RFQ_FOR_BOXES.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 15

OFFEROR TO COMPLETE BLOCKS 7 2, 7 7, 23, 24, & 30 NWWG9180-13-03128

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

WC-133W-13-RQ-0679

a. NAME b. TELEPHONE NUMBER (No col/~ 8. OFFER DUE DATE/

7. FOR SOLICITATION

KAREN L. CHRISTIAN calls} LOCAL TIME

INFORMATION CALL: karen .l.christian@noaa. gov (816)426-7286 AUG 23,2013

2:00PM CT

9.1SSUED BY CODE I AJ830023 10. THIS ACQUISITION IS ·o UNRESTRICTED OR IZI SET ASIDE: _j_QQ_ % FOR:

DOC/NOAA!EAD IZI SMALL BUSINESS D WOMEN-OWNED SM ~LL BUSINESS

601 EAST 12TH STREET (WOSB) ELIGIBLE U DER THE WOMEN-OWNED

KANSAS CITY MO 64106 D HUBZONE SMALL SMALL BUSINESS P OGRAM NAICS:

BUSINESS D EDWOSB 322212 D SERVICE-DISABLED

SIZE STANDARD: VETERAN-OWNED

SMALL BUSINESS D 8 (A) 500

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 0 13a. THIS CONTRACT IS A 13b.RATING

TION UNLESS BLOCK IS RATED ORDER UNDER

MARKED DPAS (1 S CFR 700)

14. METHOD OF OLICITATION

D SEE SCHEDULE IZI RFQ 0 IFB D RFP

15. DELIVER TO CODE AJ850023 16. ADMINISTERED BY CODE I DOCINOAA/CASC

1510 BANNISTER RD

NLSC/CCX2

KANSAS CITY MO 64131

17a CONTRACTOR/ CODE I I FACILITY 18a. PAYMENT WILL BE MADE BY CODE L OFFEROR. CODE

TELEPHONE NO.

D 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN LOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED ~ SEE ADDENDUM

19. 20. 21. 22. 2 . 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNITP ICE AMOUNT

Please see continuation page for line item details.

(Use Reverse and/or Attach Additional Sheets as Necessary}

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMO NT (For Govt. Use Only}

See Schedule

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52212-1,52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATIACHED. ADDENDA t ARE w ARE NOT ATIACHED

D 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-51S ATIACHED. ADDENDA ARE D ARE NOT ATIACHED

~ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 D 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND ---

DATE . YOUR pFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS ( R CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO I EMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CC '{'ITRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print} 30c. DATE SIGNED 31 b. NAME OF CONTRACTING OFFICER (Type or prin 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STAN DAR FORM 1449 (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribe by GSA- FAR (48 CFR) 53.212

19. 20. ·21. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY

22.

UNIT AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

D RECEIVED D INSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER

\_PARTIAL I I FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

40. PAID BY

41a.l CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GC VERNMENT

REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNM~NT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRES NTATIVE

36. PAYMENT 37. CHECK NUMBER

D COMPLETE D PARTIAL D Fl AL

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECD (YY!MMIDD) 142d. TOTAL CONTfiNERS

STANDARD FORM 1449 (REV. 2/2012)

WC-133W-13-RQ-0679

BACK

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNITPF CE AMOUNT

CONTRACTOR SHALL PROVIDE BOXES FOR

PACKAGING AND SHIPPING OF HIGHLY DELICATE/

SENSITIVE SCIENTIFIC ELECTRONIC EQUIPMENT

AND OTHER SUPPLIES STORED AND SHIPPED

FOR THE NATIONAL WEATHER SERVICE (NWS).

THE BOXES WILL BE SHIPPED TO THE U.S.

DEPARTMENT OF COMMERCE, NOAA, NATIONAL

LOGISTICS SUPPORT CENTER, KANSAS CITY, MO.

NOTE: PRE-PRODUCTION SAMPLES MAY BE

REQUIRED.

AFOS BOX (26 X 14 X 3)

0001 SINGLE WALL KRAFT, RSC 200 TUCK FRONT WITH 100.00 EA

TOP & BOTIOM LINED WITH CONVOLUTED ANTI-

STATI FOAM

AFOS BOX (9 X 6 X 3)

0002 SINGLE WALL KRAFT, RSC 200 TUCK WITH FRONT 750.00 EA

TOP & BOTIOM LINED WITH CONVOLUTED ANTI-

STATI FOAM

AFOS BOX (24 X 14 X 5)

0003 SINGLE WALL KRAFT, RSC 200 TUCK FRONT 200.00 EA

WITH TOP/BOTIOM AND SIDES LINED WITH

CONVOLUTED ANTI-STATI FOAM

BOX (16 X 12 X 10)

0004 SINGLE WALL KRAFT 32 ECT 1500.00 EA

BOX (18 X 18 X 12)

0005 SINGLE WALL KRAFT 32 ECT 250.00 EA

BOX (24 X 24 X 17)

0006 TRIPLE WALL KRAFT 67 ECT 200.00 EA

BOX (28 X 20 X 17)

0007 TRIPLE WALL KRAFT 67 ECT 200.00 EA

BOX (50 X 20 X 6)

0008. SINGLE WALL KRAFT 32 ECT 250.00 EA

BOX (6 X 6 X 48)

0009 SINGLE WALL KRAFT 32 ECT 250.00 EA

BOX (32 1/8 x 23 X 7 5/8).

0010 DOUBLE WALL KRAFT fol (FULL FLAPS) 48 ECT 250.00 EA

FREEZING RAIN BOX (21 1/8 13 9/16 X 8)

0011 SINGLE WALL 32 ECT RSC 25 50.00 EA

TERMS AND CONDITIONS WILL BE lAW ..

ATIACHMENTS.

VENDOR DELIVERY SCHED.ULE: WEEKS

ARO.

DELIVERY ADDRESS:

PAGE 3 OF 15 WC-133W-13-RQ-0679

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNITP I CE AMOUNT

U.S. DEPARTMENT OF COMMERCE, NOAA

NATIONAL LOGISTICS SUPPORT CENTER

1510 EAST BANNISTER ROAD, BLDG #1

KANSAS CITY, MO 64131

THE GOVERNMENT WILL AWARD A PURCHASE

ORDER TO THE RESPONSIBLE FIRM WHOSE

QUOTATION CONFORMS TO THE ABILITY TO

PROVIDE ITEMS AS DESCRIBED HEREIN, PAST

PERFORMANCE (CUSTOMER SATIFACTION,

QUALITY, AND TIMELINESS), OFFERING AN

ACCEPTABLE DELIVERY SCHEDULE, AND LOWEST

PRICE.

PLEASE COMPLETE ALL APPLICABLE ITEMS ON

THE RFQ AND RETURN A COPY OF THE SYSTEM

FOR AWARD AMANAGMENT (SAM) RECORD TO

KAREN CHRISTIAN BY FAX 757-664-3622 OR EMAIL

karen.l.christian@noaa.gov. QUOTES MUST BE

RECEIVED ON OR BEFORE THE DATE AND TIME

REFERENCED ON PAGE ONE, BLOCK #8.

PAGE 4 OF 15 WC-133W-13-RQ-0679

SECTION

Table of Contents

••••••••••••..•••••••••••••••••••••••••••••••••••••••••••••••••••.••••••••••••••••••••••• 6

52.204-7 CENTRAL CONTRACTOR REGISTRATION (DEC 2012)

52.204-13 CENTRAL CONTRACTOR REGISTRATION MAINTENANCE (DEC 2012)

3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEM (DEC 2012)

4 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012)

5 52.232:..39 52.232-39 Unenforceability of Unauthorized Obliga~ions

6 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

7 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (JAN 2013)

9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

10 1352.201-70 CONTRACTING OFFICER~s AUTHORIT¥ (APR 2010)

11 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

12 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

13 1352.233-70 AGENCY PROTESTS (APR 2010)

14 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

15 PROMPT PAYMENT TO SUBCONTRACTORS .............. ·

PAGE 5 OF 15 WC-133W-13-RQ-0679

SECTION

. 1 52.204-7 CENTRAL CONTRACTOR REGISTRATION (DEC 2012)

(Reference 52.204-7)

. 2 52.204-13 CENTRAL CONTRACTOR REGISTRATION MAINTENANCE (DEC 2012)

(Reference 52.204-13)

. 3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS ( EC 2012)

(Reference 52.212-3)

. 4 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012)

(Reference 52.212-4)

. 5 52.232-39 52.232-39 Unenforceability of Unauthorized Obligations.

(Reference 52.232-39)

. 6 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(Reference 52.252-6)

. 7 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

(a) "North American Industry Classification System (NAICS) code and small bu iness size standard.' The NAICS code and small business size standard for this acquisition appear i Block 10 of the solicitation cover sheet (SF 1449). However, .the small business size standard for a conce.rn 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 spe in this ·solicitation at or before the exact time specified in this solicitation. Offe be submitted o the SF 1449, letterhead stationery, or as otherwise specified in the solicit As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in with the requirements in the solicitation: This may include if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

offers;

sufficient detai to evaluate complia ce product literatu e, or other documents,

(8) A completed copy of the representations and certifications at FAR 52.21 -3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shal complete electronically) ;

(9) Acknowledgment of Solicitation Amendments;.

(10) Past performance information, when included as an evaluation factor, t include recent and relevant contracts for the same or similar items and other references (includ'ng contract numbers, points of contact with telephone numbers and other relevant information) ;

(11) If the offer is not submitted on the SF 1449, include a statement spec'fying the extent of agreement with all terms, conditions, and provisions included in the solic'tation. Offers that fail to furnish required representations or information, or reject the terms a d conditions of the solicitation may be excluded from consideration.

(c) "Period for acceptance of offers." The offeror agrees to hold the prices nits offer firm for 30 calendar days from the. date specified for receipt of offers, unless ano her time period is specified in an addendum to the solicitation.

PAGE 6 OF 15 WC-133W-13-RQ-0679

(d) "Product samples." When required by the solicitation, product samples sh prior to.the time specified for receipt of offers. Unless otherwise specified these samples shall be submitted at no expense to the Government, and returne request and expense, unless they are destroyed during preaward testing.

(e) "Multiple offers." Offerors are encouraged to submit multiple offers pre terms and conditions or commercial items for satisfying the requirements of t 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, withdrawals, so as to reach the Government office designated in the solicitat specified in the solicitation. If no time is specified in the solicitation, t 4:30p.m., local time, for the designated Government office on the date that due.

(2)

11 be submitted at o in this solicitatio at the sender's enting alternative is solicitation. Ea h revisions, or on by the time e time for receipt i ffers or revisions a e

(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 rec ipt of offers is "late" and will not be considered unless'it is received before award is made, he Contracting Offi determines that accepting the late offer would not unduly delay the acquisitio ; and--er

(A) If it was transmitted through an electronic commerce method authori ed by the solicitati n, it was received at the initial point of entry to the Government infrastructu e not later than 5:0 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 t e Government installation designated for receipt of offers and was under the Government's ontrol prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only p oposal received.

(ii) However, a late modification of an otherwise successfu1 offer, that makes its terms more favorable to the Government, will be considered at any time it is received an .may be accepted.

{3) Acceptable evidence to establish the time of receipt ·at the Government installation include the time/date stamp of that installation on the offer wrapper, other document ry evidence of recei maintained by the i~stallation, or oral testimony or statements of Governmen personnel.

(4) If an emergency or unanticipated event interrupts normal .Government pr cesses so that offers cannot be received at the Government office designated for receipt of o fers by the exact time specified in the solicitation, and urgent Government requirements preclu e amendment of the solicitation or other notice of an extension of the closing date, the time sp cified for receipt o offers will be deemed to be extended to the same time of day specified in th solicitation on the first work day on which normal Government processes resume.

(5) Offers may be wit~drawn by written notice received at any time before t e exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdr orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimi time before the exact time set for receipt of offers, subject to the conditi solicitation concerning facsimile offers. An offer may be withdrawn in person authorized representative·if, before the exact time set for receipt of offers, person requesting withdrawal is established and the person signs a receipt for e received at any ns specified in the y an offeror or its the identity of the 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 sta dpoint. However, the Government reserves the right to conduct discussions if later determined the Contracting Officer to be necessary. The Government may reject any or all offers if such ction is in the public interest; accept other than the lowest offer; and waive informalities and min r ·irregularities in offers received.

(h)" Multiple awards." The Government may accept any item or group of items offeror qualifies the offer by specific limitations. Unless otherwise provide offers may not be submitted for quantities less than those specified. The Gov right to make an award on any item for a quantity less than the quantity offe· offered, unless the offeror specifies otherwise in the offer.

(i) "Availability of requirements documents cited in the solicit~tion."

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Ite Part 101-29, and copies of specifications, standards, and co~mercial item des 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.

PAGE 7 OF 15 WC-133W-13-RQ-0679

an offer, unless t in the Schedule, nment reserves the d, at the unit price

Descriptions, FPMR riptions cited in th"s

(ii) If the General Services Administration, Department of Agriculture, Veterans Affairs issued this solicitation, a single copy of specifications, commercial item descriptions cited in this solicitation may be obtained free a request to the addressee in paragraph (i) (1) (i) of this provision. Additio issued for a fee.

or Department of standards, and f charge by submitt'ng l copies will be

(2) Most unclassified Defense specifications and standards may be downloade from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch)

(iii) ASSISTdocs~com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single St ck Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0 30 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, P iladelphia, PA

19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organizat on responsible for their preparation, publication, or maintenance.

(j) "Data Universal Numbering System (DUNS) Number." (Applies to all offers xceeding $3,000, and offers of $3~000 or less if the solicitation requires the Contractor to be re istered in the Cent al Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" fol owed by the DUNS or DUNS+4 number that identifies the. offeror's name and address. The DUNS+4 is t e DUNS number plus a 4-character suffix that may be assignetl at the discretion of the offeror to e tablish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accou ts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it hould contact Dun an Bradstreet directly to obtain one. An offeror within the United States may co tact Dun and Bradstr by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webfo m. An offeror locate outside the United States must contact the local Dun and Bradstreet office fo a DUNS number. The offeror should indicate that it is an offeror for a Government contract when ontacting the local and Bradstreet office;

(k) "Centr.al Contractor Registration." Unless exempted by an addendum to thi submission of an offer, the offeror acknowledges the requirement that a prosp be registered in the CCR database prior to award, during performance and thro any contract resulting from this solicitation. If. the Offeror does not become CCR database in the time prescribed by the Contracting Officer, the Contracti to award to the next otherwise successful registered Offeror. Offerors may ob registration and annual confirmation requirements via tpe internet at https:/ by calling 1-888-227-2423 or 269-961-5757.

solicitation, by ctive awardee shall gh final payment -of registered in the g Officer will proce d information on

(l) "Debriefing." If a post-award debriefing is given to disclose the following information, .if applicable:

requesting offerors, the Government shall

(1) The agency's evaluation of the significant weak or deficient factors i offeror's offer.

(2) The overall evaluated cost or price and technical rating of the success offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items , the make and model of the successful offeror.

the debriefed l and the debriefed he agency during be delivered by the

(6) Reasonable responses source-selection procedures applicable authorities were to relevant questions posed by the debriefed offer r as to whether set forth in the solicitation, applicable 'regulati ns, and other followed by the agency.

(End of Provision)

. 8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-

COMMERCIAL ITEMS (JAN 2013)

(a) The The Contractor shall comply with the following Federal Acquisition R gulation (FAR) claus , which is incorpora~ed in this contract by reference, ~o implement provisions o law or Executive orders applicable to. acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52. i:fk-~9 o~fs \Jvc_1 ~3v\?-·l3~~g2ol379

(2) 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law. for Breach of Contract Claim (Oct 2004)

(Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) t at the Contracting

Officer has indicated as being incorporated in this contract by reference to mplement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-6, Restrictions on Subcontractor Sales to the.Government '(Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 u.s.c. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note))·. (15 U.S.C. 657a).

(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 a d Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier· Subcontract Awards (Aug 2012) (Pub. L. 109-282} (31 U.S.C. 6101 note}.

(5} 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (Jul 2010) (Pub. L. 111-5}.

XX (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Propose for Debarment (Dec 2010} (31 U.S.C. 6101 note}.

(7} 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012} (41 U.S.C. 2313}.

(8} 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of ·pub, L. 1 2-74, section 740 of Division C of Pub. L. 111-117, section 743 of Di ision D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110- 61}.

(9} 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011} (15 U.S.C. 657a}.

(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011} (if the offeror elects to waive the preference, it shall so indicate in its offer} (15 U.S.C. 657a}.

(11} [Reserved] (12} XX (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.

(13)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun

2003) (15 u.s.c. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004} of 52.219-7.

(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 u.s.c. 637(d} (2) and (3)).

(15)

(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011)

(15 u.s.c. 637 (d) (4).

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001} of 52.219-9.

(iv) AlternaJ;:e III (Jul 2010) of 52.219-9.

XX (16} 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C.

644 (r)).

(17) 52.219-14, Limitations on Subcontracting (Dec 1996} (15 u.s.c.

637 (a) (14)).

(18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d} (4) (F) {i)).

(19)

(i) 52.219-23, Notice of Price Evaluation Adjustment for Small

Disadvan~aged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer} .

(ii} Alternate I (Jun 2003) of 52.219-23.

PAGE 9 OF 15 WC-133W-13-RQ-0679

(20) 52.219-25, Small Disadvantaged Business Participation Program Disadvantaged Status and Reporting (Dec 2010) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

(21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_XX (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a) (2)).

(24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15U.S.C. 637 (m)).

(25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15U.S.C. 637{m)).

XX (26) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

XX (27) 52.222-19, Child Labor---cooperation with Authorities and

Remedies (Mar 2012) (E.O. 13126).

XX (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 u.s.c. 4212) 0

XX (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 u.s.c. 4212).

(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(34) 52.222-54, Employment Eligibility Verification (Jul 2012).

(Executive Order 12989) . (Not applicable to the acquisition o 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)).

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C.

6962 (i) (2) {C)).

(36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(37)

{i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

(ii) Alternate I (Dec 2007) of 52.223-16.

XX (38) 52.223-18·, Encouraging ·contractor Policies to Ban Text

Messaging While Driving (Aug 2011) (E.O. 13513).

XX (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C.

10a-10d) .

(40)

(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3 01 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 ote, Pub. L. 103-182, 108-77, 108-78, 108-286, 1.08-302, 109-53, 109-69, 109-283, 1_10-138, 112-41, and 112-42).

(ii) Alternate I (Mar 2012) of 52.225-3.

(iii) Alternate II (Mar 2012) of 52.225-3.

(iv) Alternate III (Nov 2012) of 52.225-3.

(41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (42) 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) .

(43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 u.s.c. 5150).

(44) 52.226-5, Restrictions on Subcontracting Outside Disaster or

PAGE 10 OF 15 WC-133W-13-RQ-0679

Emergency Area (Nov 2·007) (42 U.S.C. 5150).

{45) 52.2~2-29, Terms for Financing of Purchases of Commercial Items

(Feb 2002) (41 u.s.c. 255(f), 10 u.s.c. 2307(f)).

(46) 52.232-30, Installment Payments for Commercial Items (Oct 1995)

(41 u.s.c. 255(f), 10 u.s.c. 2307(f)).

XX (47) 52.232-33, Payment by Electronic Funds Transfer-Central

Contractor Registration (Oct 2003) (31 U.S.C. 3332).

(48) 52.232-34, Payment by Electronic Funds Transfer-Other than

Central Contractor Registration (May 1999) (31 U.S.C. 3332)

(49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

(50) 52.239-l, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.

552a).

(51)

(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 1984) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), pplicable to commerc'al 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 ac isitions of commerc'al items:

(l) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 u.s.c. 351, et seq.).

(3) 52.222-43, Fai'r Labor Standards Act and Service Contract Act- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(4) 52.222-44, Fair Labor .Standards Act and Service Contract Act Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain SerVices--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.l3495).

(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

(9) 52.237-ll, Accepting and Dispensing of $1 Coin (Aug 2007) (31 u.s.c. 5112 (p) (l)).

(d) Comptroller General Examination of Record. The Contractor shall comply w'th 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.

(l) The Comptroller General of the United States, or an authorized represe ative of the

Comptroller General, shall have access to and right to examine any of the Co ractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor·shall make available at its offices at all reasonable ti s 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 c mpletely or partiall terminated, the records relating to the work t·erminated shall be made availabl any resulting final termination settlement. Records relating to appeals under to litigation or the settlement of claims arising under or relating to this available until such appeals, litigation, or claims are finally resolved'.

for 3 years after he disputes clause o ract shall be made

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

(e)

(l) 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

PAGE 11 OF 15 WC-133W-13-RQ-0679

paragraph (e) (1)in a subcontract for commercial items. Unless otherwise indi ated below, the exte t of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.s.c .. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 c struction of any public facility), the subcontractor must include 52.219-8 in lower tier subc tracts that offer subcontracting opportunities.

(iii)S2.222-17, Nondisplacement of Qualified Workers· (JAN 2013) 95) . Flow down requi ed in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2006) (38 U.S.C.

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 20 0) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Lab

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FA

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351,

(ix) 52:222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 71

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

r Relations Act (Dec clause 52.222-40.

et seq.).

4 (g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to ontracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2 07) (41 U.S.C. 351, seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certai Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012) .

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizatio s (Mar 2009) (Pub. L

110-247). Flow down required in accordance with paragraph (e) of FAR clause 2.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Ves els (Feb 2006) (46

U.S.C. Appx 1241 (b) and 10 U.S.C. 2631). Flow down required in accordance wit paragraph (d) of F 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 obl gations.

(End of Clause)

. 9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same f rce and effect as t if they were given in full text. Upon request, the Contracting Officer will m ke their full text available. Also, the full text of a clause may be accessed electronically at his/these address(es):

http://www.acquisition.far.gov

(End of Clause)

. 10 1352.201-70 CONTRACTING OFFICER's AUTHORITY (APR 2010) hanges in any of d elsewhere in this event the contractor icer, the change

The Contracting Officer is the only person authorized to make or approve any the requirements of this contract, and, notwithstanding any provisions contain contract, the said authority remains solely in the Contracting Officer. In the makes any changes at the direction of any person other than the Contracting Of will be considered to have been made without authority and no adjustment will terms and conditions, including price.

e made in the contra t

(End of clause)

. 11 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

PAGE 12 OF 15 WC-133W-13-RQ-0679

The contractor shall comply with all applicable laws, rules and regulations relate to performance in accord with the terms of the contract ..

(End of clause)

. 12 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

hich deal with or

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational; or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by v rtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or articipation by the contractor, its parents, affiliates, divisions and subsidiaries, and succ ssors in interest (hereinafter collectively referred to as "contractor") in the activities cove ed by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or i any similar capaci

For the purpose of this clause, affiliation occurs when a business concern i controlled by or ha the power to control another or when a third party has the power to control b th.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this full force to both the contractor and all subcontractors. The contractor war of the contractor's knowledge and belief, there are no relevant facts or eire give rise to an organizational conflict of interest, as defined in FAR Subpar contractor has disclosed all relevant information regarding any actual or pot mstances which woul 9.5, and that the ntial conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or th facts that may cause a reasonably prudent person to question the contractor's of the appearance or existence of bias or an unfair competitive advantage. Su include a description of the actions the contractor has taken or proposes to neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for conve part, if the Contracting Officer deems such termination necessary to avoid, n an actual or apparent organizational conflict of interest. If the contractor existence of any impartiality because h disclosure shall order to avo'd, ience, in whole or i utralize or mitigate fails to disclose facts pertaining to the existence of a potential or actual organizational con lict of interest or misrepresents relevant information to the Contracting Officer, the Government ay terminate the contract for default, suspend or . debar the contractor from Government contrac other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially simil including paragraphs (f) and (g) , in any subcontract or consultant agreement· or pursue such to this clause, any tier expected t exceed the simplified acquisition threshold. The terms "contract," "contract ,"and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its .consultants the disclosure required in FAR Part 9.507-1, and shall determine i interests disclosed present an actual, or significant potential for, an organi of interest. The contractor shall identify and avoid, neutralize, or mitigate ubcontractors or writing whether the ational conflict subcontractor organizational conflict prior to award of the contract to the satisfaction of he Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, ne mitigated, the contractor must obtain the written approval of the Contracting entering into the subcontract. If the contractor becomes aware of a actual organizational conflict of interest after contract award, the contracto tralized, or fficer prior to tor's potential or agrees that the

Contractor may be required to eliminate the subcontractor from its team, at th contractor's own risk.

(g) Waiver. The parties recognize that this clause has potential effects h will survive the performance of this contract and that it is impossible to foresee ance to which it mig t be applied in the future. Accordingly, the contractor may at any time seek. a aiver from the Head f the Contracting Activity by submitting·such waiver request to the Contracting including a full written description of the requested waiver and the reasons in support th reof.

(End of clause)

. 13 1352.233-70 AGENCY PROTESTS (APR 2010)

PAGE 13 OF 15 WC-133W-13-RQ-0679

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level a the contracting officer, with the appropriate agency Protest Decision Author'ty. See 64 Fed. Reg.

16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address: U.

DEPARTMENT OF COMMERCE/NOAA

EASTERN REGION ACQUISITION DIVISION

601 EAST 12TH ST. RM 1756

KANSAS CITY, MO 64106

(c) Agency protests filed with the agency Protest Decision Authority shall b sent to the followi g address: U.S .. DEPARTMENT OF COMMERCE/NOAA

EASTERN REGION ACQUISITION DIVISION

601 EAST 12TH ST. RM 1756

KANSAS CITY, MO 64106

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of iling a protest with either the Contracting Officer or the Protest Decision Authority.

{e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

. 14 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(a) A protest may be filed with either the Government Accountability Office Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including be served upon (i) the Contracting Officer, and (ii) the Contract Law Di'visio General Counsel, within one day of filing a protest with either GAO or the Co

(c) .Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

. 15 PROMPT PAYMENT TO SUBCONTRACTORS

PAGE 14 OF 15 WC-133W-13-RQ-0679

GAO) or the Court of all attachments, sh 11 of the Office of th rt of Federal Claims.

52.232-99, Providing Accelerated Payment to Small Business Subcontractors

(DEVIATION)

The Contracting Officer shall insert the following clause in all solicitations and resultant contracts.

PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS CONTRACTORS

(DEVIATION) (AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is requi~ d to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including paragraph (b) in all subcontract with smal business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under.the Prompt Payment Act.

PAGE 15 OF 15 WC-133W-13-RQ-0679