W911N2-18-R-0014_.PDF
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SEE ADDENDUM
(No Collect Calls)
W911N2-18-R-0014 06-Feb-2018
b. TELEPHONE NUMBER
717-267-5821
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 27 Feb 2018
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W911N29. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
TOM R. ALBRECHT
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
W25G1Q8010R010
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
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
LETTERKENNY ARMY DEPOT
LETTERKENNY CONTRACTING OFFICE - ACC
1 OVERCASH AVENUE, ATTN: CCAM-ALK, BLDG 2S
CHAMBERSBURG PA 17201-4150
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W91FVA 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
DIRECTORATE OF INDUSTRIAL OPERATIONS
MIKE LOCKWOOD
LETTERKENNY ARMY DEPOT
CHAMBERSBURG PA 17201-4150
TEL: FAX:
717-2679834FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,500
NAICS:
336350
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF49
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
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
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W911N2-18-R-0014
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
0001 88 Lot
REMAN POWER PACK
FFP
IAW Paragraph 5.2.1 of the Performance Work Statement.
FOB: Destination
PURCHASE REQUEST NUMBER: W25G1Q8010R010
ESTIMATED
NET AMT
UNIT UNIT PRICE ESTIMATED AMOUNT
0002 78 Lot
COMPLETE POWER PACK REMAN
FFP
IAW Paragraph 5.2.2 of the Performance Work Statement
UNIT UNIT PRICE ESTIMATED AMOUNT
0003 65 Lot
REMAN POWER PACK WITH ENGINE UPGRADE
FFP
IAW Paragraph 5.2.3 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
0004 5 Lot
ENGINE OVERHAUL (6.5L OR 6.5L DETUNED)
FFP
IAW Paragraph 5.2.4 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
0005 5 Lot
ENGINE OVERHAUL (6.56L TURBO)
FFP
IAW Paragraph 5.2.5 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
0006 1 Each Contractor Manhour Reporting (CMR)
FFP
IAW Paragraph 5.3, the contractor shall report all labor (including subcontractors) required for the performance of this contract.
UNIT UNIT PRICE ESTIMATED AMOUNT
1001 88 Lot
OPTION REMAN POWER PACK
FFP
IAW Paragraph 5.2.1 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
1002 24 Lot
OPTION COMPLETE POWER PACK REMAN
FFP
IAW Paragraph 5.2.2 of the Performance Work Statement
UNIT UNIT PRICE ESTIMATED AMOUNT
1003 34 Lot
OPTION REMAN POWER PACK WITH ENGINE UPGRADE
FFP
IAW Paragraph 5.2.3 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
1004 5 Lot
OPTION ENGINE OVERHAUL (6.5L OR 6.5L DETUNED)
FFP
IAW Paragraph 5.2.4 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
1005 5 Lot
OPTION ENGINE OVERHAUL (6.56L TURBO)
FFP
IAW Paragraph 5.2.5 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
1006 1 Each OPTION Contractor Manhour Reporting (CMR)
FFP
IAW Paragraph 5.3, the contractor shall report all labor (including subcontractors)
UNIT UNIT PRICE ESTIMATED AMOUNT
2001 54 Lot
OPTION REMAN POWER PACK
FFP
IAW Paragraph 5.2.1 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
2002 18 Lot
OPTION COMPLETE POWER PACK REMAN
FFP
IAW Paragraph 5.2.2 of the Performance Work Statement
UNIT UNIT PRICE ESTIMATED AMOUNT
2003 18 Lot
OPTION REMAN POWER PACK WITH ENGINE UPGRADE
FFP
IAW Paragraph 5.2.3 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
2004 5 Lot
OPTION ENGINE OVERHAUL (6.5L OR 6.5L DETUNED)
FFP
IAW Paragraph 5.2.4 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
2005 5 Lot
OPTION ENGINE OVERHAUL (6.56L TURBO)
FFP
IAW Paragraph 5.2.5 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
2006 1 Each OPTION Contractor Manhour Reporting (CMR)
FFP
IAW Paragraph 5.3, the contractor shall report all labor (including subcontractors)
UNIT UNIT PRICE ESTIMATED AMOUNT
3001 54 Lot
OPTION REMAN POWER PACK
FFP
IAW Paragraph 5.2.1 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
3002 18 Lot
OPTION COMPLETE POWER PACK REMAN
FFP
IAW Paragraph 5.2.2 of the Performance Work Statement
UNIT UNIT PRICE ESTIMATED AMOUNT
3003 18 Lot
OPTION REMAN POWER PACK WITH ENGINE UPGRADE
FFP
IAW Paragraph 5.2.3 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
3004 5 Lot
OPTION ENGINE OVERHAUL (6.5L OR 6.5L DETUNED)
FFP
IAW Paragraph 5.2.4 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
3005 5 Lot
OPTION ENGINE OVERHAUL (6.56L TURBO)
FFP
IAW Paragraph 5.2.5 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
3006 1 Each OPTION Contractor Manhour Reporting
FFP
IAW Paragraph 5.3, the contractor shall report all labor (including subcontractors)
UNIT UNIT PRICE ESTIMATED AMOUNT
4001 88 Lot
OPTION REMAN POWER PACK
FFP
IAW Paragraph 5.2.1 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
4002 78 Lot
OPTION COMPLETE POWER PACK REMAN
FFP
IAW Paragraph 5.2.2 of the Performance Work Statement
UNIT UNIT PRICE ESTIMATED AMOUNT
4003 65 Lot
OPTION REMAN POWER PACK WITH ENGINE UPGRADE
FFP
IAW Paragraph 5.2.3 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
4004 5 Lot
OPTION ENGINE OVERHAUL (6.5L OR 6.5L DETUNED)
FFP
IAW Paragraph 5.2.4 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
4005 5 Lot
OPTION ENGINE OVERHAUL (6.56L TURBO)
FFP
IAW Paragraph 5.2.5 of the Performance Work Statement.
UNIT UNIT PRICE ESTIMATED AMOUNT
4006 1 Each OPTION Contracot Manhour Reporting (CMR)
FFP
IAW Paragraph 5.3, the contractor shall report all labor (including subcontractors)
SOLICITATION NOTES
1. System for Award Management (SAM): In accordance with FAR 4.1102, Offerors shall be registered in the SAM database in order to be eligible for contract award. No award will be made to an Offeror not registered.
Registration can be accomplished at https://www.sam.gov/portal/public/SAM/. Registration in this database shall remain active.
2. Annual Representations and Certifications: In accordance with FAR 4.1201, Offerors shall complete electronic annual representations and certifications within SAM as part of required registration. Registration in this database shall remain active and can be accessed at https://www.sam.gov/portal/public/SAM/.
3. Questions: Questions regarding this solicitation shall be submitted to the Contracting Officer, in writing, at least 10 calendar days prior to the closing date. Questions submitted after this time will be answered at the discretion of the Contracting Officer. The Contracting Officer for this action is Claudette Lyons, claudette.r.lyons.civ@mail.mil.
4. Award without Discussions: The Government intends to award without discussions, offerors should submit their best prices in their initial offer. If FAR Provision 52.212-2, Evaluation-Commercial Items, is included, Offerors must submit all information requested therein in order for the Government to determine technical acceptability.
5. Amendments: The Offeror shall submit to the Contracting Officer signed copies of all amendments issued to this solicitation. Failure to comply may cause your proposal to be rejected.
6. Payment: Payment for this action will be made by Electronic Funds Transfer (EFT) through the Defense Finance and Accounting Services (DFAS) utilizing Wide Area Work Flow (WAWF). See 252.232-7006 for more information.
7. Period for Acceptance of Offers: The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.
8. Type of Contract: The type of contract resulting from this solicitation is specified in FAR Provision 52.216-1, Type of Contract. For Indefinite Delivery/Indefinite Quantity (IDIQ) or Requirements contracts all quantities are estimated and individual task orders shall be issued citing specific quantities and delivery dates. Payment will be made on actual quantities serviced.
9. Proposals: Proposals shall be signed by an authorized individual in accordance with FAR 4.102, Contractor’s Signature. Failure to comply may cause your proposal to be rejected. Offerors should mark each page of their proposal as "Proprietary Information" if they want it treated as Proprietary Information under the Procurement Integrity Act.
10. Set- Aside: The proposed contract is 100% set-aside for small business concerns.
11. FOB Destination: Unless otherwise stated in the solicitation, Offerors shall provide FOB Destination prices.
12. Contact Information: A Contracting Officer's Represntative will be appointed at the time of award. The successful Offeror will be furnished the COR name and contact information at the time of contract award.
13. Site Visit: A site visit is scheduled for February 20, 2018, 10:00 AM Eastern Daylight Time. Site visit attendance is urged but is not mandatory; however, failure to attend a site visit shall not be a reason for price increases to the contract after contract award. Submit the names of all attendees to Tom Albrecht:
tommy.r.albrecht.civ@mail.mil, (717) 267-5821. Submit this information no later than February 15, 2018 at 10:00 AM. Offerors who do not submit this information will not be given access to the site. All attendees will meet at Building 2S, Directorate of Contracting, 1 Overcash Avenue, Letterkenny Army Depot, Chambersburg, PA.
Offerors are required to obtain a visitor’s pass from the Badge Office, Building 2 South, located beside the Contracting Office, prior to arriving at the Contracting Office. Please allow at least 45 minutes for this process. You must provide a current picture identification, vehicle registration and proof of insurance to obtain a pass. The documentation you receive with your visitor pass must remain with you during the site visit and returned after the site visit and prior to departure of the Depot. **NOTE: FOR THIS SITE VISIT, PLEASE WEAR STEEL TOED
SHOES, HEARING PROTECTIONS AND SAFETY GLASSES.
14. AMC-Level Protest Program: Prior to submitting an agency protest, it is preferable that you first attempt to resolve your concerns with the responsible contracting officer. However, you may also file a protest to the Headquarters (HQ), Army Materiel Command (AMC). The HQ AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accountability Office (GAO), or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 35 calendar days from filing. To be timely, protests must be filed within the periods specified in Federal Acquisition Regulation 33.103. If you want to file a protest under the HQ AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below.
Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or email usarmy.redstone.usamc.mbx.protests@mail.mil
The AMC-level protest procedures are found at:
www.amc.army.mil/amc/commandcounsel.html
If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government
4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 POP 01-MAR-2018 TO
28-FEB-2019
N/A DIRECTORATE OF INDUSTRIAL
OPERATIONS
MIKE LOCKWOOD
LETTERKENNY ARMY DEPOT
CHAMBERSBURG PA 17201-4150
W91FVA
0002 POP 01-MAR-2018 TO
28-FEB-2019
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-MAR-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-MAR-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-MAR-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 01-MAR-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-MAR-2019 TO
29-FEB-2020
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1006 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-MAR-2020 TO
28-FEB-2021
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2006 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-MAR-2021 TO
28-FEB-2022
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
3006 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-MAR-2022 TO
28-FEB-2023
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-MAR-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 01-MAR-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 01-MAR-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 01-MAR-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
4006 POP 01-MAR-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-3 Alt I Offeror Representations and Certifications--Commercial
Items (NOV 2017) Alternate I
OCT 2014
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.219-4 Alt I Notice of Price Evaluation preference for HUBZone Small
Business Concerns (JAN 2011) Alternate I
JAN 2011
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-1 Biobased Product Certification MAY 2012
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.232-33 Payment by Electronic Funds Transfer--System for Award Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.243-1 Changes--Fixed Price AUG 1987 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7022 Representation Of Extent Of Transportation Of Supplies By
Sea
AUG 1992
252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
CLAUSES INCORPORATED BY FULL TEXT
52.211-8 TIME OF DELIVERY (JUN 1997)
(a) The Government requires delivery to be made according to the following schedule:
REQUIRED DELIVERY SCHEDULE
The Contractor shall make deliveries within 14 days after receipt of a delivery order.
The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.
OFFEROR'S PROPOSED DELIVERY SCHEDULE
Within Days
After Date
Item No. Quantity of Contract
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.
(End of clause)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF
1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.
Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) 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. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
ADDENDUM TO FAR 52.212-2, BASIS OF AWARD:
A. General Information:
1. The basis of award will be the Lowest Priced, Technically Acceptable offer. Offerors must receive a rating of Technically Acceptable in all factors/subfactors in order for their overall proposal to be determined Technically Acceptable.
2. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, and technical requirements.
3. The Government intends to make award without discussions, unless the Contracting Officer determines that discussions are necessary. Offerors should provide their most favorable prices in their initial offers.
B. Non-Price Evaluation Factors and Subfactors:
1. Factor 1- Technical:
(a) Subfactor 1 Capability Statement: The contractor shall provide a statement demonstrating their capabilities to perform the repair and remanufacturing services listed in the Requirements section (5.0) and the Deliverables section of the Performance Work Statement. The Capability Statement shall demonstrate that the contractor has reviewed the requirements and quantities, and that they are able to meet that requirement. Capability statements shall come in the form of a narrative with supporting equipment lists, staffing levels, facility descriptions and other information to clearly demonstrate understanding of the requirement and ability to perform.
(b) Subfactor 2 Past Experience: The offeror shall provide documentation demonstrating that they are either an authorized rebuild center for Allison and Caterpillar (OEM) transmissions, or that they have past experience performing similar services on transmissions of the same size and complexity. All documentation must provide objective evidence that validates the rebuild process, parts, testing and service is equal to or exceeds that of the various OEM specifications and authorization standards. The offeror shall provide at least 3 examples of past experience for similar or “like” services performed within the last five years. Examples shall be in the form of narratives detailing the scope of work performed on similar projects. The offeror may additionally include brochures, invoices, photographs or any other source material that demonstrates experience.
(c) Subfactor 3 ISO Certification: The offeror shall provide a current certificate of registration, from an accredited certification body, demonstrating the contractor's ISO 9001:2008 (or newer) Certification or provide documentation they are in the process of becoming ISO 9001:2008 (or newer) certified.
Documentation shall be in the form of a contract, a sales receipt or confirmation from the accredited certification body confirming that certification is in process. Offerors shall be ISO 9001:2008 certified (or newer) prior to award. No later than three days before contract award offerors shall provide the current certificate of registration in order to be eligible for award. If unable to provide the certificate of registration offerors will be deemed ineligible for contract award.
(d) Subfactor 4 Dynamometer Test Reports: The contractor shall provide at least one (1) example of a dynamometer test report performed for “like” or similar services as outlined in the Performance Work Statement (PWS).
(e) Subfactor 5 Transportation & DD form 1149: The contractor shall provide documentation showing samples of completed DD1149 for similar services, reference 5.2.7.10 of the PWS. The offeror shall provide a statement that they can comply with the 14 calendar day delivery time.
C. Price Evaluation Factor: Offerors shall complete the Schedule B with pricing for each Contract Line Item Number (CLIN).
D. Proposals will be evaluated initially independently of the price to determine the Offerors’ ability to meet the Government’s requirement set forth in the solicitation. The Government may make a final rating determination based on the proposal as submitted without requesting any further information. For all proposals determined to be Technically Acceptable, the offer providing the lowest price will receive the contract award.
1. Offerors’ technical proposals will receive an overall rating based on the following:
(a) Technically Acceptable: Offeror meets all requirements or technical specifications or has submitted all documentation requested in any technical evaluation criteria and all documentation meets the standard set forth in the solicitation.
(b) Technically Unacceptable: Offerer fails to meet all requirements or technical specifications or has failed to comply in submitting requested documentation in any technical evaluation criteria or the submitted documentation fails to meet the standard set forth in the solicitation.
2. Evaluation of past performance will be performed only on proposals that receive a technically acceptable rating on technical evaluation factors. Offerors’ past performance information will receive an overall rating based on the following:
(a) Acceptable: Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown. An
Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, shall be determined to have unknown past performance. In the context of acceptability or unacceptability, “unknown” shall be considered “acceptable.”
(b) Unacceptable: Based on the Offeror’s performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.
(End of Addendum)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 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.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(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) xx (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).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 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).
(xviii) 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.
(xix) 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)
CLAUSES INCORPORATED BY FULL TEXT
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Priced Requirements contract resulting from this solicitation.
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, 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 1;
(2) Any order for a combination of items in excess of 15; or
(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (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 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
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.
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