. TELEPHONE NUMBER (No Collect calls)
2012 NOV 27
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY CODE SP4530
DLA DISPOSTION SERVICES - PACIFIC
DLA DISP SVCS J762 SUITE 2000
1025 QUINCY AVENUE
PEARL HARBOR HI 96860-4512
USA
10. THIS ACQUISITION IS
UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
EMERGING SMALL
BUSINESS
8 (A)
SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS
561990NAICS:
12500000SIZE 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
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
28PAGE 1 OF
04:00 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
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)
CONTINUED ON NEXT PAGE
NOTES TO OFFEROR
1. This is a COMMERCIAL solicitation for an award of a firm-fixed price indefinite delivery/indefinite quantity (IDIQ) contract written as performance based. Services are to provide removal, transportation and disposal of industrial waste from various areas serviced by DLA Disposition Services Korea.
2. The contract will allow the Contracting Officer (KO) to make monetary deductions and/or a negative mark on the Contractor’s Past Performance when an Acceptable Performance Level (APL) (Attachment 1) is not met.
3. Offerors are advised to carefully read the Performance Work Statement and all Attachments to this solicitation.
4. It is expected this project will be performed in its entirety in the Republic of Korea. The successful offeror must have all the required prefectural permits, registration and licenses to perform work in the Republic of Korea. Failure to submit such necessary permits and licenses as part of the prospective offeror’s proposal may render the proposal unacceptable. The successful Offeror must be licensed and registered to enter and stay in the Republic of Korea in compliance with local law. The U.S. Government does not provide the contractor with Status of Forces Agreement (SOFA) stamp/letter or logistical support under the resulting contract.
5. This Request for Proposal (RFP) consists of one price schedule per base/option periods. Offerors must furnish prices for the entire price schedule, Attachment 2. NOTE: In the event of a discrepancy in the calculation of the extended amount, the Government will multiply the offeror’s unit price shown by the estimated quantity to ascertain the extended amount proposed. The base period is estimated to begin on April 1, 2013.
6. Offerors must submit their prices in the Republic of Korea local currency (won). Proposals received in currency other than Korea won will be considered non-conforming and unacceptable to the solicitation.
7. Important: Please read the Addendum to FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS carefully as the submission process for past performance information has changed. DLA Disposition Services will not contact offeror’s past performance references to obtain past performance information. Offeror is responsible for requesting references complete the Past Performance Questionnaire and ensuring that the Questionnaire(s) is submitted to DLA Disposition Services by the solicitation closing date.
8. See the ADDENDUM to 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS to this solicitation for proposal format and content requirements. Proposals for this solicitation shall be submitted via electronic media. The email address for receipt of offers is DRMSHazardousContractsHawaii@dla.mil. The deadline for all proposals is on 27 November 2012 at 4:00 p.m. Hawaii Standard Time.
9. In order to submit a complete proposal, offerors shall note that the ADDENDUM TO SOLICITATION SP4530-12-R-0005 is an integral part of the solicitation. Offerors must review these documents and forms.
Follow instructions and complete all required forms.
10. This solicitation does not commit the government to pay any cost incurred in the submission of an offer, in making any necessary studies for the preparation thereof, or for any revision(s) the Contracting Officer may request for the purpose of clarification of the offer.
11. Offerors must submit all questions regarding this solicitation via email to Rebecca Kanetani at rebecca.kanetani@dla.mil. Questions must be submitted no later than November 9, 2012 12:00 p.m. Hawaii Standard Time (HST), so that corresponding Government answers can be issued via solicitation amendment before closing. The government is not obligated to answer questions submitted after this common cut-off date.
PAGE 3 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SP4530-13-R-0001
PERFORMANCE WORK STATEMENT (PWS)
1 – General Requirement 2 – Performance Requirement
2.1 – General
2.2 – Estimated Quantity
2.3 – Scale
2.4 – Disposal Certificate
2.5 – Liabilities
2.6 – Containers
3 – License 4 – Working Schedule 5 – Safety Plan 6 – Quality Assurance 7 – Note for Loading 8 – Performance Time
8.1 – Regular Working Hours
8.2 – U.S. Holidays
8.3 – Korean Holidays
9 – Acceptable Performance Levels 10 – Call Orders
1. General Requirement: The Contractor shall provide supervision, skilled personnel, tools, equipment, transportation, and materials as necessary and perform all work for disposal of the Industrial Waste Property, which includes, but is not limited to, wooden furniture, mattress, resin, fiber canvas, paper, plastics, carpets, and vinyl, for DLA Disposition Services Gimcheon in accordance with this Performance Work Statement and standard industry practices.
2. Performance Requirement:
2.1 General: The Contractor shall pick-up industrial wastes from DLA Disposition Services Gimcheon at Furnishing Branch of Housing Division in Camp Castle (Dongduchon), Furnishing Branch of Housing Division in Camp Market (Yongsan), and Furnishing Branch of Housing Division in Camp Humphreys (Pyongtaek) and dispose of those industrial wastes in accordance with all Republic of Korea Environmental Office Laws and Regulations.
2.2 Estimate Quantity: The estimated quantity of waste for each area is specified in Attachment 3 of this solicitation. The Contractor shall have capability of removing at least one hundred (100) tons per day.
2.3 Scale: The Contractor shall pick up industrial wastes weighed by Camp Market (Yongsan) office and dispose of those wastes. For other areas, the Contractor shall collect the given wastes and transfer those wastes to the nearest weigh-station that has been Registration of Weighing Proof approved and shall obtain weigh-tickets issued by that weigh-station. The weigh-tickets generated by the commercial weigh-station’s scale shall be presented to the Camp Market (Yongsan) office through facsimile/FAX (032-520-6593) or scanned and electronically e-mailed no later than one (1) calendar day after weighing is accomplished.
Originals will be mailed or hand carried to Camp Market (Yongsan) office. A copy of the original weigh-ticket will be maintained by the US Government personnel or Contracting Officer’s Representative (COR). The Contractor shall dispose of the industrial waste after the Contractor receives the weigh-tickets from the commercial weigh-station. Failure to comply with procedures of this contract will be reported to the Contracting Officer within one (1) business day of the infraction.
2.4 Disposal Certificate: After disposal of the industrial wastes, the Contractor shall submit a disposal certificate to the COR within three (3) calendar days, which describes method and location where disposal of Industrial Waste property was accomplished and that all Regulations were met according to Republic of Korea (ROK) Environmental Office Laws and Regulations. The Contractor is responsible for complying with all existing
PAGE 4 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
ROK environmental laws and regulations, including Environmental Governing Standards in USFK Pamphlet 200-1.
The Contractor is also responsible for obtaining appropriate environmental permits required for contract performance. Copies of USFK Pamphlet 200-1 can be obtained from http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/PublicationsRecords/Publications/USFK%20Pa m%20200-1%20Environmental%20Governing%20Standards%20(EGS).pdf.
2.5 Liabilities: The US Government assumes no liabilities for any damage to or loss of the property of the Contractor, the property of any other person or entity, or public properties, or for personal injuries, illness, disabilities, or death of the Contractor, contractor’s employees, and any other person. The Contractor agrees to indemnify, save harmless, and defends the Government from and against any and all liabilities, claims, penalties, forfeitures, suits and the costs and expenses incident thereto (including the costs of defense, settlement and reasonable attorney’s fees), which may arise out of or in connection with Contractor’s performance under this contract.
3. License: The Contractor shall possess “Intermediate Treatment Business Permit” including incineration permit for this requirement as mandated by Korean Environmental Laws (KEL). In accordance with ROK Environmental Office Laws and Regulations, the Contractor shall have its own incineration facility.
4. Working Schedule: Working days/hours for this requirement are from 0800 hours through 1600 hours, Monday through Friday except US and Korean Holidays.
5. Safety Plan: The Contractor shall have an adequate safety plan for its employees for this requirement. The U.S. Government is not responsible for any injury due to lack of Contractor’s safety plan/equipment.
6. Quality Assurance: The Contractor shall be responsible for performing inspections necessary to insure that the services conform to the requirements of the contract. The Government reserves the right to perform any site assessments which are deemed necessary to assure the services conform to the requirements prescribed herein.
7. Note for Loading:
The Contractor shall be responsible for loading the industrial waste to its conveyance at all areas.
Segregation of property, inherent to this contract, may not be performed at the Camp Market (Yongsan) facility.
8. Performance Time:
8.1 All pickups performed under this contract shall be performed during regular working hours (0800 through 1600 hours) Monday to Friday. Pickups on weekends, after hours and on Korean holidays and U.S. holidays shall only be performed with prior Contracting Officer Representative (COR) approval and Contractor concurrence. The specific date and time for removal services shall be established by the COR and the Contractor. The COR will forward the pick-up information to the generator. A government representative will meet the Contractor at the scheduled pick-up site at time agreed upon by the Contractor and COR.
8.2 The U.S. holidays are:
1st of January* 3rd Monday in January 3rd Monday in February Last Monday in May 4th of July* 1st Monday in September 2nd Monday in October 11th of November* 4th Thursday in November 25th of December*
*If this date falls on a Saturday, the preceding day (Friday) is the U.S. holiday. If this date falls on a
PAGE 5 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
Sunday, the following day (Monday) is the U.S. holiday.
8.3 The Korean holidays are:
1st & 2nd of January New Year 31st Dec, 1st & 2nd of January (Lunar)* Lunar New Year 1st of March Independence Movement Day 1st of May Labor Day 8th of April (Lunar Calendar)* Buddha's Birthday 5th of May Children's Day 6th of June Memorial Day 15th of August Liberation Day 14th, 15th and 16th of August (Lunar)* Chusok 3rd of October National Foundation Day 2nd Friday of November Korean Employees Union Foundation Day 25th of December Christmas Day
*Dates may change from year to year.
9. Acceptable Performance Levels. Attachment 1 is the table which provides the level of performance required under this contract, method of surveillance and penalties.
10. Call Orders. The Contracting Officer (KO) may issue funded task orders for extended periods of time that the Government may place orders orally or in writing against. The Order Limitations Clause, FAR 52.216-19 applies to each call order. Only the KO may authorize the task orders. At the beginning of the contract and as needed the contractor will designate who the call orders shall be issued to. The contractor may bill against the funded task order as work is required and completed throughout the contract period.
Under these types of task orders, the contractor will perform work when specifically requested by the Contracting Officer Representative (COR). When oral orders are placed against the funded task order, an estimated quantity of industrial waste will be established between the contractor and COR making the call order. The contractor shall not exceed the call order quantity without prior notification to and approval of the COR. In no case, may the total tons of the funded task order be exceeded without prior notification to and approval of the KO. After performance of the call order, the contractor shall submit documents substantiating the actual quantity received under the call order to the COR. The amount of funds available under the funded task order will decrease by the amount spent on the call order. The contractor shall provide corresponding weight tickets with monthly invoices. Invoicing shall be calculated by multiplying the number of tons disposed of (rounded to the hundredths of a ton) by the unit ton price. The extended price shall be rounded to the nearest hundredth (cents) in dollars.
PAGE 6 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
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.
(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.
PAGE 7 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
(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.
(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.
PAGE 8 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
(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 (AUG 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)).
[ ] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L.108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
PAGE 9 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
[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).
[ ] (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).
[ X ] (4) 52.204-10, Reporting Executive Compensation and First - Tier Subcontract Awards (AUG 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).
[X ] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C.
2313).
[ ] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, 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.
[ ] (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.
[ ] (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).
[ ] (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 Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012).
[ ] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012).
[ ] (26) 52.222-3, Convict Labor (JUNE 2003) (E.O.11755).
[ ] (27) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126).
[ ] (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
[ ] (29) 52.222-26, Equal Opportunity (MAR 2007) (E.O.11246).
[ ] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
[ ] (31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010 ) (29 U.S.C. 793).
[ ] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
[ ] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) .
[ ] (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (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) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
PAGE 10 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
[ ] (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 (MAY 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108- 78,108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).
[ ] (ii) Alternate I (MAR 2012) of 52.225-3.
[ ] (iii) Alternate II (MAR 2012) of 52.225-3.
[ ] (iv) Alternate III (MAR 2012) of 52.225-3.
[ ] (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note) .
[ ] (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)).
[ ] (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.] [ ] (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).
[ ] (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.).
[ ] (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.).
[ ] (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
PAGE 11 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
$650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities 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 (JUL 2012).
(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 (JUL 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.
[ X ] 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).
(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.
(1) [ X ] 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of Pub. L. 110-181).
(2) [ X ] 252.203-7003, Agency Office of the Inspector General (APR 2012) (section 6101 of Pub. L. 110-252, 41 U.S.C.
3509 note).
(3) [ ] 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).
(4) [ ] 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (JUN 2012) (15 U.S.C. 637).
(5) [ ] 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note).
(6)(i) [ ] 252.225-7001, Buy American and Balance of Payments Program (JUN 2012) (41 U.S.C., Chapter 83, E.O.
10582).
(ii)[ ] Alternate I (OCT 2011) of 252.225-7001.
(7) [ ] 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b).
(8) [ ] 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUN 2012) (10 U.S.C.
2533b).
(9) [ ] 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).
(10) [ ] 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a ).
(11) [ ] 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).
(12) [ ] 252.225-7017, Photovoltaic Devices (JUN 2012) (Section 846 of Pub. L. 111-383).
(13) [ ] 252.225-7021, Trade Agreements (JUN 2012) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).
(ii) [ ] Alternate I (JUN 2012) of 252.225-7021.
(iii) [ ] Alternate II (OCT 2011) of 252.225-7021.
(14) [ ] 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).
(15) [ ] 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).
(16)(i) [ ] 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JUN 2012) (41 U.S.C. chapter 83 and 19 U.S.C. 3301 note).
(ii) [ ] Alternate I (JUN 2012) of 252.225-7036
(iii) [ ] Alternate II (JUN 2012) of 252.225-7036.
(iv) [ ] Alternate III (JUN 2012) of 252.225-7036.
(v) [ ] Alternate IV (JUN 2012) of 252.225-7036.
(vi) [ ] Alternate V (JUN 2012) of 252.225-7036.
(17) [ ] 252.225-7038,…
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