TERMS AND CONDITIONS-SIMPLIFIED PURCHASES (SERVICES AND SUPPLIES).pdf

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RFQ
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6973GH-20-Q-00077
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This document outlines standard terms and conditions for simplified federal purchases of services and supplies. It requires compliance with various clauses covering organizational conflicts of interest, gratuities, whistleblower protections, and other standard business practices. The related federal contract opportunity is seeking a quad DS1 extended range fiber optic extension circuit pack with a 1300nm laser from the Department of Transportation Federal Aviation Administration Franchise Acquisition Services. The product number, user product code, and agency details are provided.

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3.2.2.5-1 TERMS AND CONDITIONS-SIMPLIFIED PURCHASES (SERVICES AND SUPPLIES) (July 2019)

(a) By submission of this offer, the offeror attests that all representations and certifications as reflected in the System for Award Management (SAM) are current and accurate as of the date the offer is submitted. The offeror must provide immediate written notice to the Contracting Officer if at any time prior to award the offeror learns that any certification or representation in SAM was erroneous when this offer was submitted or has become erroneous by reason of changed circumstances.

(b) 3.1-1 Clauses and Provisions Incorporated by Reference (July 2019) This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: https://conwrite.faa.gov.

3.1.7-2 3.1.9-1 3.2.2.3-82 3.2.2.7-6

3.2.5-1 3.2.5-3 3.2.5-4 3.2.5-5 3.2.5-8 3.3.1-1 3.3.1-15 3.3.1-17 3.3.1-33 3.3.1-34 3.6.1-7 3.6.2-8 3.6.2-9 3.6.2-13 3.6.2-38 3.6.2-39 3.6.2-44 3.6.3-16 3.6.3-23 3.6.4-5 3.6.4-10 3.6.4-19 3.9.1-1 3.9.1-2 3.9.1-3 3.10.1-7 3.10.1-25 3.13-4 3.13-5 3.13-13

Organizational Conflicts of Interest (July 2018) Electronic Commerce and Signature (July 2018) Prohibition on Conducting Restricted Business Operations in Sudan – Certification (July 2012) Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (April 2011) Officials Not to Benefit (April 1996) Gratuities or Gifts (January 1999) Contingent Fees (October 1996) Anti-Kickback Procedures (October 2010) Whistleblower Protection for Contractor Employees (April 1996) Payments (July 2018) Assignment of Claims (July 2018) Prompt Payment (July 2018) System for Award Management (July 2018) Payment by Electronic Funds Transfer/System for Award Management (July 2018) Limitations on Subcontracting (July 2019) Affirmative Action Compliance (April 1996) Equal Opportunity (October 2018) Affirmative Action for Workers With Disabilities (October 2018) Certification of Knowledge Regarding Child Labor End Products (July 2007) Trafficking in Persons (April 2019) Notification of Employee Rights Under the National Labor Relations Act (January 2019) Drug Free Workplace (March 2009) Delivery of Electronic and Paper Documents (October 2016) Buy American Act – Steel and Manufactured Products (July 2010) Restrictions on Certain Foreign Purchases (January 2010) Prohibition on Engaging in Sanctioned Activities Relating to Iran – Certification (April 2013) Contract Disputes (October 2011) Protest After Award (August 1997) Protest (October 2011) Bankruptcy (April 1996) Novation and Change-of-Name Agreements (October 2007) Contractor Identification Number-Data Universal Numbering (DUNS) Number (August 2012) Seat Belt Use by Contractor Employees (October 2001) Contractor Policy to Ban Text Messaging While Driving (January 2011)

The Contractor shall comply with the following additional AMS clauses, incorporated by reference, unless the circumstances do not apply:

3.1.7-6 3.2.5-7

Disclosure of Certain Employee Relationships (January 2019) Disclosure Regarding Payments to Influence Certain Federal Transactions (October 2017)

3.3.1-24 3.3.2-1 3.6.2-2 3.6.2-3 3.6.2-4 3.6.2-5 3.6.2-12 3.6.2-14 3.6.2-28 3.6.2-31 3.6.3-14 3.6.4-2 3.10.4-16

Fast Payment Procedures (July 2018) FAA Cost Principles (January 2016) Convict Labor (April 1996) Walsh-Healey Public Contracts Act Representation (October 2010) Walsh-Healey Public Contracts Act (October 2018) Certification of Nonsegregated Facilities (March 2009) Equal Opportunity for Veterans (October 2018) Employment Reports on Veterans (October 2018) Service Contract Act of 1965, as Amended (January 2019) Fair Labor Standards Act and Service Contract Act-Price Adjustment (January 2019) Use Of Environmentally Preferable Products (October 2016) Buy American Act-Supplies (October 2014) Responsibility for Supplies (April 1996)

The Contractor shall comply with the following AMS provisions or clauses that the Contracting Officer has indicated as being incorporated by reference:

___ 3.6.1-1 ___ 3.6.1-2 ___ 3.6.1-3

___ 3.6.1-8 _ _ 3.6.1-12 ___ 3.6.1-14 ___ 3.6.3-13

___ 3.6.3-20 ___ 3.10.1-8 _X_ 3.10.1-9 ___ 3.10.1-9 ___ 3.10.1-10 ___ 3.10.1-11 _X_ 3.10.1-12 ___ 3.10.1-12 ___ 3.10.1-12 ___ 3.10.1-12 ___ 3.10.1-12 ___ 3.10.1-12 ___ 3.10.1-13 ___ 3.10.1-13 ___ 3.10.1-13 ___ 3.10.1-13 ___ 3.10.1-13 ___ 3.10.1-13 ___ 3.10.1-26 _X_ 3.10.6-1 ___ 3.10.6-2

___ 3.10.6-3 ___ 3.10.6-3 ___ 3.10.6-3

Notice of Total Small Business Set-Aside (January 2010)

RESERVED

Utilization of Small, Small Disadvantaged and Women-Owned, and Service-Disabled Veteran Owned Small Business Concerns (March 2009) Notification of Competition Limited to Eligible SEDB Concerns (April 2016) Notice of Service-Disabled Veteran Owned Small Business set-Aside (October 2011) Notice of Partial Small Business Set-Aside (July 2019) Affirmative Procurement of Recycled Content and Products under Service and Construction Contracts (October 2016) IEEE 1680 Standards for Environmental Assessment of Electronic Products (October 2018) Suspension of Work (September 1998) Stop Work Order (October 1996) Alternate I, Stop Work Order (October 1996 ) Stop Work Order-Facilities (June 1999) Government Delay of Work (April 1996) Changes-Fixed Price (April 1996) Alternate I, Changes-Fixed Price (April 1996) Alternate II, Changes-Fixed Price (April 1996) Alternate III, Changes-Fixed Price (April 1996) Alternate IV, Changes-Fixed Price (April 1996) Alternate V, Changes-Fixed Price (April 1996) Changes-Cost-Reimbursement (April 1996) Alternate I, Changes-Cost-Reimbursement (April 1996) Alternate II, Changes-Cost-Reimbursement (April 1996) Alternate III, Changes-Cost-Reimbursement (April 1996) Alternate IV, Changes-Cost-Reimbursement (April 1996) Alternate V, Changes-Cost-Reimbursement (April 1996) Contractor Performance Assessment Reporting System (April 2013) Termination for Convenience of the Government (Fixed-Price) (October 1996) Termination for Convenience of the Government (Educational and Other Nonprofit Institutions) (October 1996) Termination (Cost-Reimbursement) (October 2014) Alternate I, Termination (Cost-Reimbursement) (October 2014) Alternate II, Termination (Cost-Reimbursement) (October 2014)

___ 3.10.6-3 Alternate III, Termination (Cost-Reimbursement) (October 2014) ___ 3.10.6-3 Alternate IV, Termination (Cost-Reimbursement) (January 2015) ___ 3.10.6-3 Alternate V, Termination (Cost-Reimbursement) (January 2015) _X_ 3.10.6-4 Default (Fixed Price Supply and Services) (October 1996) ___ 3.10.6-5 Default (Fixed-Price Research and Development) (October 1996) ___ 3.10.6-6 Default (Fixed Price Construction) (October 1996) ___ 3.10.6-7 Excusable Delays (October 1996)

(c) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(d) Inspection and Acceptance. The Contractor must only tender for acceptance those supplies or services that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair, replacement or re-performance will not correct the defects or is not possible to correct the defects in a time period deemed reasonable by the Government, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights:

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JULY 2019). This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: http://conwrite.faa.gov

3.10.1-24 NOTICE OF DELAY (MARCH 2009)

3.11-34 F.O.B. DESTINATION (APRIL 1999)

THE FOLLOWING SPECIAL REQUIREMENTS IN FULL TEXT APPLY TO THIS PURCHASE ORDER:

NOTICE TO SUPPLIER: This is a firm order ONLY if your price does not exceed the maximum line item or total price in the Schedule. If you cannot perform in exact accordance with this order, WITHHOLD PERFORMANCE and notify the Contracting Officer immediately, giving your quotation.

NO SUBSTITUTE OR CHANGE: No substitution or changes shall be made without prior approval of the Contracting Officer.

(Rev. D – 08/2019)

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