B08_Combined_Synopsis_and_Solictation_-_Molds.pdf

COMBINED SYNOPSIS/SOLICITATION FOR CBPS DOORS KIT

SOLICITATION NUMBER: W52P1J-19-R-MOLD

Per allowance provided by FAR 12.203, this is a combined synopsis and solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued.

(ii) Solicitation W52P1J-19-R-MOLD is being issued by the Army Contracting Command – Rock Island (ACC-RI) as a Request for Proposal (RFP).

(iii) This solicitation, and the provisions and clauses incorporated within, are in effect through the Federal Acquisition Circular 2005-97, effective 09NOV2017 and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20171228, effective 28DEC2017. The complete text of any of the provisions and clauses included in this solicitation may be accessed in full text at http://farsite/hill.af.mil

(iv) Type of Set-Aside: 100% Small Business

NAICS code: 333511

Small Business Size Standard: 500 employees

(v) Line Items being requested via this RFP:

CLIN 0001: M1 Mold, Canister, 155mm CLIN 0002: M1 Crimping Mold, 155mm CLIN 0003: M2 Mold, Canister, 155mm CLIN 0004: M2 Crimping Mold, 155mm

(vi) The ACC-RI hereby issues this RFP to manufacture and provide M1 and M2 molds in accordance with the provided drawings.

In accordance with FAR 12.207(c)(1), award of a firm-fixed price, contract to one supplier is being contemplated after proper evaluation of proposals received in response to this solicitation.

Production and delivery of the molds shall meet all specifications included in Purchase Description 1552, which is Attachment 0001 to this RFP.

Delivery is FOB Destination to the following address:

Pine Bluff Arsenal Central Shipping and Receiving Point (CSRP) Building 53-990, 506th Street Pine Bluff, AR 71602-9500 http://farsite/hill.af.mil

(vii) The following commercial provision applies to this solicitation:

FAR 52.212-1, Instructions to Offerors – Commercial

Proposal submissions are due by Thursday, February 21, 2019, at 3:00 p.m. central time, and should be transmitted via email to the Contract Specialist at angela.m.venes.civ@mail.mil. Offerors shall ensure that their company’s name appears in the file name of the electronic proposal submission. The Offeror’s proposal shall demonstrate an offeror’s best solution and price to meet the requirements in the SOW and other documents. The proposal shall not repeat the RFP requirements, but rather provide documentary evidence of how contract requirements will be met. Proposals received in response to this RFP will be valid for 90 days from the closing date of the RFP. (NOTE: Offerors are responsible for submitting a timely proposal compliant with ALL provisions of this clause (52.212-1). Failure to submit a full, compliant, and timely proposal may result in a determination the proposal is non-compliant and render the proposal ineligible for award.)

If this RFP is amended, all terms and conditions that are not amended remain unchanged. Interested offerors shall acknowledge receipt of any amendment to the RFP by the date and time specified in the amendment(s) and in its proposal submission.

Failure to acknowledge an amendment may result in an Offeror’s proposal not being considered for award.

Interested offerors are responsible for submitting proposals, and any modifications, or revisions, by the time specified in the RFP or subsequent amendment(s). Any proposal or revision received after the time specified for receipt by the Government will be considered late and may not be considered for award.

The Government intends to award one contract under this RFP using the Low Priced Technically Acceptable approach described at

FAR 15.101-2.

The Government intends to award without discussions but reserves the right to contact offerors for clarification, or discussions if later determined by the Source Selection Authority (SSA) to be necessary in accordance with FAR 15.306(a)(3).

1. PROPOSAL SUBMISSION

a. The proposal shall consist of the following:

mailto:angela.m.venes.civ@mail.mil

i. Volume I – Technical Proposal: One electronic copy submitted in PDF format.

ii. Volume II – Completed Solicitation and

Price Proposal: One electronic copy submitted in PDF format and one completely filled-out solicitation to include total evaluated prices entered on each Contract Line Item (CLIN) found in the Price Matrix document. The Price Matrix must be submitted in Microsoft Excel format with working formulas.

b. Offerors shall forward the complete proposal, including the executed solicitation and all amendments, along with copies of Volumes I and II to the following electronic mail (e-mail) address:

Contract Specialist: angela.m.venes.civ@mail.mil

2. PROPOSAL FILES

a. Format – This solicitation shall make use of electronic proposals submitted through e-mail only. Offerors are responsible for ensuring their complete proposal reaches the email address above in paragraph 1(b) by the date and time specified in the combined synopsis and solicitation document. Therefore, Offerors are advised to begin transmitting their proposal in advance to allow enough time for the entire proposal to go through any firewalls and reach the Government’s server. Hard copy proposals shall not be accepted. The offeror must submit information for all factors set forth in this section of the solicitation

– information incorporated by reference shall not be evaluated. Failure to submit all required information in the format directed shall lead to a determination that the proposal is non-compliant.

Offerors shall provide information for each factor in the format and sequence identified in the solicitation. Proposals shall be evaluated only on their content. Assumptions, preconceived ideas, and personal knowledge or opinions for these factors not supported by material provided in the proposal shall not be considered or used as a basis for evaluation.

b. Limitations:

i. Page Limitations: Pages should be 8.5” x

11” in size, use only Arial 12 font, and be double-spaced. Charts can be 11” x 17”, and should be no smaller than Arial 9 font.

Pages within each volume shall be numbered sequentially beginning at page one.

Volume I shall be limited to 20 pages. The cover sheet, table of contents, and blank pages are excluded from the page count.

Pages over the limit are subject to removal and may not be reviewed or considered in the evaluation.

Volume II has no page limitation, but shall be restricted to one copy of the solicitation completed with total evaluated prices entered into the Price Matrix document, as well as any other information requested within the clauses.

ii. Offerors shall comply with all requirements of the proposal preparation instructions.

Failure to do so may cause the proposal to be deemed non-compliant, and therefore, eliminated from further consideration for award.

iii. If revised proposals are required, they shall be highlighted, gray barred, or asterisked to identify the changes.

3. PROPOSAL CONTENT: Offerors are responsible for including sufficient details to permit a complete and accurate determination of the offeror’s technical acceptability. The Government shall not make assumptions concerning an offeror’s intent, capabilities, or facilities. Clear identification is the sole responsibility of the offeror.

a. Failure to Submit Information: offerors are cautioned that failure to provide the necessary information may render their offer non-compliant.

b. Volume I – Technical Factor:

Notice: A proposal must fully address each of the sub-factors delineated below and must provide evidence of the offeror’s capabilities with respect to each sub-factor. In order for an offeror’s proposal to be rated as technically acceptable, each sub-factor below must receive an “Acceptable” rating.

i. Sub-factor 1: Work Breakdown Structure

The proposal shall include a Work Breakdown Structure (WBS) showing the major (i.e. “top level”) tasks of equipment configuration and how materials will flow through the manufacturing process, to include raw materials and quality control measures all the way through shipping. The WBS shall show the tasks that will be performed by the Prime and by sub-contractors. Identification of individuals responsible or specific companies involved is not required. The proposal should be well organized, clear and concise, and fully explain the offeror’s approach to performing the contract.

ii. Sub-factor 2: Manufacturing Plan

Manufacturing plan shall describe the offeror’s understanding of the requirements.

iii. Sub-factor 3: Experience

The proposal shall describe the offeror’s experience and capability to perform the work required as described in this solicitation.

iv. Sub-factor 4: Delivery Schedule

The proposal shall include the offeror’s proposed delivery schedule. Desired delivery date is 1 May 2019.

c. Volume II – Price:

i. The proposed unit prices shall be used by the Government to calculate the total evaluated price for the contract.

1. Any additional information considered necessary to explain the proposed prices shall be included in the proposal.

2. Any significant inconsistency in the unit prices should be explained in the proposal. For example, if the use of new and innovative techniques has an impact on the proposed unit price, the offeror shall explain the impact on price. If a management decision has been made to absorb a portion of the program costs that have not been included in the proposed pricing, that decision should be stated and quantified in the proposal.

Any significant inconsistency, if not explained, raises a fundamental issue of the offeror’s understanding of the nature and scope of the work required. The burden of proof as to price credibility rests with the offeror.

ii. All electronic spreadsheets in support of the proposal shall: be in Microsoft Excel format and contain working formulas and algorithms, be in the same format as the proposal, and calculate proposed prices.

PDF files are not acceptable because they do not contain working formulas and algorithms.

iii. Offerors shall completely fill in all yellow highlighted cells in the Price Matrix document (Attachment 0002), and in accordance with the instructions provided. If an offeror fails to submit unit prices, or in any way makes a change to the Price Matrix, the offeror’s proposal may be considered non-compliant, and the Government may reject the proposal and render the offeror ineligible for contract award. All proposed unit prices will be binding.

iv. The Government reserves the right to require the submission of any additional data (i.e. cost or pricing data) necessary to validate the reasonableness of an offer.

(viii) The following commercial provision applies to this solicitation:

FAR 52.212-2, Evaluation – Commercial Items (October 2014)

The Government intends to award one contract as a result of this competition. Offers will be evaluated against the criteria set forth below. The Technical Evaluation Team will prepare a detailed written evaluation of each offeror’s Technical Proposal, Volume I, addressing whether the offeror includes the information and supporting data required for each of the sub-factors. The Technical Evaluation Team shall then assign a consensus rating (“Acceptable” or “Unacceptable”) to each Volume I sub-factor based on the information and supporting data provided. Any areas of the offeror requiring clarification will be referred to the Contracting Officer for resolution.

The Government intends to make award without conducting discussions. However, the Government may contact offerors for clarification pursuant to FAR 15.306(a)(1) and (2). The Government reserves the right to conduct discussions if later determined by the SSA to be necessary in accordance with FAR 15.306(a)(3).

Order of Evaluation: The evaluation of proposals submitted in response to this RFP shall be evaluated in the following order. (The Government will repeat the below process as necessary to select an awardee under the applicable RFP criteria.)

STEP 1: Each proposal will be technically evaluated to according to the criteria below. Those determined to be “Acceptable” will proceed to Step 2.

the total evaluated price, to include an assessment of affordability, price reasonableness, and completeness. The Government will identify the proposal with the lowest Total Evaluated Price.

STEP 2: Each proposal determined to be “Acceptable” will be evaluated to determine the total evaluated price, to include an assessment of affordability, price reasonableness, and completeness. The Government will identify the proposal with the lowest Total Evaluated Price.Acceptable.

STEP 3: The proposal with the lowest total evaluated price that also has all four Technical Sub-Factors determined to be “Technically Acceptable” will be evaluated against the Past Performance Factor. Provided that the proposal is determined “Acceptable” under the Past Performance Factor, the proposal will be selected for award. If the proposal is determined to be “Unacceptable” under the Past Performance Factor, the proposal will not be considered for award, and the Government will perform Past Performance Evaluation on the next lowest priced technically acceptable proposal.

The Procuring Contracting Officer reserves the right to contact Offerors for clarification, without opening discussions. The Government intends to award a contract without opening discussions (except for clarifications as described in FAR 15.306(a) and FAR 52.215-1). However, the Government reserves the right to conduct discussions and permit offerors to revise their proposals.

The Government reserves the right to make no award as a result of this solicitation if, upon evaluation, none of the proposals are deemed technically acceptable, and there is no reasonable expectation that opening discussions would result in technically acceptable proposals, or if the prices cannot be determined fair and reasonable.

1. TECHNICAL FACTOR EVALUATIONS:

An offeror’s proposal must fully address each of the sub-factors delineated below, and must provide specified documentation with respect to each sub-factor. In order for an offeror’s technical proposal to be rated as “Acceptable”, each subfactor identified below must receive and “Acceptable” rating. “Acceptable” and “Unacceptable” ratings are defined as follows.

Acceptable: The proposal demonstrates a clear understanding of the minimum requirements. Evidence provided indicates the stated approach will be successful and that requirements set forth in the drawings have been met. The offeror has successfully demonstrated the stated approach will be successful and has adequately addressed each of the following items: understanding the requirement, work breakdown structure, manufacturing plan, experience of a similar nature, and delivery schedule.

Unacceptable: The offeror fails to demonstrate a clear understanding of the minimum requirements, or the evidence provided does not fully demonstrate that the stated approach will be successful or does not indicate that the requirements set forth in the drawings will be met. The Offeror has not adequately addressed any one of the following items, or, if addressed, the proposal fails to demonstrate that the stated approach will be successful: understanding the requirement, work breakdown structure, manufacturing plan, experience of a similar nature, or delivery schedule.

Sub-Factor 1: Work Breakdown Structure

The proposal has included a Work Breakdown Structure (WBS) showing the major (i.e. “top level”) tasks of equipment configuration and how materials will flow through the manufacturing process to include raw materials and quality control measures all the way through shipping. The WBS has sufficient detail to allow the evaluation team to determine which tasks will be performed by the Prime and which by the sub-contractors. The proposal is well organized, clear and concise, and demonstrates that the offeror fully understands the requirements and the stated approach will be successful.

Sub-Factor 2: Manufacturing Plan

Manufacturing plan demonstrates the offeror’s understanding of the minimum requirements.

Sub-Factor 3: Experience

The proposal clearly and convincingly demonstrates the Offeror has the experience and capability to perform the work required as described in this solicitation.

Sub-Factor 4: Delivery Schedule

The proposal clearly and convincingly communicates an acceptable delivery schedule and that the offeror is able to meet the proposed delivery schedule.

2. PRICE FACTOR EVALUATION:

a. The Government shall evaluate offers based on prices proposed for all requirements stated in the solicitation.

b. Price Analysis shall be used to determine price reasonableness. The FAR requires that contracts be awarded at prices that are determined fair and reasonable. The Government will evaluate price reasonableness in accordance with FAR 15.404-1(b), relying primarily on competition; the Government may use any one, or a combination of techniques listed at FAR 15.404-1(b)(2) to determine the price fair and reasonable for Firm-Fixed-Price CLINs. Additional analysis techniques may be used as determined necessary by the Procuring Contracting Officer.

These methods of evaluation may include the use of information/input from sources such as (but not limited to) other Government agencies and personnel.

The Government reserves the right to require the submission of any cost or pricing data necessary to validate the reasonableness of an offer.

c. As part of the cost/price evaluation, proposals may be reviewed to identify any significant unbalanced pricing. In accordance with FAR 15.404-1(g)(2), i.e.

Unbalanced Pricing, a proposal may be rejected if the Contracting Officer determines the lack of balance poses an unacceptable risk to the Government.

3. PAST PERFORMANCE EVALUATION: Past performance will be evaluated using information contained in PPIRS, CPARS, other Government databases, and information received from sources with personal knowledge of the offeror’s past performance if deemed necessary by the Contracting Officer and rated either as “Acceptable” or “Unacceptable”. Offerors with no past performance will be rated “Acceptable”. Each initial offer should contain the offeror’s best terms for award of a contract under the solicitation. If the Contracting Officer determines that a small business’ past performance is not acceptable, the matter shall be referred to the Small Business Administration for a Certificate of Competency determination, in accordance with the procedures contained in FAR Subpart 19.6 and 15 U.S.C. 637(b)(7).

(ix) The following commercial provision applies to this solicitation:

FAR 52.212-3, Offeror Representations and Certifications – Commercial (refer to Attachment 0003)

(x) The following commercial clause applies to this solicitation (See also clause

FAR 52.204-7 in this solicitation):

FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Jan 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights –

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g. use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at 52.233-1, Disputes, which is incorporated herein by reference.

The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive notices. An invoice must include –

i. Name and address of the Contractor;

ii. Invoice date and number;

iii. Contract number, line item number, and, if applicable, the order number;

iv. Description, quantity, unit of measure, unit price, and extended price of the items delivered;

v. Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

vi. Terms of any discount for prompt payment offered;

vii. Name and address of official to whom payment is to be sent;

viii.Name, title, and phone number of person to notify in event of defective invoice; and

ix. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

x. Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g. 52.232-33, Payment by Electronic Funds Transfer – System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer – Other than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the

Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall –

i. Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the –

A. Circumstances of the overpayment (e.g. duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment;

B. Affected contract number and delivery order number, if applicable;

C. Affected line item or subline item, if applicable, and

D. Contractor point of contact.

ii. Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest

i. All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

ii. The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

iii. Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if – A. The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

B. The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

C. The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

D. All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

iv. If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

v. Amounts shall be due at the earlies of the following dates:

A. The date fixed under this contract.

B. The date of the first written demand for payment, including any demand for payment resulting from a default termination.

vi. The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on – A. The date on which the designated office receives payment from the Contractor;

B. The date of issuance of a Government check to the

Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

C. The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

vii. The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon;

(1) Delivery of the supplies to a carrier, if transportation is f.o.b.

origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State, and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The

Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other

Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the

Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

i. If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

A. Change the name in the SAM database;

B. Comply with the requirements of Subpart 42.12 of the FAR;

C. Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

ii. If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized obligations.

https://www.acquisition.gov/

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

i. Any such clause is unenforceable against the

Government.

ii. Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g. “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

iii. Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

(xi) The following commercial clause applies to this solicitation:

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial

(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, 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:

x 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 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) x 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 52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 31 U.S.C. 6101 note) x 52.219-8 – Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)) x 52.219-9 –Small Business Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)) x 52.219-16 –Liquidated Damages – Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)(F)(i)) x 52.219-28 – Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)) x 52.222-3 – Convict Labor (June 2003) (E.O. 11755) x 52.222-19 – Child Labor – Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126) x 52.222-21 – Prohibition of Segregated Facilities (Apr 2015) x 52.222-22 – Previous Contracts and Compliance Reports (Feb 1999) x 52.222-26 – Equal Opportunity (Sep 2016) (E.O. 11246) x 52.222-35 – Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) x 52.222-36 – Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) x 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) x 52.222-50 – Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627) x 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513) x 52.225-1 – Buy American – Supplies (May 2014) (41 U.S.C.

chapter 83) x 52.225-13 – Restrictions on Certain Foreign Purchases (Jun 2008) (E.O’s proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury) x 52.232-33 – Payment by electronic Funds Transfer – System for Award Management (Jul 2013) (31 U.S.C. 3332) x 52.232-34 – Payment by Electronic Funds Transfer – Other Than System for Award Management (Jul 2013) x 52.242-5 – Payments to Small Business Contractors (Jan 2017) x 52.247-64– Preference for Privately Owned U.S. Flag Commercial Vessels (Feb 2006)

The following clauses listed at FAR 12.301(d) regarding FAR clause 52.212-5 also apply to this solicitation:

FAR 52.204-16 – Commercial and Government Entity Code Reporting

FAR 52.204-18 – Commercial and Government Entity Code Maintenance

FAR 52.209-7 – Information Regarding Responsibility Matters

FAR 52.209-12 – Certification Regarding Tax Matters

FAR 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors

(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:

Not applicable because this is a not a request for services.

(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 other 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 in 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

(1) of FAR Clause 52.222-17.

v. 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

vi. 52.222-26, Equal Opportunity (Sep 20160) (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. (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 E.O. 13627)

xiii. 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67) xiv.52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services – Requirements (May 2014) (41 U.S.C. chapter 67)

xv. 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O.

12989) xvi.52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015)

xvii. 52.222-62, Paid Sick Leave Under Executive Order 13706

(JAN 2017) (E.O. 13706)

xviii. (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a)

(B) Alternate I (Jan 2017) of 52.224-3 xix.52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note)

xx. 52.226-6, Promoting Excess Food Donation to NonProfit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

xxi.52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(xii) The following 14 FAR and DFARS clauses also apply to this solicitation.

FAR 52.204-7 – System for Award Management (Oct 2018)

(a) Definitions. As used in this provision— “Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

http://www.sam.gov/

(6…