Solicitation_Leased_vehicle_BPA.pdf

TERMS AND CONDITONS

TERMS AND CONDITIONS

BLANKET PURCHASE AGREEMENT (BPA)

RENTAL VEHICLES

1. NEGOTIATION AUTHORITY: The issuance of individual call orders under this BPA will be made under the authority of 10 USC 2304(g).

2. DESCRIPTION OF AGREEMENT: This Agreement is offered for the lease/rental of vehicles on the APPROVED PRICE LIST (see SUPPLIES SCHEDULE) covers when, and if, the Contracting Officer or appointed representative calls during the delivery period specified.

(a) Either party may modify or cancel this Agreement, including paragraphs a and b hereof, in its entirety upon thirty (30) days written notice to the other party, except that the Government may cancel this Agreement at any time if the parties fail to agree upon any deletion, amendment, or addition of a statute, Executive order, the FAR and/or this Supplement requires. No deletion, modification, addition to, or cancellation of this Agreement shall affect any contracts therefore entered into between the parties in which this Agreement or portion thereof has been incorporated by reference.

(b) This Agreement shall be reviewed, as a minimum, annually before the anniversary of its effective date and revised to conform with all requirements of statues, Executive orders, or the FAR and this Supplement. An agreement modifying this BPA or the issuance of a superseding BPA shall evidence this revision.

3. EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized call orders actually placed against this Agreement and shall not be liable in any manner in the event no call orders are made.

4. PRICING: The Contractor will furnish the Contracting Officer (see the address in Block 6 of the DD Form 1155 at page 1 of the BPA) a price list for items he proposes to furnish under this Agreement. The listing must be identified with the BPA number, and must be for a specific period, i.e. 01 May 2011 through 30 April 2014. No price changes may be made unless the Contracting Officer approves. If prices are expected to change frequently, the Contractor must provide monthly price lists to the Contracting Office prior to the effective date of the change. Call orders will be made only for the items appearing on the APPROVED PRICE LIST. Only the Contracting Officer will conduct negotiations or solicitation for prices and additional requirements.

NOTE: Contractor hereby warrants the prices offered to the Government shall be as low, or lower, than those charged to the Contractor’s most favored customers, for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment.

5. PURCHASE (CALL) LIMITATION: No individual purchase (call order) placed against this agreement shall exceed $60,000.00. The Government reserves the right to issue a call order in excess of $25,000.00 for payment via Wide Area Workflow with prior approval from the Contracting Officer. The Government Purchase Card limit is not to exceed $25,000.00.

6. NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS: The Contracting Officer will furnish the contractor a list of individuals authorized to purchase under this BPA, identified by title or position, or by name of individual, organizational component, and the dollar limitation per purchase for each position title or individual by separate letter. The Contractor shall not honor call orders received from personnel not so listed nor will the Government accept any resultant deliveries.

7. DELIVERY TICKETS: The Delivery Ticket or Sales Slip shall contain the following minimum information and shall accompany all shipments or deliveries under this Agreement:

a. Name of supplier;

b. Blanket Purchase Agreement number and purchase number (call number) (such as W911S8-11-A-0001, 0001). The last four digits represent the call order number;

c. Date or purchase (call order);

d. Itemized list of supplies furnished;

e. Quantity, unit price, and extension of each item less applicable discounts;

f. Date of delivery or shipment;

g. Name of individual placing call order.

8. INVOICES: A summary invoice shall be submitted at least monthly or upon expiration of this Agreement, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipted copies of the delivery tickets.

9. CALLS: Call Orders will be made orally or by informal correspondence. Contractor personnel receiving such calls verbally should assure themselves that sufficient information is obtained to prepare the delivery ticket as required by paragraph 7 of this Agreement.

10. DELIVERIES:

a. Deliveries will be accepted Monday through Friday from 7:30 AM until 4:00 PM (except for emergencies).

On large quantities the contractor should schedule vehicle off-loading to occur during hours as indicated.

b. Partial deliveries of items or call orders will not be accepted unless otherwise specified.

SPECIAL SOLICITATION NOTICE

This solicitation is restricted to businesses with branches/offices located within a 50-mile radius of Joint Base Lewis-McChord (JBLM), WA 98433 only. Quotes from vendors outside that radius will not be considered for award. This solicitation will result in a firm fixed-price Blanket Purchase Agreement for 36 months from award date.

Offers from all capable and responsible sources within 50-miles of JBLM will be considered. Vendors offering a response to this notice should ensure registration in the System for Award Management (www.sam.gov) prior to submission of offers for consideration.

SUPPLIES SCHEDULE

http://www.sam.gov/

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Compact Sedans-BPA

FFP

Compact Sedans for Commercial Leased Vehicles BPA FOB: Destination

0001AA 60 Each Daily Charge

FFP

0001AB 60 Each Weekly Charge

0001AC 60 Each Monthly Charge

7 Pax Vans-BPA

FFP

7 Pax Vans for Commercial Leased Vehicles BPA

0002AA 72 Each Daily Charge

0002AB 72 Each Weekly Charge

0002AC 72 Each Monthly Charge

12/15 Pax Vans-BPA

FFP

12/15 Pax Vans for Commercial Leased Vehicles BPA

PURCHASE REQUEST NUMBER: W800D810681801

0003AA 120 Each Daily Charge

0003AB 120 Each Weekly Charge

0003AC 120 Each Monthly Charge

4X2x4 Pick Up Trucks-BPA

FFP

4X2/4X4 Pick Up Trucks for Commercial Leased Vehicles BPA

0004AA 120 Each Daily Charge

0004AB 120 Each Weekly Charge

0004AC 120 Each Monthly Charge

SUV's-BPA

FFP

SUV's for Commercial Leased Vehicles BPA

0005AA 36 Each Daily Charge

0005AB 36 Each Weekly Charge

0005AC 36 Each Monthly Charge

26' Box Trucks-BPA

FFP

16' Box Trucks for Commercial Leased Vehicles BPA

0006AA 36 Each Daily Charge

0006AB 36 Each Weekly Charge

0006AC 36 Each Monthly Charge

Cargo Vans

FFP

Cargo Vans for Commercial Leased Vehicles BPA

0007AA 60 Each Daily Charge

0007AB 60 Each Weekly Charge

0007AC 60 Each Monthly Charge

FSC & BPA

BPA Master Dollar Limit: $500,00.00 BPA Call Limit: $60,000.00

Period of Performance: 02 March 2018 to 28 February 2023

FSC Codes:

W023

STATEMENT OF WORK

STATEMENT OF WORK

LEASE OF VEHICLES

FOR THE

TRANSPORTATION MOTOR POOL BRANCH

ON

JOINT BASE LEWIS-MCCHORD (JBLM), WASHINGTON

1. Vehicles which are provided in support of this contract shall not be any older than three (3) years of age.

2. Transportation Motor Pool Point of Contact (TMP/POC) will coordinate with the providing Vendor a joint inspection of all of the vehicles provided to the JBLM Motor Pool under said purchase order and will take place at that time; the Government POC will then sign for vehicles that are acceptable.

3. Each vehicle shall have a full tank of fuel at the time the vehicle is received by the TMP Unit POC.

4. Government will ensure each vehicle has a full tank of fuel upon return of vehicles back to the Vendor.

5. Government will return vehicles to the Vendor’s rental lot location upon early return or completion of requirement.

6. Vendor shall have a representative on site at the JBLM Motor Pool location attached to said purchase order within a day after receipt of a phone call from the TMP POC for clarification and coordination purposes.

7. TMP POC will provide a three (3) calendar days’ notice of any changes to the quantity of vehicles required of a line item or cancellation of any line item before the start date of said line item.

8. Vendor will be given three (3) calendar days’ notice of any early turn-in of vehicles after the start date of the rental agreement of said line items.

9. Any damage or loss of vehicle shall be reported to the Contacting Office within three (3) calendar days. There shall be no payment by the Government for loss of use of any vehicle provided under this contract in the event the vehicle is damaged, lost, or stolen while in the Government’s possession even if the Government is responsible for payment for such damage or for the value of any vehicle which is lost or stolen.

10. Upon return of any vehicles prior to the specified return date in a line item description, the Vendor and the Government will negotiate a standard commercial pro-rated close-out charge.

11. The Vendor acknowledges and agrees that the estimated quantities listed in the pricing schedule are for 36 month period.

12. The Government, under no circumstances, will be authorized to utilize the Vendor’s vehicles in any TACTICAL AREA, OFFICIALLY OR UNOFFICIALLY, designated as such.

CLAUSES INCORPORATED BY FULL TEXT

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm http://www.arnet.gov/far

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 52.204-13

System for Award Management System for Award Management Maintenance

OCT 2016

OCT 2016

52.208-4 Vehicle Lease Payments APR 1984 52.208-5 Condition of Leased Vehicles APR 1984 52.208-6 Marking of Leased Vehicles APR 1984 52.208-7 Tagging of Leased Vehicles MAY 1986 52.212-1 Instructions to Offerors – Commercial Items JAN 2017 52.212-2 Evaluation – Commercial Items OCT 2014 52.212-3 Offeror Representations and Certifications – Commercial

Items

NOV 2017

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.213-3 Notice to Suppliers APR 1984 http://farsite.hill.af.mil/vffara.htm http://www.arnet.gov/far

52.232-39 52.246-1

Unenforceability of Unauthorized Obligations Contractor Inspection Requirements

JUN 2013

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7004 Alt A System for Award Management Alternate 1 FEB 2014 252.323-7003

252.323-7006

Electronic Submission of Payment requests and Receiving Reports Wide Area Workflow Payment Instructions

JUN 2013

May 2013

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card

DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Nov 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (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).

XX (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).

___ (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).

___ (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 Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (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.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (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.

___ (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)).

XX (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (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 Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

XX (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). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (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.

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 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).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C.

3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (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:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 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 Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in 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. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

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

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

(B) Alternate I (Jan 2017) of 52.224-3.

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

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

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

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

(End of clause)

SAP SPECIAL INSTRUCTIONS AND TERMS:

MICC, JOINT BASE LEWIS-MCCHORD WA, 98433

SOLICITATION INSTRUCTIONS:

CONTRACTING OFFICER'S AUTHORITY-

The Contracting Officer (KO) at Mission and Installation contracting Office, Joint Base Lewis-McChord is the only person authorized to approve changes or modify any of the requirements under this contract, and notwithstanding anything contained elsewhere in this contract, the said authority remains solely with the KO. In the event the Contractor or contract employee effects any such change at the direction of any person other than the KO, the change will be considered to have been without authority, and no adjustment will be made in the contract price under the Changes clause or any other clause to cover any increase in costs incurred as a result thereof.

(End of Instruction)

AGENCY PROTEST PROCEDURES-

If an interested party have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also officially protest to the contracting officer.

Contract award or performance is suspended during the protest. To be timely, protests must be filed within the periods specified in FAR 33.103. If an interested party has complaints or want to file a protest it must be sent to the address below:

Mission and Installation Contracting Command Chief, Supply and Small Services Branch

BOX 339500, MS 19

JBLM, WA 98433-9500

Facsimile number 253-967-3844 (End of Instruction)

AMC-LEVEL PROTEST PROGRAM-

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, 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 Government Accountability Office 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 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

HQ Army Material Command Office of Command Counsel 9301 Chapek Rd, Room 2-1SE3401 Ft. Belvoir, VA 22060-5527 Facsimile number (703) 806-8866 or 8875 Packages sent by FedEx or UPS should be addressed to:

W911S8-14-P-0016 HQ Army Material Command Office of Command Counsel Room 2-1SE3401 1412 Jackson Loop Ft. Belvoir, VA 22060-5527 The AMC-Level Protest procedures are found at: http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp.

If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

(End of Instruction)

QUOTES-

Quotes MUST be good for 30 days after Request for Quote closing date.

(End of Instruction)

QUOTE CLARIFICATIONS-

Questions concerning this quote must be submitted at least 5 days prior to the established closing date to reasonably expect a response from the Government. Those questions not received within the proscribed date may not be considered.

(End of Instruction)

CONTACT INFORMATION-

Contact ClientServices @ FedBid.com or call 1-877-9FEDBID to address any questions for quotes utilizing FedBid. Contact the specialist listed in the solicitation to address any questions concerning any other request for quotes.

NO MULTIPLE AWARDS-

Quotes must be submitted per unit price. Multiple awards will not be made; therefore, quotes that cover less than all the items and quantities in this solicitation will be rejected as non-responsive.

(End of Instruction)

EVALUATION OF QUOTES: LOWEST PRICE TECHICALLY ACCEPTABLE-

In order to enhance the efficiency of the procurement process, the Government intends to evaluate only the lowest priced quote to determine if the quote is technically acceptable and whether the vendor has acceptable or neutral past performance. If the lowest priced quote is reasonably priced and technically acceptable and the vendor has acceptable or neutral past performance, the Government intends to make an award to that vendor and no other quote will be evaluated. If the lowest priced offer is not technically acceptable, the vendor does not have acceptable or neutral past performance, or both, then the Government will evaluate the second lowest priced quote for technical acceptability and acceptable or neutral past performance. This method will continue until the lowest priced, technically acceptable quote, by a vendor with acceptable or neutral past performance, is determined. Quotes will be evaluated based on price and technical acceptability. Quoter certifies that the product quoted meets Or exceeds all minimum requirements as stated in the Request for Quotes.

(End of Instruction)

CONTRACT TERMS:

EMPLOYMENT OF ALIENS-

The contractor shall not hire any individual to perform work on Joint Base Lewis-McChord or any other Government installation under this contract unless such individual is a citizen of the United States or is lawfully admitted into the United States and authorized to work in the United States. The contractor shall comply with 8 USC 1324a, 8 CFR Part 274a, and any other laws and regulations pertaining to the employment of aliens. The contractor shall, upon request by the Contracting Officer, present documentary evidence acceptable to the Contracting Officer that the employee(s) named or identified in the request is a citizen of the United States or is lawfully admitted into the United States and authorized to work in the United States. Such documentation shall be presented to the Contracting Officer within three (3) working days after the contractor's receipt of the request for documentation. If acceptable documentary evidence is not provided within the required time, the contractor shall not allow the affected employee(s) to perform work on Fort Joint Base Lewis-McChord or any other Government installation under this contract until after such acceptable documentary evidence is presented to the Contracting Officer. Removal of any employee(s) from performance of work pursuant to this provision shall not relieve the contractor of the responsibility to perform all work under this contract in a timely manner.

(End of Term)

SUPPLY ITEMS-

New equipment/parts only. No remanufactured products.

(End of Term)

CONTRACT PRICE – TAXES-

The contract price includes all applicable Federal, state, and local taxes and duties.

(End of Term)

MULTIPLE DELIVERY LOCATIONS-

Procedures for commercial vehicle access to military installations are varied. To enter the installation, the Contractor should thoroughly comply with the access procedures of a respective installation. The Contractor shall ensure that its drivers, including drivers of subcontractors at any tier, comply with the access procedures enforced by each military installation. The Contractor shall completely coordinate with the military installations and the delivery point of contacts.

(End of Term)

WARRANTY-

The contractor shall stamp or mark the supplies delivered or otherwise furnish notice with the supplies of the existence of a warranty. Markings shall include (i) a brief statement that a warranty exists, (ii) the substance of the warranty, (iii) its duration, and (iv) who to notify if the supplies are found to be defective.

(End of Term)

ORDER FOR SUPPLIES --SHIPPING INSTRUCTIONS-

THE FOLLOWING INFORMATION IS PROVIDED TO ASSIST YOU, AND WILL HELP TO EXPEDITE

PAPERWORK AND PAYMENT.

a. Only one delivery will be accepted against each line item. Backorders will NOT be accepted on individual line items.

b. Deliver on or before date specified. Deliveries will be accepted Monday through Friday (except Holidays) from 7:30 A.M. to 2:30 P.M. to Block 15 of the Purchase Order. Notify the individual in Block 16 of any delay encountered (due to strikes, factory backorders, etc.) and give revised delivery date if possible.

c. Mark outside of all cartons. Put packing list inside cartons. Show the order number assigned, the PR number shown at the end of each item, and the quantity shipped. All items will be identified by the part number by attached tag and/or stamped identification.

d. On direct shipments, have the supplier or manufacturer cite our order number on packages. This eliminates delay caused by trying to determine the firm awarded the original order.

(End of Term)

PERMITS AND LICENSES-

Unless otherwise specified in this contract, the contractor shall obtain any necessary licenses and permits, give all notices, and comply with any applicable Federal, State, County, and municipal laws, codes, and regulations in connection with this award.

(End of Term)

RELEASE OF INFORMATION-

The contractor shall not make news releases or otherwise provide information relative to the performance of this contract or information relative to any incident occurring on JBLM without prior approval of the Contracting Officer.

(End of Term)

(End of Special Instructions)