SPE601-18-R-0310_TOBYHANNA_FINAL.pdf
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- Attached to
- LIQUID NITROGEN Federal contract opportunity
- Solicitation number
- SPE601-18-R-0310
- Issued by
- Defense Logistics Agency Energy
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| SPE601-18-F-0310_0002.pdf | ||
| SF30_SPE601-18-R-0310_0001.pdf | ||
| ATTACHMENT_1_DLA_Energy_Aerospace_Provisions.pdf | ||
| ATTACHMENT_3_Contractor_Performance_Data_Sheet.pdf | ||
| ATTACHMENT_4_H-14_TRANSPORT_EQUIPMENT_DELAY_CERT.pdf | ||
| ATTACHMENT_2_Quality_Assurance_Provisions.pdf |
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
0073858138
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER
SPE601-18-R-0310
6. SOLICITATION ISSUE
DATE
2018 JUL 06
a. NAME
Sibrena Nixon-Perez POEFEMK
b. TELEPHONE NUMBER (No Collect calls)
Phone: 210-925-5956
8. OFFER DUE DATE/
LOCAL TIME
2018 AUG 06
9. ISSUED BY CODE SPE601
DLA ENERGY AEROSPACE ENRGY-DLAE-M
BLDG 1621
1014 BILLY MITCHELL BLVD
SAN ANTONIO TX 78226
USA
10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
8 (A)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
NAICS: 325120
SIZE 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
09:00 AM
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE ADDENDUM
EDWOSB
1000 employees
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. 2/2012) 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)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 30 PAGES
SPE601-18-R-0310
CONTINUED ON NEXT PAGE
NOTICES TO OFFERORS:
1. This solicitation is for: LIQUID NITROGEN (NSN 6830-01-666-3681) Type II, Grade L, Compressed Gas Association Specification (CGA) G-10.1-2016 (product) Detention Fee (service), Installation / Removal of Equipment (service), and Tank Usage Fee (service) Delivery f.o.b destination for Tobyhanna Army Depot Tobyhanna, PA.
2. The Government intends to award one (1) Firm-Fixed Price Requirements type contract using Federal Acquisition Regulation (FAR) Part 12, Commercial Acquisition procedures. The Period of Performance will be two base years with three
(1) year options; base years from 01 October 2018 to 30 September 2020; 30 September 2023 if option years are exercised.
The quantity for each year is 20 TN with a total of 100 TN for base plus option years. Award will be made to the Offeror determined to be the Best Value to the Government, price and other factors considered, using the Best Value Source Selection Process. Specifically, the Lowest Price Technically Acceptable Source Selection Process will be utilized in accordance with FAR 15.101-2.
3. Parties interested in a site visit should submit request NLT 13 July 2018 09:00AM CST.
4. The clauses and provisions shown throughout this solicitation and any resultant contract that have only the clause/ provision number, title, and date, and as such, are not shown in full text, are hereby considered to be incorporated by reference in accordance with FAR 52.252-1, SOLICITATION PROVISIONS INCORPORATED BY REFERENE OR FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE, as applicable.
5. ALL OFFEORS MUST COMPLY WITH THE REQUIREMENTS LISTED IN INSTRUCTION L0003 L2.35, PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DLA ENERGY JAN 2012), AND ALL OFFERS WILL BE EVALUATED IN ACCORDANCE WITH INSTRUCTION M0001 M2.14, EVALUATION- COMMERCIAL ITEMS (AEROSPACE ENERGY) (DLA ENERGY AUG 2009).
6. All responsible sources may submit a proposal, which will be considered by the agency. If you intend to submit an offer, you are required to complete, sign and return the entire solicitation package and be registered in SAM at www.
SAM.gov. Only written or emailed requests for solicitation received directly from the requestor are acceptable. Mail requests to Defense Logistics Agency Energy, Aerospace Energy, 1014 Billy Mitchell Blvd, Bldg. 1621, San Antonio, TX 78226-1849. ATTN: Sibrena Nixon - Perez or Maria Ng. Potential offerors should contact the Contracting Officer and Contract Specialist identified above at maria.ng@dla.mil and sibrena.nixonperez@dla.mil, for additional information and/ or to communicate concerns. All responsible sources may submit a proposal, which will be considered by the agency. ALL
OFFERS MUST BE RECEIVED NLT 6 AUG 2018 9:00AM CST.
7. The Contracting Officer may request that the DLA Energy Region Quality Assurance Representative (QAR) perform a Pre-award Survey (PAS) in accordance with FAR Part 9. 106-1. If requested, the offeror and its employees, including those at the fill point and /or production facility, shall be required to participate fully in the PAS process. The DLA Energy Contracting Officer will discuss any recommendation by the QAR as a result of the PAS that is other then "Full Award," recommendation.
8. NOTE* PRODUCT SPECIFICATIONS AND TESTING REQUIREMENTS:
LN2 (NSN 6830-01-666-3681) shall meet the requirements of Type II, Grade L, Compressed Gas Association Specification (CGA) G-10.1-2016. The commodity specification is available from the CGA website at www.cganet.com.
9. OPTION YEARS THREE THROUGH FIVE OF ITEM ONE WILL BE UTILIZED IF EXERCISED IN ACCORDANCE WITH FAR 52.217-7 OPTION FOR
INCREASED QUANTITY SEPARATELY PRICED LINE ITEM (MAR 1989).
10. For questions regarding Small Business or Small Disadvantage Business affairs should be addressed to Mr. Greg Thevenin of the DLA Energy Small Business Office at 1-800-526-2601 or 703-767-9400.
11. The address for overnight delivery of proposals resulting from this solicitation is as follows: Defense Logistics Agency-Energy Aerospace Energy-FEM Attn: Sibrena Nixon-Perez 1014 Billy Mitchell Blvd Bldg. 1621 San Antonio, TX 78226-1859
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 30 PAGES
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Quality Technical Provisions
NITROGEN,LIQUID,IND,LN8,9.1K
6830-016663681
PR #: 0073858138
IAW BASIC QAP 52838 ENERGY-QAP-E22
REVISION NR A DTD 07/01/2013
PART PIECE NUMBER:
IAW REFERENCE NON GOVT STD AWSA5.32M
REVISION NR DTD 01/11/2011
PART PIECE NUMBER:
IAW REFERENCE QAP 52838 ENERGY-QAP-E1.15
REVISION NR A DTD 09/01/2013
PART PIECE NUMBER:
IAW REFERENCE QAP 52838 ENERGY-QAP-E33.10
REVISION NR A DTD 07/01/2008
PART PIECE NUMBER:
IAW REFERENCE QAP 52838 ENERGY-QAP-E6
REVISION NR A DTD 08/01/2015
PART PIECE NUMBER:
NITROGEN,LIQUID,IND
Quality Technical Provisions Tank Usage Fee,V200,9.1K
6830-SE0000171
PR #: 0073858138
Quality Technical Provisions Installation of Equipment,V200,9.1K
6830-SE0000174
PR #: 0073858138
Quality Technical Provisions Removal of Equipment,V200,9.1K
6830-SE0000175
PR #: 0073858138
Quality Technical Provisions Detention Fee,V200,9.1K
6830-SE0000178
PR #: 0073858138
PR #: 0073858138
Item: 0001 Quantity: 100UoM: TN Period of Performance: 10/01/2018-09/30/2023
Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
6830-016663681 (LN8) CDSTOBYH4A - TOBYHANNA ARMY DEPOT BLDG PA
NITROGEN,LIQUID,IND
Delivery Address: BLDG 4A 11 HAP ARNOLD BLVD TOBYHANNA PA 18466-5079
Service Code Delivery DODAAC Ordering Office DODAAC
ARMY W25G1V W25G1V
Mode Receipt % Max Parcel Min Parcel FOB Restriction
TANK TRUCK
No. of Tanks Capacity Type Tank Location
1 3000 TANKS BLDG 4A/ CONTRACTOR PROVIDED
Delivery Hours: 24 HOURS A DAY, 7 DAYS A WEEK
Delivery Notes: Deliver to the point of use at Bldg 4A within 48 hours of telemetry notification.
Telemetry system notification to the Contractor for refill of LN2 at Bldg 4A shall be made when the LN2 tank storage level reaches 20% of tank capacity. No emergency or expedited deliveries are anticipated.
Delivery Ticket Notes: PRODUCT SPECIFICATIONS AND TESTING REQUIREMENTS:
LN2 (NSN 6830-01-666-3681) shall meet the requirements of Type II, Grade L, Compressed Gas Association Specification (CGA) G-10.1-2016. The commodity specification is available from the CGA web site at www.cganet.com.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 30 PAGES
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In addition to the reports required elsewhere within this contract, one copy of a Certificate of Analysis for each sample required by the specification shall be submitted as an attachment to the applicable Invoice, Receipt, Acceptance, and Property Transfer (iRAPT) Combo document.
INSPECTION AND ACCEPTANCE: Inspection for quality shall be performed at origin. Quantity determination and acceptance shall be at destination.
QUANTITY DETERMINATION:Quantity of product delivered per shipment shall be measured by truck mounted calibrated flow meter. Contractor must obtain Government POC signature of delivered quantity on invoice at time of delivery.
SECURITY REQUIREMENTS: All Contractor personnel includingsub-contractors working under this contract shall complete and submit to the Security Office a Tobyhanna Army Depot local form 648-C within 7 working days prior to requiring access to allow sufficient time to process the required security information. No Contractor or subcontractor personnel will be permitted access to Tobyhanna Army Depot unless prior written approval is received from the Security Office.
Year 1: 10/01/2018 – 09/30/2019 Estimated Qty 20 TN Unit Price ________ Extended Total _________
Year 2: 10/01/2019 – 09/30/2020 Estimated Qty 20 TN Unit Price ________ Extended Total _________
Year 3: 10/01/2020 – 09/30/2021 ---- Option Year 1 Estimated Qty 20 TN Unit Price ________ Extended Total _________
Year 4: 10/01/2021 – 09/30/2022 ---- Option Year 2 Estimated Qty 20 TN Unit Price ________ Extended Total _________
Year 5: 10/01/2022 – 09/30/2023 ---- Option Year 3 Estimated Qty 20 TN Unit Price ________ Extended Total _________
Item: 0002 Quantity: 2UoM: EA Period of Performance: 10/01/2018-09/30/2023
Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
6830-SE0000178 (V200) CDSTOBYH4A - TOBYHANNA ARMY DEPOT BLDG PA
Detention Fee
Delivery Address: BLDG 4A 11 HAP ARNOLD BLVD TOBYHANNA PA 18466-5079
Service Code Delivery DODAAC Ordering Office DODAAC
ARMY W25G1V W25G1V
Mode Receipt % Max Parcel Min Parcel FOB Restriction
SERVICE MATERIALS
Delivery Notes: Fee for detention beyond the free time allotted
Year 1 - 5: 10/01/2018 – 09/30/2023 Estimated Qty 2 EA Unit Price ________ Extended Total _________
Item: 0003 Quantity: 1UoM: EA Period of Performance: 10/01/2018-09/30/2019
Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
6830-SE0000174 (V200) CDSTOBYH4A - TOBYHANNA ARMY DEPOT BLDG PA
Installation of Equipment
Delivery Address: BLDG 4A 11 HAP ARNOLD BLVD TOBYHANNA PA 18466-5079
Service Code Delivery DODAAC Ordering Office DODAAC
ARMY W25G1V W25G1V
Mode Receipt %Max Parcel Min Parcel FOB Restriction
SERVICE MATERIALS
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Delivery Ticket Notes: INSTALLATION OF CONTRACTOR-PROVIDED TANKS AND EQUIPMENT:
Contractor shall install their Contractor-provided tanks, solar powered telemetry (with battery backup) vaporizers, and all parts necessary to connect to the line delivery network no later than 30 calendar days from start of contract performance.Contractor-provided tanks may be chilled through initial deliveries, but initial deliveries into Contractor-provided tanks shall not qualify as a Hot Fill service. The Contractor shall connect their installed system to the Government-supplied piping outlet which runs to the point of use.Contractor will be responsible for using connectors that are compatible.
The Contractor shall use onlyelectric or battery-powered equipment inside all Government buildings.
The Contractor will coordinate with the current supplier to effect removal of current equipment and installation of new equipment or to change out existing system or tanks to eliminate any delay in supply of product. Contractor is responsible for providing interim support while tanks are being changed.Contractor may perform all system installation and maintenance work during normal working hours of Monday-Thursday, 7:00 am to 4:00 pm..
Period of Performance: 10/01/2018 – 09/30/2019 Estimated Qty 1 EA Unit Price ________ Extended Total _________
Item: 0004 Quantity: 1UoM: EA Period of Performance: 10/01/2018-09/30/2023
Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
6830-SE0000175 (V200) CDSTOBYH4A - TOBYHANNA ARMY DEPOT BLDG PA
Removal of Equipment
Delivery Address: BLDG 4A 11 HAP ARNOLD BLVD TOBYHANNA PA 18466-5079
Service CodeDelivery DODAAC Ordering Office DODAAC
ARMY W25G1V W25G1V
Mode Receipt % Max Parcel Min Parcel FOB Restriction
SERVICE MATERIALS
Period of Performance: 10/01/2018 – 09/30/2023 Estimated Qty 1 EA Unit Price ________ Extended Total _________
Item: 0005 Quantity: 60UoM: EA Period of Performance: 10/01/2018-09/30/2023
Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
6830-SE0000171 (V200) CDSTOBYH4A - TOBYHANNA ARMY DEPOT BLDG PA
Tank Usage Fee
Delivery Address: BLDG 4A 11 HAP ARNOLD BLVD TOBYHANNA PA 18466-5079
Service Code Delivery DODAAC Ordering Office DODAAC
ARMY W25G1V W25G1V
Mode Receipt % Max Parcel Min Parcel FOB Restriction
SERVICE MATERIALS
Delivery Hours: 24 HOURS A DAY, 7 DAYS A WEEK
Delivery Ticket Notes:The Contractor shall provide a storage tank for the LN2 equipped with solar powered telemetry (with battery backup), vaporizers, and all parts necessary to connect to the line delivery network. The telemetry provided by the Contractor at Bldg. 4A shall be used bythe Contractor to monitor the LN2 inventory levels and assure that 100% of the time tank inventories stay above the refill point. Each Contractor provided tank shall have a quantity gauge that can be read by Tobyhanna personnel. The Contractor shall supply all equipment needed to deliver both LN2 and gaseous nitrogen (GN2) to the point of use with a vacuum jacketed line run for the LN2 service and a separate line run for the GN2.The Contractor installed equipment shall be capable of supporting LN2 use of 5 gallons per minute at 50 psi and GN2 use of 150 scf per hour at 50 psi.Estimated annual GN2 usage will be 65,000 scf.
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Tank Size indicated above isincluded for notional purposes only.The contractor shall size the tank to limit refill deliveries to once every 14 days on average,and to fit within the existing cement pad.The pad is 9 feet by 15 feet in area and is 12 inches thick.
The telemetry unit shall reliably monitor tank inventory levels and transmit product quantity data to the Supplier.
The telemetry unit shall reliably monitor and transmit tank status regarding tank safety limits of current product pressure and temperature.
The telemetry system shall be continuously monitored by the supplier who will trigger automatic refills of product when the liquid tank levels reach 20% of capacity.
Accessibility: As part of the auto-fill telemetry system, the Contractor shall provide an internet (Web) based application accessible by Government POC which provides the tank telemetry data.
The Contractor shall submit an invoice for no more or less than thetotal delivered quantity, and each invoice submitted for automatic fill-up deliveries shall be accompanied by a record of the quantity delivered into the tank.
The Contractor provided tanks/equipment shall be maintained by the Contractor in accordance with industry standards.The Contractor shall perform all inspections and maintenance of Contractor-provided tanks/equipment to assure system provides safe and uninterrupted support.The Contractor shall provide a contact number for emergency repairs of Contractor-provided tanks/equipment and shall have this contact number placarded in easily visible locations near the bulk system.
Year 1: 10/01/2018 – 09/30/2019 Estimated Qty 12 EA Unit Price ________ Extended Total _________
Year 2: 10/01/2019 – 09/30/2020 Estimated Qty 12 EA Unit Price ________ Extended Total _________
Year 3: 10/01/2020 – 09/30/2021 ---- Option Year 1 Estimated Qty 12 EA Unit Price ________ Extended Total _________
Year 4: 10/01/2021 – 09/30/2022 ---- Option Year 2 Estimated Qty 12 EA Unit Price ________ Extended Total _________
Year 5: 10/01/2022 – 09/30/2023 ---- Option Year 3 Estimated Qty 12 EA Unit Price ________ Extended Total _________
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Form
TECHNICAL REQUIREMENTS
THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE
WEB AT:
http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-
ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.
Part 12 Clauses
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) - FAR
As prescribed in 52.107(a), insert the following provision:
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
FAR: https://www.acquisition.gov/?q=browsefar
DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx
(End of provision)
52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN -
REPRESENTATION AND CERTIFICATION (OCT 2015) FAR
252.213-7000 NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF PAST PEFORMANCE INFORMATION RETRIEVAL SYSTEM—
STATISTICAL REPORTING IN PAST PERFORMANCE EVALUATIONS (JUN 2015) DFARS
52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) FAR
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL
ITEMS (JAN 2018) FAR
As prescribed in 12.301(b)(4), insert the following clause:
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 30 PAGES
Part 12 Clauses (CONTINUED)
CONTINUED ON NEXT PAGE
this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate].
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C.
2402).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L.
111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) Reserved.
(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
(10) Reserved.
(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
(ii) Alternate I (Nov 2011) of 52.219-3.
X (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(ii) Alternate I (Jan 2011) of 52.219-4.
(13) Reserved (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
(ii) Alternate I (Nov 2011).
(iii) Alternate II (Nov 2011).
(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
(17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Nov 2016) of 52.219-9.
(iii) Alternate II (Nov 2016) of 52.219-9.
(iv) Alternate III (Nov 2016) of 52.219-9.
(v) Alternate IV (Nov 2016) of 52.219-9.
(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
(20) 52.219-16, Liquidated Damages --Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns
(Dec 2015) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-
Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (26) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
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X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
(33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA -Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).
(Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
(38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Oct 2015) of 52.223-13.
(39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
(41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-16.
X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).
(45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(ii) Alternate I (JAN 2017) of 52.224-3.
(46) 52.225-1, Buy American --Supplies (May 2014) (41 U.S.C. chapter 83).
(47)(i) 52.225-3, Buy American --Free Trade Agreements --Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.
C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
(ii) Alternate I (May 2014) of 52.225-3.
(iii) Alternate II (May 2014) of 52.225-3.
(iv) Alternate III (May 2014) of 52.225-3.
(48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (49) 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).
(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the
National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (55) 52.232-33, Payment by Electronic Funds Transfer --System for Award Management (Jul 2013) (31 U.S.C. 3332).
(56) 52.232-34, Payment by Electronic Funds Transfer --Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).
(60)(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).
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(ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
Contracting Officer check as appropriate.
(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May
2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of
Certain Equipment --Requirements (May 2014) (41 U.S.C. chapter 67).
(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services --Requirements (May
2014) (41 U.S.C. chapter 67).
(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
(11) 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 Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause --
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
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(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(x) 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.
(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xviii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL
ITEMS (JAN 2018), ALT I (FEB 2000) FAR
As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to --
(i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than --
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause --
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L.
111-5).
(C) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
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(D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(E) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(F) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(H) 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.
(I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(J) [ ] 1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).
[ ] (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(K) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment --Requirements (May 2014) (41 U.S.C. chapter 67).
(L) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services --Requirements (May 2014) (41 U.S.C. chapter 67).
(M) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).
(N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(O) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(P)(1)52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(2)Alternate I (Jan 2017) of 52.224-3.
(Q) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note)
(R) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(S) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)
FAR
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016) FAR
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) FAR
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) FAR
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) FAR
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS
252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS
252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT
INFORMATION (OCT 2016) DFARS
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) DFARS
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) DFARS
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52.211-16 VARIATION IN QUANTITY (APR 1984) FAR
As prescribed in 11.703(a), insert the following clause:
(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.
(b) The permissible variation shall be limited to:
10 Percent increase [Contracting Officer insert percentage]
10 Percent decrease [Contracting Officer insert percentage]
This increase or decrease shall apply to CLIN 0001.*
(End of clause)
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR
52.216-21 REQUIREMENTS (OCT 1995) FAR
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 DAYS AFTER CONTRACT EXPIRATION.
(End of Clause)
252.216-7006 ORDERING (MAY 2011) DFARS
As prescribed in 216.506(a), use the following clause:
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from DATE OF AWARD through 30 September
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[insert dates].
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) (1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued”when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
(End of clause)
52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM (MAR 1989) FAR The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of clause)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2016) DFARS
252.225-7036 BUY AMERICAN - FREE TRADE AGREEMENTS - BALANCE OF PAYMENTS PROGRAM (DEC 2016), ALT I (DEC
2016) DFARS
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) DFARS
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) DFARS
As prescribed in 232.7004(b), use the following clause:
(a) Definitions. As used in this clause-
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
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(1) Document type. The Contractor shall use the following document type(s).
(Contracting Officer: Insert applicable document type(s).
Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in
WAWF
Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC
Inspect By DoDAAC Ship To Code
Ship…
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