SPRWA117R0057.pdf
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AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 J
1. REQUISITION NUMBER
FD20601700033
5. SOLICITATION NUMBER
SPRWA1-17-R-0057
6. SOLICITATION ISSUE DATE
b. TELEPHONE NUMBER (No collect calls)
(478 ) 222 -1885 ext.
2. CONTRACT NO.
7. FOR SOLICITATION
INFORMATION CALL
3. AWARD/EFFECTIVE DATE
4. ORDER NUMBER
a. NAME
Wilma J. Felton
8. OFFER DUE DATE/LOCAL
TIME
15SEP2017 4:00PM
12. DISCOUNT TERMS
11. DELIVERY FOR FOB DEST.
UNLESS BLOCK IS MARKED
SEE SCHEDULE
10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE: % FOR:
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS
HUBZONE SMALL (WOSB)ELIGIBLE UNDER THE WOMEN-OWNED
BUSINESS SMALL BUSINESS PROGRAM
NAICS CODE:
SERVICE-DISABLED EDWOSB 336413
VETERAN-OWNED SIZE STANDARD
SMALL BUSINESS 8 (A) 1250 :
13a. THIS CONTRACT IS A
RATED ORDER
UNDER DPAS
(15 CFR 700)
13b. RATING
DO: A1 52.211-14, 52.211-15
14. METHOD OF SOLICITATION
RFQ IFB RFP
9. ISSUED BY CODE
DLA AVIATION, DLR PROCUREMENT OPERATIONS (AW)
235 BYRON ST STE 19A
ROBINS AFB GA 31098-1813
BUYER: Wilma J. Felton Wilma.Felton@robins.af.mil Phone: (478) 222- 1885 Fax: (478) 222-1854 No Collect Calls
15. DELIVER TO CODE
SEE LINE ITEM SCHEDULE
16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR FACILITY
CODE CODE
18a. PAYMENT WILL BE MADE BY CODE
(SEE ESP CLAUSE 252.232-7003.)
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. SEE ELECTRONIC SUBMISSION OF PAYMENT REQUESTS, CLAUSE 252.232-7003.
SPRWA1
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
ROUTINE
Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 90 days.
(Attach Additional Sheets as Necessary)
26. AWARD AMOUNT (For Gov’t 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 1 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 HEREIN.
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
X X
X X
X
X
25. ACCOUNTING AND APPROPRIATION DATA SEE FUNDS SCHEDULE
X
SCD:B
EFT:T
Total
STANDARD FORM 1449 (REV. 2/2012) BACK
COMPUTER GENERATED 8/15/2017, 9:32 AM
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
32c. DATE
41c. DATE
33. SHIP NUMBER 34. VOUCHER NUMBER
35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER36. PAYMENT
COMPLETE PARTIAL FINAL
38. S/R ACCOUNT NUMBER
39. S/R VOUCHER NUMBER
40. PAID BY
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC’D (YY/MM/DD)
42d. TOTAL CONTAINERS
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY 22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Attach Additional Sheets as Necessary)
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SUPPLIES OR SERVICES AND PRICES/COSTS
This is an Indefinite Delivery Indefinite Quantity (IDIQ) type contract with Five (12‐Month) Ordering
Periods. Options are NOT being utilized in this contract.
CLIN Ordering Period Ordering Time Frames
0001 Ordering Period I Date of Award Through 12 Months
1001 Ordering Period II 12 Months Immediately Following OP I
2001 Ordering Period III 12 Months Immediately Following OP II
3001 Ordering Period IV 12 Months Immediately Following OP III
4001 Ordering Period V 12 Months Immediately Following OP IV
NOTE 1: For the purpose of Paragraph (b) of FAR 52.216‐22, Indefinite Quantity, the contractual
'minimum' is $50,000.00 or a quantity of 1 each. The total obligations against the contract shall not exceed the cumulative value of $4,115,330.03. The contractual minimum shall be satisfied by the issuance of the first Delivery Order.
NOTE 2: the schedule contains various quantity ranges. The contractor is encouraged to provide economic price breaks that are considered advantageous to both the contractor and the Government
IAW FAR 52.207‐4.
NOTE 3: Because the Rescue Hoist is considered to be a commercial item in accordance with FAR Part
12, the offeror is hereby instructed to submit with the proposal commercial catalogs, a list of previous contractor sales to other than Government Agencies including invoices and/or proof that the rescue hoist has been offered for sale to other than Government Agencies.
NOTE 4: A subcontracting plan is required to be submitted along with the contractor's proposal.
Rescue Hoist
Item No.
Firm Fixed Price From
Quantity U/I To Quantity U/I Unit Price
1 EA 5 EA
CLIN ACRN ACRN Total
0001 AA
NSN: 1730-01-474-1646 GA
HOIST,INTERNAL,RESC
Manufacturer Part Number
3HRL4 42305-3
Associated Document(s) Line Item(s)
FD20601700033 0001
Priority: R ROUTINE
Inspection: Origin Acceptance: Origin
Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
Title Number Date Tailoring
ISO 9001-2008 2008
Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A SW3119 ORIGIN
Class I ODS Substance Application/Use Quantity
NONE
Type / Ship To PACRN Mark For
A SW3119 PAA FLB RIC
Type / Ship To Quantity (U/I) *ARO Each
Individual Order _ Req No / Pri
Required Delivery
A SW3119 1 EA
*180 Calendar Days
Proposed
Note 1: Early delivery is acceptable at no additional cost to the Government.
Note 2: The applicable TAC for this requirement is "FRS6." Transportation instructions shall be in accordance with the attached DD Form 1653, 'Transportation Data' dated 23 Feb 2017.
Note 3: Packaging shall be in accordance with the attached AFMC Form 158, 'Packaging Requirements' dated 13 Oct 2016.
Quantity
1001 AA
NSN: 1730-01-474-1646 GA
HOIST,INTERNAL,RESC
Manufacturer Part Number
3HRL4 42305-3
Associated Document(s) Line Item(s)
Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
NONE
Type / Ship To PACRN Mark For
A SW3119 PAA FLB RIC
Type / Ship To Quantity (U/I) *ARO Each
Individual Order _ Req No / Pri
*180 Calendar Days accordance with the attached DD Form 1653, 'Transportation Data' dated 23 Feb 2017.
Quantity
2001 AA
NSN: 1730-01-474-1646 GA
HOIST,INTERNAL,RESC
Manufacturer Part Number
3HRL4 42305-3
Associated Document(s) Line Item(s)
Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
NONE
Type / Ship To PACRN Mark For
A SW3119 PAA FLB RIC
Type / Ship To Quantity (U/I) *ARO Each
Individual Order _ Req No / Pri
*180 Calendar Days accordance with the attached DD Form 1653, 'Transportation Data' dated 23 Feb 2017.
Quantity
3001 AA
NSN: 1730-01-474-1646 GA
HOIST,INTERNAL,RESC
Manufacturer Part Number
3HRL4 42305-3
Associated Document(s) Line Item(s)
Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
NONE
Type / Ship To PACRN Mark For
A SW3119 PAA FLB RIC
Type / Ship To Quantity (U/I) *ARO Each
Individual Order _ Req No / Pri
*180 Calendar Days accordance with the attached DD Form 1653, 'Transportation Data' dated 23 Feb 2017.
Quantity
4001 AA
NSN: 1730-01-474-1646 GA
HOIST,INTERNAL,RESC
Manufacturer Part Number
3HRL4 42305-3
Associated Document(s) Line Item(s)
Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
NONE
Type / Ship To PACRN Mark For
A SW3119 PAA FLB RIC
Type / Ship To Quantity (U/I) *ARO Each
Individual Order _ Req No / Pri
*180 Calendar Days accordance with the attached DD Form 1653, 'Transportation Data' dated 23 Feb 2017.
SHIP TO / PLACE OF PERFORMANCE
TYPE/CODE: A SW3119
DLA DISTRIBUTION WARNER ROBINS
455 BYRON STREET BLDG 376
455 BYRON STREET BLDG 376
ROBINS A F B GA 31098-1887
ROBINS A F B GA 31098-1887 GA 31098-1887
USA
MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
CONTRACT CLAUSES
IA‐21D
252.203‐7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)
(IAW DFARS 203.171‐4(a), DFARS 212.301(f)(ii))
IA-40
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS
(DEC 1991)
(IAW DFARS 205.470, DFARS 212.301(f)(x))
IA-103
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)
(IAW DFARS 211.274-6(a)(1), DFARS 212.301(f)(xii))
(a) Definitions. As used in this clause—
“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid/equivalents.html .
“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html .
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:
Contract Line, Subline, or Exhibit Line Item Number
Item Description
See Schedule as Applicable
(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
Contract Line, Subline, or Exhibit Line Item Number
Item Description
*Items less than $5000, which require UID, will be specifically identified in the schedule.
See Schedule as Applicable
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number _____( or See Schedule as Applicable).
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number _____( or See Schedule as Applicable).
(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/ .
(2) Embedded items shall be reported by one of the following methods—
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number ______, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
IA-118
252.211-7006 PASSIVE RADIO FREQUENCY IDENTIFICATION (JUN 2016)
(IAW DFARS 211.275-3, DFARS 212.301(f)(xiii))
(b) (1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive RFID tags, at the case-and palletized- unit-load packaging levels, for shipments of items that—
(i) Are in any of the following classes of supply, as defined in DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, AP1.1.11:
(A) Subclass of Class I—Packaged operational rations.
(B) Class II—Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment.
(C) Class IIIP—Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives.
(D) Class IV—Construction and barrier materials.
(E) Class VI—Personal demand items (non-military sales items).
(F) Subclass of Class VIII—Medical materials (excluding pharmaceuticals, biologicals, and reagents—suppliers should limit the mixing of excluded and non-excluded materials).
(G) Class IX—Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts; and
(ii) Are being shipped to one of the locations listed at http://www.acq.osd.mil/log/sci/RFID_ship-to-locations.html.or to—
(A) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1, or to--
(B) The following location(s) deemed necessary by the requiring activity:
Contract line, subline, or exhibit line item number
Location name City State DoDAAC
I-000
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)
(IAW FAR 12.301(b)(4))
(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 (Sep 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 (Jun 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).
__ __ (11) (ii) Alternate I (Nov 2011) of 52.219-3.
__ __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
__ _ (12) (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).
__ __ (14) (ii) Alternate I (Nov 2011).
__ __ (14) (iii) Alternate II (Nov 2011).
__ __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C.
644).
__ __ (15) (ii) Alternate I (Oct 1995) of 52.219-7.
__ __ (15) (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)).
__ __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C.
637(d)(4)). (In accordance with DPAP Memo dated 15 Aug 2016, DAR Tracking Number 2016-O0009, Class Deviation—Subcontract Reporting, this clause and any applicable alternates are replaced with DFARS Deviation(s) dated Aug 2016, listed below when applicable.
Effective until incorporated into the FAR or DFARS or until rescinded.)
__ __ (17) (ii) Alternate I (Nov 2016) of 52.219-9.
__ __ (17) (iii) Alternate II (Nov 2016) of 52.219-9.
__ __ (17) (iv) Alternate III (Nov 2016) of 52.219-9.
____ (17) (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—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
__ __ (21) 52.219-27, Notice of Total 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) (1 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)).
__ __ (25) 52.222-3, Convict Labor (June 2003)(E.O. 11755).
__X __ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016)
(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).
__ __ (33) (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). (E. O. 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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016).
(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
_____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (October 2016).
__ __ (37) (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.)
__ _ (37) (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.)
__X __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June 2016) (E.O. 13693).
__ __ (39) 52.223-12, Maintenance, Service, repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016) (E.O.13693).
__ _ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ _ (40) (ii) Alternate I (Oct 2015) of 52.223-13.
__ _ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s
13423 and 13514).
__ _ (41) (ii) Alternate I (Jun 2014) of 52.223-14.
__ __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007)
(42.U.S.C. 8259b).
__ __ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products
(Oct 2015) (E.O.s 13423 and 13514).
__ _ (43) (ii) Alternate I (Oct 2015) of 52.223-16.
__X __ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While
Driving (Aug 2011) (E.O.13513).
__X __ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) __X __ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__X __ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (47) (ii) Alternate I, (Jan 2017) of 52.244-3.
__ __ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
__ __ (49) (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).
__ _ (49) (ii) Alternate I (May 2014) of 52.225-3.
__ _ (49) (iii) Alternate II (May 2014) of 52.225-3.
__ _ (49) (iv) Alternate III (May 2014) of 52.225-3.
__ __ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
__X __ (51) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).
__ __ (52) 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).
__ __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C.
5150).
__ __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).
__ __ (55) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ __ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C.
4505, 10 U.S.C. 2307(f)).
__X __ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)(31.U.S.C. 3332).
__ __ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013)(31.U.S.C. 3332).
__ __ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ __ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).
__X __ (61) 52.242-5, Payment to Small Business Subcontractors (Jan 2017) (15 U.S.C.
637(d)(12)).
__ __ (62) (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).
__ _ (62) (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 (Sep 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 paragraphs (e)(1) of this paragraph 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) __X __ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.
chapter 78 and E.O. 13627).
__ __(B) 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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 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).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraphs (e) of FAR clause 52.226-6.
(xxiii) 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.
IA-225E
252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (OCT 2014)
(IAW DFARS 219.708(b)(1)(B), DFARS 212.301(f)(xx), DARS Tr # 2015-O0006)
IA-284
252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)
(IAW DFARS 223.7306, DFARS 212.301(f)(xxi))
IA-287
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (DEC 2016)
(IAW DFARS 225.1101(2))
IA-293
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2016)
(IAW DFARS 225.7002-3(a), DFARS 212.301(f)(xxvii))
IA-314D
252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS
(SEP 2004)
(IAW DFARS 226.104)
IA-414D
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(JUN 2012)
(IAW DFARS 232.7004)
(a) Definitions. As used in this clause—
(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.
(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.
(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.
(4) “Receiving report” means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .
(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—
(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment;
(2) DoD makes a payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);
(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or
(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.
(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.
(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.
IA-426D
252.232-7009 MANDATORY PAYMENT BY GOVERNMENTWIDE COMMERCIAL PURCHASE CARD
(DEC 2006)
(IAW DFARS 232.1110)
(Applicable at or below the micro-purchase threshold and Governmentwide commercial purchase card is required)
IA-427
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
(IAW DFARS 232.7102)
(Applicable to all solicitations and contracts over the micro-purchase threshold issued hereunder)
IA-649
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)
(IAW DFARS 243.205-71)
IA-655
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)
(IAW DFARS 244.403)
(Applicable to solicitations and contracts for supplies or services other than commercial items that contain any of the clauses listed in the clause at 252.244-7000)
(Applicable to solicitations and contracts when advance notice of shipment is required)
IA-745
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (APR 2014)
(IAW DFARS 247.574(b))
ADDENDUM TO CLAUSE 52.212-4
(Applicable to all solicitations and contracts)
I-19
52.203-3 GRATUITIES (APR 1984)
(IAW FAR 3.202)
K-3M
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS--REPRESENTATION (JAN 2017)
(IAW FAR 3.909-3 (a))
IA-24D
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(SEP 2013)
(IAW DFARS 203.970)
(Applicable to all solicitations and contracts)
IA-25R
252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2017-O0001)
(NOV 2016)
(IAW DARS TracKing # 2017-O0001)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2017 (Pub. L.
114-223), or any other Act that extends to fiscal year 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the Consolidated Appropriations Act, 2016 (Pub. L. 114-113) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(Applicable to solicitations and contracts, including commercial under FAR part 12, that will use FY 2017 appropriations)
IA-29Z
252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003)
(OCT 2015)
(IAW DARS Tracking # 2016-O0003)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d) (1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L.
114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(Applicable to solicitations and contracts, including commercial under FAR part 12, that will use FY 2016 appropriations)
I-48E
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)
(IAW FAR 4.1804(c), FAR 12.301(d)) (Applicable when there is a requirement to be registered in SAM or to have a DUNS Number)
I-48F
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
(IAW FAR 4.1202(b))
(Applicable to all solicitations and contracts)
I-48G
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS
(JUN 2016)
(IAW FAR 4.1903)
(Applicable to all solicitations and contracts, except COTs, when a contractor’s system may contain Federal contract information)
IA-31
252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)
(IAW DFARS 204.404-70(a)) (Applicable when the contractor will have access to or generate unclassified information that may be sensitive and inappropriate for release to the public)
IA-39
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (OCT 2016)
(IAW DFARS 204.7304(c))
(Applicable to all solicitations and contracts, including commercial except when solely for commercial-off-the-shelf items)
IA-39H
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION
SUPPORT (MAY 2016)
(IAW DFARS 204.7403(c), DFARS 212.301(f)(ix))
(Applicable to solicitations and contracts that involve litigation support services when 252.204-7014 is not included)
F-1
52.211-8 TIME OF DELIVERY (JUN 1997)
(IAW FAR 11.404(a)(2))
(a) The Government requires delivery to be made according to the following schedule:
DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE
ITEM.
The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.
ANNOTATE YOUR PROPOSED DELIVERY, IF ANY, UNDER THE GOVERNMENT’S DELIVERY SET FORTH
UNDER EACH ITEM IN THE SCHEDULE.
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.
(Applicable when the Government desires delivery by a certain time but requires delivery by a specified later time, and the delivery schedule is to be based on the date of the contract)
F-1C
52.211-8 TIME OF DELIVERY -- ALTERNATE I (APR 1984)
(IAW FAR 11.404(a)(2)) If the delivery schedule is expressed in terms of specific calendar dates or specific periods and is based on an assumed date of award, the contracting officer may substitute the following paragraph (b) for paragraph (b) of the basic clause. The time may be expressed by substituting "on or before"; "during the months ..."; or "not sooner than ...
or later than ..." as headings for the third column of paragraph (a) the basic clause.
(b) The delivery dates or specific periods above are based on the assumption that the Government will make award by 00 0000 . Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.
(Applicable when the delivery schedule is expressed in terms of specific calendar dates or specific periods and is based on an assumed date of award)
(Applicable when delivery of one or more “items” as defined at 252.211-7003(c) is required)
I-105
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)
(IAW FAR 12.301(b)(3)) (Applicable to all commercial items)
I-171
52.216-19 ORDER LIMITATIONS (OCT 1995)
(IAW FAR 16.506(b))
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than quantity of 1, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of quantity of 21;
(2) Any order for a combination of items in excess of quantity of 21; or
(3) A series of orders from the same ordering office within 14 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 14 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(Applicable to all orders issued hereunder)
I-178
52.216-22 INDEFINITE QUANTITY (OCT 1995)
(IAW FAR 16.506(e))
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Delivery-Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contact after 31-MAY-2023 .
(Applicable to all orders issued hereunder)
IA-169
252.216-7006 ORDERING (MAY 2011)
(IAW DFARS 216.506(a))
(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-NOV-2017 through 01-NOV-2022.
(Applicable to solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-quantity contract is contemplated)
I-215
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2016-O0009)
(AUG 2016)
(IAW DARS Tracking # 2016-O0009)
(a) This clause does not apply to small business concerns.
(b) Definitions. As used in this clause— “Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C.
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