SPE601-19-R-0310_RFP.pdf
PDF 4 MB Posted
- Attached to
- LIQUID NITROGEN (LN2) LOCKHEED MARTIN Federal contract opportunity
- Solicitation number
- SPE601-19-R-0310
- Issued by
- Defense Logistics Agency Energy
About this file
REQUEST FOR PROPOSAL SPE601-19-R-0310, WITH ATTACHMENTS
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| SPE601-19-R-0310_0007.pdf | ||
| SPE601-19-R-0310_0006.pdf | ||
| SPE60119R03100005.pdf | ||
| SPE60119R03100004.pdf | ||
| SPE60119R03100003.pdf | ||
| SPE60119R03100002.pdf | ||
| --SPE60119R03100001.pdf |
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Text version
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
0075725515
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER
SPE601-19-R-0310
6. SOLICITATION ISSUE
DATE
2019 JAN 25
a. NAME
Roman Bernal POEFEM8
b. TELEPHONE NUMBER (No Collect calls)
Phone: 210-925-2456
8. OFFER DUE DATE/
LOCAL TIME
2019 FEB 25
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
10:00 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
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 37 PAGES
SPE601-19-R-0310
CONTINUED ON NEXT PAGE
NOTICES TO OFFERORS:
1. This solicitation SPE601-19-R-0310 is a requirement for NSN 9135-00-965-3526 and is for the delivery of Liquid Nitrogen (LN2) f.o.b. destination into customer owned tanks in support of Lockheed Martin Littleton, CO. The requirement includes related ancillary services such as detention, hot fills, tank over-pressure devices, emergency delivery, and installation/removal of telemetry systems. The Contractor shall provide all product, materials, supplies, management, tools, equipment, transportation and labor necessary for the delivery of LN2.
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 52 months from 01 April 2019 to 30 September 2023. The estimated quantity for each year is identified in schedule B, Items 0001 thru 0005 with a total of estimated quantity of 183,144 TNs for ALL years. Award will be made to the Offeror determined to be the Best Value to the Government, price and other factors considered, using the Lowest Price Technically Acceptable Source Selection Process in accordance with FAR 15.101-2.
3. Parties interested in attending the site visit scheduled for 10:00 AM CST on 7 Feb 2019 must submit requests by email addressed to the points of contact (POC) noted in paragraph 10 below by 10:00 AM CST on 31 Jan 2019.
4. As the Government intends to award without discussions, Offerors are advised of the possibility that their proposals may be found unacceptable if exceptions are taken to the solicitation requirements. Clarification of Government requirements should be requested by the Offeror by submitting questions and/or recommended changes not later than 10 calendar days after issuance of the solicitation. All exceptions to the solicitation requirements (including the SOO) and supporting rationale shall be identified as such and consolidated into an overview section of subject volume. An overview section is only required if the Offeror takes exception to any requirement in the solicitation. The overview section will not be included in the page count. Exception(s) to solicitation requirements may require the Government to amend the solicitation to reflect requirement change(s). If the Offeror takes no exception to the stated requirements, a statement to this effect shall be included in the respective volume.
5. Any questions relating to this solicitation and attachments shall be submitted in writing by email addressed to the POCs noted in paragraph 10 below by 10:00 AM CST on 11 Feb 2019. Any questions received after this date may or may not be answered due to time constraints of the solicitation.
6. ALL OFFERORS MUST COMPLY WITH THE REQUIREMENTS LISTED IN ADDENDUM 52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (DEVIATION 2018-O0018) AND ALL OFFERS WILL BE EVALUATED IN ACCORDANCE WITH 52.212-2 -- EVALUATION --
COMMERCIAL ITEMS (OCT 2014) AND IT ADDENDUM.
7. ALL OFFERS MUST BE RECEIVED NLT 25 February 2019 at 10:00AM CST. 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 emailed requests for the solicitation received directly from the requestor are acceptable.
8. The Contracting Officer may request that the DLA Energy Region Quality Assurance Representative (QAR) perform a Preaward 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 than "Full Award," recommendation.
9. 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.
10. Points of Contact for this requirement are: Roman Bernal, Contract Specialist, Roman.Bernal@dla.mil and Stephanie Faulkner, Contracting Officer, Stephanie.Faulkner@dla.mil.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 37 PAGES
SUPPLIES/SERVICES: 9135-00-965-2526
ITEM DESCRIPTION:
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .
0001 9135-00-965-2526 27,570.000 TN $ ________________ $ ________________
PROPELLANT
PRESSURI
QTY VARIANCE: PLUS 10% MINUS 10%
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
LIQUID NITROGEN, TYPE II, GRADE B, IAW MIL-PRF 27401G DATED 7 AUG 2013
F.O.B. DESTINATION LOCKHEED MARTIN LITTLETON, CO
NSN 9135-00-965-2526
PERIOD OF PERFORMANCE: 1 APR 2019 - 30 SEP 2019
PARCEL POST ADDRESS:
SC0600
DLA ENERGY
8725 JOHN J KINGMAN RD STE 4950
FORT BELVOIR VA 22060-6222
US
FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND
CONTRACT
FREIGHT SHIPPING ADDRESS:
SC0600
DLA ENERGY
8725 JOHN J KINGMAN RD STE 4950
0002 9135-00-965-2526 53,528.000 TN $ ________________ $ ________________
PROPELLANT
PRESSURI
QTY VARIANCE: PLUS 10% MINUS 10%
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
LIQUID NITROGEN, TYPE II, GRADE B, IAW MIL-PRF 27401G DATED 7 AUG 2013
F.O.B. DESTINATION LOCKHEED MARTIN LITTLETON, CO
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 37 PAGES
SUPPLY/SERVICE: 9135-00-965-2526 CONT'D
PERIOD OF PERFORMANCE: 1 OCT 2019 - 30 SEP 2020
DLA ENERGY
8725 JOHN J KINGMAN RD STE 4950
FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND
FREIGHT SHIPPING ADDRESS:
SC0600
DLA ENERGY
8725 JOHN J KINGMAN RD STE 4950
0003 9135-00-965-2526 46,155.000 TN $ ________________ $ ________________
PROPELLANT
PRESSURI
QTY VARIANCE: PLUS 10% MINUS 10%
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
LIQUID NITROGEN, TYPE II, GRADE B, IAW MIL-PRF 27401G DATED 7 AUG 2013
F.O.B. DESTINATION LOCKHEED MARTIN LITTLETON, CO
PERIOD OF PERFORMANCE: 1 OCT 2020 - 30 SEP 2021
DLA ENERGY
8725 JOHN J KINGMAN RD STE 4950
FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND
FREIGHT SHIPPING ADDRESS:
SC0600
DLA ENERGY
8725 JOHN J KINGMAN RD STE 4950
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 37 PAGES
0004 9135-00-965-2526 29,842.000 TN $ ________________ $ ________________
PROPELLANT
PRESSURI
QTY VARIANCE: PLUS 10% MINUS 10%
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
LIQUID NITROGEN, TYPE II, GRADE B, IAW MIL-PRF 27401G DATED 7 AUG 2013
F.O.B. DESTINATION LOCKHEED MARTIN LITTLETON, CO
PERIOD OF PERFORMANCE: 1 OCT 2021 - 30 SEP 2022
DLA ENERGY
8725 JOHN J KINGMAN RD STE 4950
FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND
FREIGHT SHIPPING ADDRESS:
SC0600
DLA ENERGY
8725 JOHN J KINGMAN RD STE 4950
0005 9135-00-965-2526 26,049.000 TN $ ________________ $ ________________
PROPELLANT
PRESSURI
QTY VARIANCE: PLUS 10% MINUS 10%
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
LIQUID NITROGEN, TYPE II, GRADE B, IAW MIL-PRF 27401G DATED 7 AUG 2013
F.O.B. DESTINATION LOCKHEED MARTIN LITTLETON, CO
PERIOD OF PERFORMANCE: 1 OCT 2022 - 30 SEP 2023
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 37 PAGES
DLA ENERGY
8725 JOHN J KINGMAN RD STE 4950
FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND
FREIGHT SHIPPING ADDRESS:
SC0600
DLA ENERGY
8725 JOHN J KINGMAN RD STE 4950
GOVT USE
External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .
0001 0075725515 0001 N/A N/A LN9 N/A
0002 0075725515 0002 N/A N/A LN9 N/A
0003 0075725515 0003 N/A N/A LN9 N/A
0004 0075725515 0004 N/A N/A LN9 N/A
0005 0075725515 0005 N/A N/A LN9 N/A
SUPPLIES/SERVICES: V129-V20000226
0006 V129-V20000226 3.000 QH $ ________________ $ ________________
Detention Fee
PREP FOR DELIVERY:
SERVICE, DETENTION COST
IAW F3.10 TRANSPORT TRUCK AND/OR
TRUCK AND TRAILER FREE TIME AND DETENTION RATES
PERIOD OF PERFORMANCE: 04/01/2019 - 09/30/2023
SPE601
DLA ENERGY AEROSPACE ENRGY-DLAE-M
BLDG 1621
1014 BILLY MITCHELL BLVD
SAN ANTONIO TX 78226
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 37 PAGES
SUPPLY/SERVICE: V129-V20000226 CONT'D
DLA ENERGY AEROSPACE ENRGY-DLAE-M
BLDG 1621
1014 BILLY MITCHELL BLVD
ITEM PR PRLI PR PRLI Material Need Ship Date .
0006 0075725515 0006 N/A N/A N/A N/A
SUPPLIES/SERVICES: M1NA-V20000227
0007 M1NA-V20000227 2.000 EA $ ________________ $ ________________
Tank Hot Fill
PREP FOR DELIVERY:
SERVICES, HOT FILLS
IAW SOO PARAGRAPH TITLED “HOT FILLS”
OVER AND ABOVE THE COST FOR PRODUCT CONSUMED
DURING THE COOL-DOWN OF TANK
DLA ENERGY AEROSPACE ENRGY-DLAE-M
BLDG 1621
1014 BILLY MITCHELL BLVD
BLDG 1621
1014 BILLY MITCHELL BLVD
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 37 PAGES
SUPPLY/SERVICE: N052-V20000230 CONT'D
ITEM PR PRLI PR PRLI Material Need Ship Date .
0007 0075725515 0007 N/A N/A N/A N/A
SUPPLIES/SERVICES: N052-V20000230
0008 N052-V20000230 28.000 EA $ ________________ $ ________________
Tank Overpressure Protection
PREP FOR DELIVERY:
SERVICES, TANK OVER-PRESSURE PROTECTION
IAW SOO PARAGRAPH TITLED “TANK OVER-PRESSURE PROTECTION”
DLA ENERGY AEROSPACE ENRGY-DLAE-M
BLDG 1621
1014 BILLY MITCHELL BLVD
BLDG 1621
1014 BILLY MITCHELL BLVD
ITEM PR PRLI PR PRLI Material Need Ship Date .
0008 0075725515 0008 N/A N/A N/A N/A
SUPPLIES/SERVICES: V001-V20000229
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 37 PAGES
SUPPLY/SERVICE: V001-V20000229 CONT'D
0009 V001-V20000229 2.000 EA $ ________________ $ ________________
Expedited/Emergenc y Delivery
PREP FOR DELIVERY:
SERVICES, EMERGENCY DELIVERY
IAW SOO PARAGRAPH TITLED "PRODUCT DELIVERY"
DLA ENERGY AEROSPACE ENRGY-DLAE-M
BLDG 1621
1014 BILLY MITCHELL BLVD
BLDG 1621
1014 BILLY MITCHELL BLVD
ITEM PR PRLI PR PRLI Material Need Ship Date .
0009 0075725515 0009 N/A N/A N/A N/A
SUPPLIES/SERVICES: N068-V20000262
0010 N068-V20000262 1.000 EA $ ________________ $ ________________
Installation/Remov al of Equipment
PREP FOR DELIVERY:
SERVICES, INSTALLATION OF TELEMETRY SYSTEM
NON-RECURRING SERVICES NSN 9135-00-965-2526
PERIOD OF PERFORMANCE: 04/01/2019 - 09/30/2019
DLA ENERGY AEROSPACE ENRGY-DLAE-M
BLDG 1621
1014 BILLY MITCHELL BLVD
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 37 PAGES
SUPPLY/SERVICE: N068-V20000262 CONT'D
BLDG 1621
1014 BILLY MITCHELL BLVD
ITEM PR PRLI PR PRLI Material Need Ship Date .
0010 0075725515 0010 N/A N/A N/A N/A
SUPPLIES/SERVICES: N091-V20000263
0011 N091-V20000263 1.000 EA $ ________________ $ ________________
Installation/Remov al of Equipment
PREP FOR DELIVERY:
SERVICES, REMOVAL OF TELEMETRY SYSTEM
NON-RECURRING SERVICES NSN 9135-00-965-2526
PERIOD OF PERFORMANCE: 10/01/2022 - 09/30/2023
DLA ENERGY AEROSPACE ENRGY-DLAE-M
BLDG 1621
1014 BILLY MITCHELL BLVD
BLDG 1621
1014 BILLY MITCHELL BLVD
ITEM PR PRLI PR PRLI Material Need Ship Date .
0011 0075725515 0011 N/A N/A N/A N/A
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 37 PAGES
SUPPLY/SERVICE: W068-V20000264 CONT'D
SUPPLIES/SERVICES: W068-V20000264
0012 W068-V20000264 52.000 MO $ ________________ $ ________________
Equipment Usage Fee
PREP FOR DELIVERY:
RECURRING SERVICES, TELEMETRY SYSTEM USAGE FEE
NSN 9135-00-965-2526
NOTE: Monthly unit of issue includes all tanks listed in the table under section 9 of the Statement of Objectives.
DLA ENERGY AEROSPACE ENRGY-DLAE-M
BLDG 1621
1014 BILLY MITCHELL BLVD
BLDG 1621
1014 BILLY MITCHELL BLVD
ITEM PR PRLI PR PRLI Material Need Ship Date .
0012 0075725515 0012 N/A N/A N/A N/A
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 37 PAGES
Form
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014), ALT I (SEP 2015) FAR
(Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
(End of Provision)
52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION
STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014) FAR
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)
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
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) FAR
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.
(b) The use in this solicitation of any DoD FAR Supplement (DFARS) (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
(End of Provision)
52.204-22 ALTERNATE LINE ITEM PROPOSAL (JAN 2017) FAR
52.216-1 TYPE OF CONTRACT (APR 1984) FAR
As prescribed in 16.105 , complete and insert the following provision The Government contemplates award of a Firm fixed priced requirements contract contract resulting from this solicitation.
(End of provision)
52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016) DLAD
(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 37 PAGES
Part 12 Clauses (CONTINUED)
CONTINUED ON NEXT PAGE
parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.
(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate.
c) The offeror should check here to opt out of this clause:
[ ] Alternate wording may be negotiated with the contracting officer.
52.233-9000 AGENCY PROTESTS (NOV 2011) DLAD
52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN -
REPRESENTATION AND CERTIFICATION (OCT 2015) FAR
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 (AUG 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 this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate].
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.
C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L.
111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) Reserved.
(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).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
(10) Reserved.
(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
(ii) Alternate I (Nov 2011) of 52.219-3.
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.
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(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.
X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
X (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.
X (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)).
X (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).
X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
X (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.
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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).
(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)).
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(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).
(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.
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(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)
52.202-1 DEFINITIONS (NOV 2013) FAR
52.203-3 GRATUITIES (APR 1984) FAR
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) FAR
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (OCT 2016) DFARS
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) DFARS
252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2016) DFARS
252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS (NOV 2016) DFARS
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) 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
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY
KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) FAR
As prescribed in 4.2004, insert the following clause:
(a) Definitions. As used in this clause -- Covered article means any hardware, software, or service that --
(1) Is developed or provided by a covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a covered entity.
Covered entity means --
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from --
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(1) Providing any covered article that the Government will use on or after October 1, 2018; and
(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:
(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable;
supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
(End of clause)
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS
252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT
INFORMATION (OCT 2016) DFARS
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) DFARS
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) DFARS
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) DFARS
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS - REPRESENTATION (NOV 2015) FAR
As prescribed in 9.108-5(a), insert the following provision:
(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The Offeror represents that-
(1) It [ ] is,[ ] is not an inverted domestic corporation; and
(2) It [ ] is,[ ] is not a subsidiary of an inverted domestic corporation.
(End of provision)
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (MAY 2014) FAR
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) FAR
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY
THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015) 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 0001-0005.* (End of clause)
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR
52.216-21 REQUIREMENTS (OCT 1995) FAR
As prescribed in 16.506(c), insert the following clause:
(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 expiration of contract .
(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 01 April 2019 through 09/30 2023 [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.
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252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)—BASIC (MAR 2016) DFARS
52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS-REPRESENTATION (DEC 2016)
FAR
As prescribed in 23.804(b), insert the following provision:
(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.
(b) Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).]
(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.
(2) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.
(3) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions reporting program.
(c) If the Offeror checked “does” in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported: .
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC (DEC 2016) DFARS
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017) DFARS
252.225-7013 DUTY-FREE ENTRY (MAY 2016) DFARS
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007) FAR
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) FAR
52.232-1 PAYMENTS (APR 1984) FAR
52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) FAR
52.232-17 INTEREST (MAY 2014) FAR
52.232-25 PROMPT PAYMENT (JAN 2017) FAR
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-
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 22 OF 37 PAGES
Part 12 Clauses (CONTINUED)
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“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“…
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