W56HZV17R0103.pdf
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
Offeror To Complete Block 12, 17, 23, 24, & 30
1. Requisition Number Page Of
2. Contract No. 3. Award/Effective Date 4. Order Number 5. Solicitation Number 6. Solicitation Issue Date
7. For Solicitation Information Call:
A. Name B. Telephone Number (No Collect Calls) 8. Offer Due Date/Local Time
9. Issued By Code 10. This Acquisition is Unrestricted OR Set Aside: % For:
Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned Small Business Program
Hubzone Small Business EDWOSB
Service-Disabled Veteran-Owned Small Business NAICS:
Email: 8(A) Size Standard:
11. Delivery For FOB Destination Unless Block Is Marked
12. Discount Terms 13a. This Contract Is A Rated Order Under DPAS (15 CFR 700) 13b. Rating
See Schedule 14. Method Of Solicitation RFQ IFB RFP
15. Deliver To Code 16. Administered By Code
Telephone No.
17a. Contractor/Offeror Code Facility 18a. Payment Will Be Made By Code
Telephone No.
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 Addendum
19.
Item No.
20.
Schedule Of Supplies/Services
21.
Quantity
22.
Unit
23.
Unit Price
24.
Amount
(Use Reverse and/or Attach Additional Sheets As Necessary)
25. Accounting And Appropriation Data 26. Total Award Amount (For Govt. Use Only)
27a.Solicitation Incorporates By Reference FAR 52.212-1, 52.212-4. FAR 52.212-3 And 52.212-5 Are Attached. Addenda Are Are Not Attached.
27b.Contract/Purchase Order Incorporates By Reference FAR 52.212-4. FAR 52.212-5 Is Attached. Addenda Are Are Not Attached.
28. Contractor Is Required To Sign This Document And Return _________ 29. Award Of Contract: Ref. Offer 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.
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
Authorized For Local Reproduction Previous Edition Is Not Usable
Standard Form 1449 (Rev. 2/2012) Prescribed By GSA-FAR (48 CFR) 53.212
W56HZV-17-R-0103 2017FEB24
JEFFREY WEISS (586)282-3546
JEFFREY.L.WEISS10.CIV@MAIL.MIL
2017MAR27 01:00pm
W56HZV
U.S. ARMY CONTRACTING COMMAND
WARREN, MICHIGAN 48397-5000
X
326299
X DOA4
X
SEE SCHEDULE
SEE SCHEDULE
X X
X 1
1 50
19.
Item No.
20.
Schedule Of Supplies/Services
21.
Quantity
22.
Unit
23.
Unit Price
24.
Amount
32a. Quantity In Column 21 Has Been
Received Inspected Accepted, And Conforms To The Contract, Except As Noted: _________________________________________________
32b. Signature Of Authorized Government Representative 32c. Date 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
33. Ship Number 34. Voucher Number 35. Amount Verified 36. Payment 37. Check Number Correct For Partial Final Complete Partial Final
38. S/R Account No. 39. S/R Voucher Number 40. Paid By
41a. I Certify This Account Is Correct And Proper For Payment 42a. Received By (Print) 41b. Signature And Title Of Certifying Officer 41c. Date 42b. Received At (Location)
42c. Date Rec’d (YY/MM/DD) 42d. Total Containers
Standard Form 1449 (Rev. 2/2012) Back
CONTINUATION SHEET
Reference No. of Document Being Continued Page of
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SUPPLEMENTAL INFORMATION
Buyer Name: JEFFREY WEISS
Buyer Office Symbol/Telephone Number: CCTA-HDT-B/(586)282-3546
Type of Contract 1: Firm Fixed Price
Kind of Contract: Supply Contracts and Priced Orders
*** End of Narrative A0000 ***
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.201-4000 ARMY CONTRACTING COMMAND-WARREN (DTA) OMBUDSPERSON APR/2011
Information regarding the Ombudsperson for this contract is located at the following website:
http://acc.army.mil/contractingcenters/acc-wrn/CompMgmtOffice.html
[End of Provision]
2 52.212-4003 ALL OR NONE--COMMERCIAL ITEM ACQUISITION SEP/1996
(TACOM)
This provision serves as an addendum that modifies paragraph (h) of FAR 52.212-1, entitled INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS.
Paragraph (h) is modified to say that you must offer to provide the total quantity of the items in this solicitation. ONLY ONE AWARD
WILL BE MADE AS A RESULT OF THIS SOLICITATION. OFFERS SUBMITTED FOR LESS THAN THE TOTAL QUANTITIES OF ALL THE ITEMS IN THIS
SOLICITATION WILL NOT BE CONSIDERED FOR AWARD.
[End of Clause]
3 52.214-4000 ACKNOWLEDGMENT OF AMENDMENTS OCT/1993
Acknowledge all the amendments you've received from us by identifying the amendment number and its issue date in the box below:
: Amendment Number : Date : ________________________________________________
[End of Provision]
A.1 Administrative Summary
A.2 The Army Contracting Center (ACC) - Warren anticipates that it will award a single contract as a result of this solicitation.
A.3 Evaluation will be awarded on a Lowest Price, Technically Acceptable basis. Technical acceptability will be established through the submission of bid samples. See the Instructions, Conditions, and Notices to Offerors as well as section M for details on the bid samples and the testing procedures. Please see the Section C for each the 10L/0158 and RR-11 Strip Stock Rubber Material for the Specs.
A.3.1 Red River Army Depot owns the formulations on all of the materials. Any potential offeror who is interested in participating in this solicitation and obtaining these formulas to submit bid samples, must submit a Nondisclosure Agreement (NDA) to the Contract
Specialist within 15 calendar days of the solicitation being posted, to ensure that Red River Army Depot has enough time to complete the testing in a timly matter. NDA's will NOT be sent out after the 15 calender days have expired.
2 50
W56HZV-17-R-0103
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
IN ORDER TO OBTAIN AN NDA, AN OFFEROR MUST EMAIL THE CONTRACTING SPECIALIST AND REQUEST THE FORM BE SENT TO THEM. REQUESTS MUST BE SENT
TO JEFFREY WEISS AT jeffrey.l.weiss10.civ@mail.mil. THE CONTRACTING SPECIALIST WILL CONFIRM THE REQUEST VIA EMAIL AND WILL SEND OUT THE
FORM BEFORE CLOSE OF BUSINESS ON THE DAY THE REQUEST IS SENT.
A.3.2 Because this is a single award, in order for an offeror to be considered for contract award, an offeror must past testing on BOTH the 10L/0158 and RR-11 Strip Stock Rubber Material Testing.
A.3.2.1 The Government reserves the right to allow an offeror to retest their submitted bid samples based on the test results. The
Government may allow a SINGLE (1) retest if the submitted bid sample is determined to be within 10% of the specifications listed in the
Scope of Work. The decision to allow the retest is at the Government's sole discretion.
A.3.2.2 If the bid samples provided by the offeror conform to either the 10L/0158 or RR-11 specifications, as applicable, but the other samples do not conform, the offeror will not be considered for award unless the non-conforming sample(s) is within the 10% of the specification. In this circumstance, the offeror will be provided the opportunity to resubmit the non-conforming sample(s)for an additional test. They may re-sumbit a modified sample of the materail or submit a brand new sample that must conform to the requirements. Only one additional test will be allowed and if after the second attempt, the sample(s) still fail testing, the offeror will not be considered for award. Only offerors who pass the testing on either the initial attempt or the second attempt will be considered for award.
A.4 Section B pricing. When filling out section B with prices for each material, and offeror shall put the unit price per unit and the total price for the listed CLIN based on the estimated quantities listed.
A.4.1 For example, CLIN 0011, for 10L/0158 has an estimated quantity of 150,000 lbs. An offeror shall put the price per lb. in the Unit
Price column and the total price based on the estimated quantity in the Amount column (price per unit (LB) x 150,000 = Amount).
A responsive proposal to this solicitation consists of:
1) Bid Samples stated in Section M
2) A Price proposal for all CLINs
Failure to submit these items before the solicitation closes, results in an incomplete proposal and it will not be considered for award.
*** END OF NARRATIVE A0001 ***
3 50
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
SUPPLIES OR SERVICES AND PRICES/COSTS
THIS IS A FIRM FIXED PRICE (FFP), REQUIREMENTS
TYPE CONTRACT.
THE FOLLOWING DEFINITIONS APPLY TO THE ENTIRE
SOLICITATION AND RESULTING CONTRACT:
BASIC CONTRACT ORDERING PERIOD______________________________
FIRST ORDERING PERIOD IS THE DATE OF BASIC
CONTRACT AWARD THROUGH 364 DAYS AFTER BASIC
CONTRACT AWARD.
SECOND ORDERING PERIOD IS 365 DAYS AFTER DATE OF
BASIC CONTRACT AWARD THROUGH 729 DAYS AFTER BASIC
CONTRACT AWARD.
NOTE: THE PRICE APPLICABLE TO AN INDIVIDUAL ORDER
IS THE PRICE FOR THE CONTRACT YEAR IN WHICH THE
ORDER IS ISSUED. THE DELIVERY DATE OF THE ORDER
DOES NOT DETERMINE THE CONTRACT YEAR.
SUPPLIES OR SERVICES AND PRICES/COSTS:
IN THE FOUR DIGIT ITEM NUMBERS(CLINS) THAT
FOLLOW, THE NUMBERING SYSTEM THAT IS USED IS AS
FOLLOWS:
THE FIRST THREE DIGITS SIGNIFY ITEM AND THE
FOURTH (LAST) DIGIT SIGNIFIES THE APPLICABLE
ORDERING YEAR, i.e., CLIN 0011 IS ITEM ONE FOR
THE FIRST ORDERING YEAR, 0012 IS ITEM ONE FOR THE
SECOND ORDERING YEAR, ITEM 0013 IS ITEM ONE FOR
THE THIRD ORDERING YEA.
THE INFORMATION PRESENTED ABOVE APPLIES TO EACH
MAIN SUPPLIES CLIN AS FOLLOWS:
0011 & 0012 PRODUCTION QUANTITY - Strip Stock
Rubber Material - 10L/0158
ESTIMATED 2-YEAR QUANTITY: 300,0000 LBS
0021 & 0022 - PRODUCTION QUANTITY - Strip Stock
Rubber Material - RR-11
ESTIMATED 2-YEAR QUANTITY: 300,000 LBS
This contract will be a firm-fixed price, two year
Requirements Contract.
4 50
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
(End of narrative A001)
0011 10L/0158 FIRST ORDERING PERIOD EST. 150000 EA $ $ ______________________________ ______________ __________________
COMMODITY NAME: STRIP STOCK RUBBER MATERIAL
CLIN CONTRACT TYPE:
Firm Fixed Price
Packaging and Marking _____________________
PACKAGING/PACKING/SPECIFICATIONS:
SEE PACKAGING REQUIREMENTS CLAUSE
LEVEL PRESERVATION: Commercial
LEVEL PACKING: Commercial
Inspection and Acceptance _________________________
INSPECTION: Destination ACCEPTANCE: Destination
Deliveries or Performance _________________________
FOB POINT: Destination
SHIP TO:_________
DoDAAC - W911RQ
Red River Army Depot
DLA-LMP-AQ
DDRR BLDG 552 North
10th Street and H Avenue
Texarkana, TX 75507-5000
TEL: 903-334-4556
(End of narrative F001)
5 50
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
0012 10L/0158 - SECOND ORDERING PERIOD EST. 150000 EA $ $ _________________________________ ______________ __________________
COMMODITY NAME: STRIP STOCK RUBBER MATERIAL
CLIN CONTRACT TYPE:
Firm Fixed Price
Packaging and Marking _____________________
PACKAGING/PACKING/SPECIFICATIONS:
SEE PACKAGING REQUIREMENTS CLAUSE
LEVEL PRESERVATION: Commercial
LEVEL PACKING: Commercial
Inspection and Acceptance _________________________
INSPECTION: Destination ACCEPTANCE: Destination
Deliveries or Performance _________________________
FOB POINT: Destination
SHIP TO:_________
DoDAAC - W911RQ
Red River Army Depot
DLA-LMP-AQ
DDRR BLDG 552 North
10th Street and H Avenue
Texarkana, TX 75507-5000
TEL: 903-334-4556
(End of narrative F001)
6 50
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
0021 RR-11 FIRST ORDERING PERIOD EST. 150000 EA $ $ ___________________________ ______________ __________________
COMMODITY NAME: STRIP STOCK RUBBER MATERIAL
CLIN CONTRACT TYPE:
Firm Fixed Price
Packaging and Marking _____________________
PACKAGING/PACKING/SPECIFICATIONS:
SEE PACKAGING REQUIREMENTS CLAUSE
LEVEL PRESERVATION: Commercial
LEVEL PACKING: Commercial
Inspection and Acceptance _________________________
INSPECTION: Destination ACCEPTANCE: Destination
Deliveries or Performance _________________________
FOB POINT: Destination
SHIP TO:_________
DoDAAC - W911RQ
Red River Army Depot
DLA-LMP-AQ
DDRR BLDG 552 North
10th Street and H Avenue
Texarkana, TX 75507-5000
TEL: 903-334-4556
(End of narrative F001)
7 50
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
0022 RR-11 SECOND ORDERING PERIOD EST. 150000 EA $ $ ____________________________ ______________ __________________
COMMODITY NAME: STRIP STOCK RUBBER MATERIAL
CLIN CONTRACT TYPE:
Firm Fixed Price
Packaging and Marking _____________________
PACKAGING/PACKING/SPECIFICATIONS:
SEE PACKAGING REQUIREMENTS CLAUSE
LEVEL PRESERVATION: Commercial
LEVEL PACKING: Commercial
Inspection and Acceptance _________________________
INSPECTION: Destination ACCEPTANCE: Destination
Deliveries or Performance _________________________
FOB POINT: Destination
SHIP TO:_________
DoDAAC - W911RQ
Red River Army Depot
DLA-LMP-AQ
DDRR BLDG 552 North
10th Street and H Avenue
Texarkana, TX 75507-5000
TEL: 903-334-4556
(End of narrative F001)
8 50
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
Red River Army Depot, Rubber Products Branch has a need for a requirements contract to supply rubber strip stock to rubberize Track
Shoes. The contract will consist of two ordering periods. The materials are identified below with their internal production numbers and classification NSNs.
10L/0158 Strip Stock:
Year One: 150,000 LBS (POP: June 2017 June 2018)
Year Two: 150,000 LBS (POP: June 218 June 2019)
RR-11 Strip Stock:
Year One: 150,000 LBS (POP: June 2017 June 2018)
Year Two: 150,000 LBS (POP: June 2018 June 2019)
The Materials need to conform to the testing specs listed in Section M. Failure to pass the testing means it does not conform and will not be accepted.
*** END OF NARRATIVE C0001 ***
9 50
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
PACKAGING AND MARKING
Standard commercial shipping is desired. Containers used shall be suitable for handling by forklift and be constructed to protect the contents against damage during shipment. The strips shall be coated with zinc stearate or equivalent to prevent adhesion between layers.
Upon award of a contract, all shipments shall be delivered using a refrigerated truck.
*** END OF NARRATIVE D0001 ***
10 50
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
DELIVERIES OR PERFORMANCE
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.211-17 DELIVERY OF EXCESS QUANTITIES SEP/1989
2 52.242-17 GOVERNMENT DELAY OF WORK APR/1984
3 52.247-34 F.O.B. DESTINATION NOV/1991
4 52.211-16 VARIATION IN QUANTITY APR/1984
(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.
(b) The permissible variation shall be limited to:
10 Percent increase
10 Percent decrease
This increase or decrease shall apply to EACH LINE ITEM.
(End of Clause)
5 52.247-4456 LONG TERM CONTRACTS - FOB DESTINATION OCT/1999
(TACOM)
For the purpose of offerors compiling FOB Destination offers, the final destination for the supplies will be one or more of the following destinations; in the following estimated percentages, if listed:
100% to:
RED RIVER ARMY DEPOT
DLA-LMP-AQ
DDRR BLDG 552 NORTH
10TH STREET AND H AVENUE
TEXARKANA TX 75507-5000
TEL: 903-334-4556
(End of Clause)
11 50
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT ADMINISTRATION DATA
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS MAY/2013
(a) Definitions. As used in this clause--
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this
Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the
WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer
Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
-1-
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
-2-
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in
WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC -3-
Issue By DoDAAC -4-
Admin DoDAAC -5-
Inspect By DoDAAC -6-
Ship To Code -7-
Ship From Code -8-
Mark For Code -9-
Service Approver (DoDAAC) -10-
Service Acceptor (DoDAAC) -11-
Accept at Other DoDAAC -12-
LPO DoDAAC -13-
DCAA Auditor DoDAAC -14-
Other DoDAAC(s) -15-
12 50
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email
Notifications" field of WAWF once a document is submitted in the system.
-16-
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
-17-
(2) For technical WAWF help, contact the WAWF helpdesk at 866-
618-5988.
(End of clause)
2 252.204-0005 PAYMENT INSTRUCTIONS FOR THE DEFENSE FINANCE AND ACCOUNTING SERVICE SEP/2009
(DFARS PGI) (DFAS) - Line Item Specific: by Cancellation Date
The payment office shall make payment using the ACRN with the earliest cancellation date first, exhausting all funds in that ACRN before disbursing funds from the next. In the event there is more than one ACRN associated with the same cancellation date, the payment amount shall be disbursed from each ACRN with the same cancellation date in the same proportion as the amount of funding obligated for each
ACRN with the same cancellation date.
[End of Clause]
13 50
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT CLAUSES
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.203-3 GRATUITIES APR/1984
2 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY/2011
3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2016
4 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2016
5 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH OCT/2015
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
6 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS APR/2008
7 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES FEB/1997
8 52.222-37 EMPLOYMENT REPORTS ON VETERANS FEB/2016
9 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS DEC/2010
ACT
10 52.222-60 PAYCHECK TRANSPARENCY (EXECUTIVE ORDER 13673) OCT/2016
11 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING AUG/2011
12 52.227-1 AUTHORIZATION AND CONSENT DEC/2007
13 52.229-6 TAXES--FOREIGN FIXED-PRICE CONTRACTS FEB/2013
14 52.232-11 EXTRAS APR/1984
15 52.232-17 INTEREST MAY/2014
16 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT JUL/2013
17 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC/2013
18 52.242-13 BANKRUPTCY JUL/1995
19 52.244-5 COMPETITION IN SUBCONTRACTING DEC/1996
20 52.253-1 COMPUTER GENERATED FORMS JAN/1991
21 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL DEC/2012
22 252.204-7000 DISCLOSURE OF INFORMATION OCT/2016
23 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992
24 252.204-7006 BILLING INSTRUCTIONS OCT/2005
25 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING OCT/2016
26 252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION MAY/2016
SUPPORT CONTRACTORS
27 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016
28 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS DEC/1991
29 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE OCT/2015
GOVERNMENT OF A TERRORIST COUNTRY
30 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC DEC/2016
31 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS DEC/2016
32 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES DEC/2016
33 252.225-7013 DUTY-FREE ENTRY MAY/2016
34 252.225-7015 RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS JUN/2005
35 252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS JUN/2011
36 252.225-7041 CORRESPONDENCE IN ENGLISH JUN/1997
37 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC SEP/2004
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS
38 252.229-7000 INVOICES EXCLUSIVE OF TAXES OR DUTIES JUN/1997
39 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS JUN/2012
40 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006
41 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991
42 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC/2012
43 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS JUN/2013
44 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT MAR/2008
45 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC APR/2014
46 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR JAN/2017
EXECUTIVE ORDERS--COMMERCIAL ITEMS
(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)
14 50
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
(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:
__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).
___ (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).
___ (ii) Alternate I (JAN 2011) of 52.219-4.
___ (13) [Reserved]
___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011) of 52.219-6.
___ (iii) Alternate II (Nov 2011) of 52.219-6.
___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
__x_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
_x__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
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___ (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 Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Dec 2015)
(15 U.S.C. 637(m)).
___ (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Dec
2015) (15 U.S.C. 637(m)).
_x__ (25) 52.222-3, Convict Labor (June 2003)(E.O. 11755).
_x__ (26) 52.222-19, Child LaborCooperation 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 (Sep 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 Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Feb
2016)(38 U.S.C. 4212).
_x__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_x__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) 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.
_x__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 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.)
___ (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[supreg]-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
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___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (41)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
___ (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[supreg]-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
__x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
___ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
___ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).
___ (47))(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (JAN 2017) of 52.224-3.
___ (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.
___ (ii) Alternate I (MAY 2014) of 52.225-3.
___ (iii) Alternate II (MAY 2014) of 52.225-3.
___ (iv) Alternate III (MAY 2014) of 52.225-3.
_x__ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (51) 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).
___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (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)).
_x__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
___ (57) 52.232-33, Payment by Electronic Funds Transfer -- Central Contractor Registration (Jul 2013)(31 U.S.C. 3332).
___ (58) 52.232-34, Payment by Electronic Funds Transfer -- Other Than Central Contractor Registration (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).
___ (61) 52.242-5, Payments 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).
___ (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:
17 50
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___ (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) (Executive Order 13658).
___ (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 Contractors directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR
Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of
Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.
(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 (Sep 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
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(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
(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. 7104(g)).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 7104(g)).
(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).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658).
(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 (Jul 2013) (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 paragraph (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.
(End of Clause)
47 52.216-19 ORDER LIMITATIONS OCT/1995
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 lbs, 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 150,000 lbs. for 10L/0150 and 150,000 lbs. for RR-11.
(2) Any order for a combination of items in excess of 150,000 lbs. for 10L/0150 and 150,000 lbs. for RR-11.
19 50
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(3) A series of orders from the same ordering office within 30 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 15 days after issuance, with written notice stating the Contractors 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.
(End of Clause)
48 52.216-21 REQUIREMENTS OCT/1995
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or
"maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the
Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the
Contractor shall not be required to make any deliveries under this contract after Three and one-half years after contract award.
(End of Clause)
49 52.229-7 TAXES--FIXED-PRICE CONTRACTS WITH FOREIGN GOVERNMENTS FEB/2013
(a) Contract date, as used in this clause, means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.
(b)(1) The contract price, including the prices in any subcontracts under this contract, does not include any tax or duty that the
Government of the United States and the Government of -1- have agreed shall not apply to expenditures made by the United States in -2-, or any tax or duty not applicable to this contract or any subcontracts under this contract, pursuant to the laws of -2-. If any such tax or duty has been included in the contract price, through error or otherwise, the contract price shall be correspondingly reduced.
(2) Taxes imposed under 26 U.S.C. 5000C may not be included in the contract price.
(c) If, after the contract date, the Government of the United States and the Government of -1- agree that any tax or duty included in the contract price shall not apply to expenditures by the United States in -2-, the contract price shall be reduced accordingly.
(d) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.
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(End of Clause)
50 252.216-7006 ORDERING MAY/2011
(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 the date of contract award through two years from the date of contract award.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c)(1) If issued electronically, the order is considered "issued" when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
(End of Clause)
51 52.222-35 EQUAL OPPORTUNITY FOR VETERANS OCT/2015
(a) Definitions. As used in this clause--
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran,"
"qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the
Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract
Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of clause)
52 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUL/2014
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of
Labor, to enforce the terms, including action for noncompliance.
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