MOD | S | USSOUTHCOM Miami Laundry Services BPA

FBO DAILY ISSUE OF AUGUST 17, 2012 FBO #3919
MODIFICATION

S -- USSOUTHCOM Miami Laundry Services BPA

Notice Date: 8/15/2012
Notice Type: Modification/Amendment
NAICS: 812332 — Industrial Launderers
Contracting Office: Miami Division (PARC Americas 410th CSB), ATTN: SOBO-DC, 8300 NW 33 Street, Suite 110, Miami, FL 33122-1940
ZIP Code: 33122-1940
Solicitation Number: 10178385
Response Due: 8/22/2012
Archive Date: 10/21/2012
Point of Contact: Christopher Parker, 305-437-2661
E-Mail Address: Miami Division (PARC Americas 410th CSB)
(christopher.parker@hq.southcom.mil)
Small Business Set-Aside: Total Small Business
Description: THIS SOLICITATION IS EXTENDED UNTIL 1600hrs 22 AUGUST 2012. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and under the authority of Subpart 13.5 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation number 10178385 is being issued as a Request for Quotation (RFQ). United States Army Garrison (USAG) Miami, FL 33166 intends to issue a multiple Pre-Priced Blanket Purchase Arrangement (BPA), to offeror(s) who demonstrate the capability to provide laundry services as outlined in the description of services below. It is the Government's intention to make payments through use of Wide Area Workflow, Electronic Invoicing to the largest extend feasible. Prices must be guaranteed for the first twelve (12) months from date of award. The Government seeks responsible offerors who can support this requirement of short term notice delivery(s). This period of performance for this effort will be: 1 SEP 2012 to 31 AUG 2015. Upon completion of the first year, the Government will evaluate Contractor performance and price to determine whether price adjustments are necessary. Minimum response time per BPA call is 49 hours. This RFQ is issued as a Small Business Set Aside NAICS 812332 Size Standard $35.5M. An award of a fixed-priced pre-priced Blanket Purchase Agreement is anticipated. Interested vendor must provide a price list as outline in section 1.5 of Service description include. Offers must be received at this office by 1400hrs on 15 Aug 2012. Email to christopher.parker@hq.southcom.mil. The Government intend to made award without discussion by 25 Aug 2012. EVALUATION FACTORS FOR CONSIDERATION OF A BPA AWARD Items (a) through (e) MUST be addressed and/or substantiation provided to be considered. (a) Proof/substantiation of the offerors being a bone fide company registered and licensed in the state of Florida to do business of this type in its business category, and financially able to perform this contract (b) Certified Small Business (c) Express willingness, ability, and agreement to provide commercial prices (or better) for all commodities acquired under this contract, and substantiate if requested (d) Determined to be responsible (e) Registered in the Central Contractor Registration In the spirit of the Federal Acquisition streamlining Act United States Army Garrison (USAG) Miami, FL, will enter into a cooperative agreement to further reduce the administrative cost of acquisition of commercial items. A Blanket Purchase Agreement (BPA) eliminates contracting and open market cost such as: the search for sources; the development of technical documents and solicitation; and the evaluation of bids and offers. The end result is to create a purchasing mechanism for the Government that works better and cost less. Company Name: DUNS # ______________Cage Code Number:________________ POC:__________________________ Tel:________________ E-Mail Address: _____________________ Tax ID#:________________ FOB: DESTINATION Payment Terms:________________ SIGNATURES: Agency: ______________________________________ _________________________ Contracting Officer Date Contractor: ___________________________________ __________________________ Authorized Official Date SITE VISIT THIS SOLICITATION HAS BEEN CHANGED TO THE FOLLOWING Date/Time: 1330 hrs 10 August 2012 Location: 8900 NW 35th LN, Suite 150, Doral FL Interested parties should email SFC Parker at christopher.parker@hq.southcom.mil for details BPA Master Dollar Limit: $30,000.00 per year BPA Call Limit: $3,000.00 per call Period of Performance:1 Sep 2012 to 31 Aug 2015 FSC Code: S209 1.0.DESCRIPTION OF SERVICES 1.1. This BPA will provide laundry services for the US Army Garrison - Miami, Directorate of Logistics and will support the laundry requirements of the Protocol Office of U.S. Southern Command (SOUTHCOM). The performance period for this contract should be 1 September 2012 to 31 August 2015 for base year plus two (2) option years starting on 20 August 2013 - 19 August 2015. The funding is subject to availability of funds. 1.2.BPA Master Dollar Limit: $30,000.00 BPA Call Limit: $3,000.00 1.3.Period of Performance: 1 September 2012 to 31 August 2015 (Base year plus 2 option years) 2.0 PICK UP / DELIVERY OF ITEMS 2.1. Location. Pickup and deliveries shall be made at USSOUTHCOM Headquarters, 9301 NW 33rd Street, Doral, Florida 33172 for Protocol linens and 8900 NW 35th LN, STE 150, Doral, Florida 33172 for Central Issue Facility (CIF) Organizational Clothing Individual Equipment (OCIE)/TA-50. 2.2.Schedule. All pickup and deliveries shall be accomplished between the hours of 8:00 a.m. and 3:00 p.m. Pickup shall be coordinated with the Contracting Officer Representative (COR) or alternate designated representative to be identified in the award document. Pickup should be accomplished within 48 hours of notification and items must be returned within 72 hours of pickup. 2.3.Counting and Signing. The contractor and COR or alternate designated representative personnel shall verify the item count. The contractor shall, at the time of pickup, sign a detailed itemized list, or locally developed form, for the items being picked up and such signature shall constitute agreement to the government's count unless specific exception is taken. The government will retain a copy of the form. When returning items, the contractor shall provide the government an original and one copy of the delivery ticket receipt(s). 2.4. Missing Items. The contractor shall, within the following five work days after discover of lost/missing items, at no additional cost to the government, deliver any items missing from the previous delivery. The contractor shall reimburse the government for any unreturned items on the current month's invoice. Reimbursement shall be in accordance with Contract Clause entitled, Loss or damage (Count of Articles), DOD FAR Sup 252.237-7014. 3.0. LAUNDERED OF ITEMS 3.1.The contractor shall launder items using the best commercial practices used in the industry. 3.2.Contractor shall return all laundered items folded and placed in a bag or similar package with like items to prevent mixing of laundered items and to facilitate inventory upon return. This will also prevent the items from getting stained/dirty during transport and storage. There will be no requirement for OCIE to be packaged in a specific manner, but like items will need to be returned together and items that can be folded will be folded and separately packed to prevent mixing of items, facilitate inventory of items, and prevent items from getting stained/dirty during transport and storage back to the CIF facility. CIF equipment requires cleaning in accordance with TM 10-8400-201-23 and TM 10-8400-203-23. 3.3.Special Requirement: Protocol Table Cloths and Skirting must be hung when returned. 3.4.Repairs. All repairs shall be considered to be non-reimbursable and must be prior approved for repair by the owner of the ruined product. Damaged OCIE must be reimbursed for cost (not repaired). 3.5. Unacceptable Services. Any items found to have been unsatisfactorily cleaned, laundered, finished, and/or packaged shall be identified by the Government QA personnel to the Contractors representative at the time of delivery or next scheduled pickup after unsatisfactory condition is discovered. The contractor shall correct the delivery ticket or issue a credit memo for items that have been identified by the government as being performed unsatisfactorily. 3.6.Type of equipment to be laundered: ITEMPRICE PER PIECE Table Skirting - 14' $ Table Skirting - 17' $ Table Skirting - 21' $ 52"x96" rectangular (cotton)$ 54"x72" rectangular (cotton)$ 54"x120" rectangular (cotton)$ 90"x91" rectangular (cotton)$ 96" Round (cotton)$ 120" Round (cotton)$ 132" Round (polyester)$ 20"x20" Napkins$ Place Mats- No starch$ Dish Towels - No starch$ Dish Cloths - No Starch$ Chair Covers$ Aprons$ Chef Jackets$ N/A Note* All Cotton Items With StarchN/A Note** All Polyester Items Without starchN/A $ Bag, barracks$ Bag, duffle$ Cover, canteen$ Cover, helmet$ Insect bar, netting$ Liner, poncho$ Pouch, IFAK$ Insert, IFAK$ Bag, sleeping,GORTEX, bivy$ Bag, sleep, patrol$ Bag, sleep, intermediate$ Bag, stuff sack$ Helmet Pad$ Helmet Strap$ Rucksack, Large$ Pouch, Sustainment$ Belt, Molded Waist$ Strap, Frame, Shoulder$ FLC vest$ Waist Pack$ Assault pack$ Grenade Pouch, hand$ Pouch, GP, Canteen$ Hydration System Carrier$ Pouch, M4, two magazine$ Bandoleer Ammunition Pouch$ Carrier, Entrenching Tool, ACU$ Pouch, Flash/Bang Grenade$ Pouch, M4, three magazine$ Parka, (GORTEX)$ Trousers, (GORTEX)$ Insert, mitten, wool$ Shell, mitten, leather$ Jacket, soft shell, Gen 3, ACU$ Trousers, soft shell, Gen 3,ACU$ Fleece, Gen 3, Green$ OTV, BODY ARMOR$ OTV, CARRIER, BASE VEST$ OTV, THROAT PROTECTOR ASSEMBLY$ OTV, GROIN PROTECTOR ASSEMBLY$ OTV, YOKE & COLLAR ASSEMBLY$ IOTV, COMPLETE, BODY ARMOR$ IOTV, BASE VEST$ IOTV, FRONT COLLAR$ IOTV, BACK COLLAR$ IOTV, LOWER BACK SHIELD$ IOTV, INTERNAL ELASTIC BACKSTRAP$ IOTV, RIGHT SIDE PLATE CARRIER$ IOTV, LEFT SIDE PLATE CARRIER$ Deltoid/Auxiliary Plate Carrier$ Gloves, shell, flyers$ Jacket, NOMEX fleece$ Pants, NOMEX, fleece$ Alice Pak, LAR$ Case, field, first aid$ Case, small arms$ Cover, body armor$ Cover, canteen$ Cover, field pack$ Cover, field pack, desert$ Shelter half$ Suspenders, individual, equipment$ Suspenders, trousers$ Jacket, field$ Overalls, Fleece$ Trousers, ACU$ Coat, ACU$ 4.0. GENERAL INFORMATION 4.1. Contract Manager. The contractor shall appoint a contract manager who shall be responsible for the performance of the week. The name of the person and an alternate(s), who shall act for the contractor when the manager is not available, shall be designated in writing. 4.2. The contract manager or alternate(s) shall have full authority to act for the contractor on all contract matters relating to the daily operations of this contract. 4.3. The contract manager or alternate(s) shall be available telephonically Monday through Friday 7:30 a.m. to 4:30 p.m., to discuss problems. 4.4. Employees. The Government reserves the right to restrict employment under this contract of any contract employee, or prospective employee, who is identified as a potential threat to the health, safety, security, general well being or operational mission of the installation and its population. 5.0.NOTICE TO CONTRACTOR 5.1. This is a Commercial Pre-priced BLANKET PURCHASE AGREEMENT (BPA) for Laundering Services. The Contractor shall furnish all supervision, labor, tools, facilities, equipment and transportation to perform BPA Calls for the period 1 MAY 2012 to 30 APR 2017. 5.2. This Blanket Purchase Agreement is referenced to Price sheets provided by the vendor. 5.3. The Government is not obligated to order any supplies or services during this BPA Period. 5.4. Contractor will charge no higher than the prices that are approved by the contracting officer and currently reflected in the BPA file with the contracting office. 5.5. In accordance with FAR 13.303-6 (b)(2), the Contract Administrator will maintain awareness changes in market conditions, sources of supply, and other pertinent factors that may warrant making new arrangements with different suppliers or modifying existing arrangements. FAR 13.303-6 allows the contractor to request price adjustments based on changes in market conditions or other warranted factors, shall be negotiated with the contracting office. Such a price change shall be with the mutual agreement of both parties. If a price adjustment is warranted, the contracting office will issue a modification to the agreement. 5.6.Customer Point of Contact: Customer POCs will be listed in the BPA Call. 5.7.In accordance with FAR 52.212-1, Central Contractor Registration is required of all Department of Defense contractors. CCR registration enables electronic funds transfer of contract payments. If your company is not already registered, please register in the CCR database at www.ccr.gov. Whether your company is a current or new registrant in the CCR database, your registration must indicate that you are a provider of NAICS 532511 under the Goods-Services section of the registration to be eligible to receive a contract for this solicitation. 5.8.The Equal Employment Opportunity Is The Law notice (poster) referenced in FAR clause 52.222-26(b)(3), Equal Opportunity, is located at http://www.dol.gov/esa/regs/compliance/posters/eeo.htm. For additional copies of this poster, please contact the Contracting Officer. 6.0.TERMS AND CONDITIONS 6.1. EXTENT OF OBLIGATION: This BPA does not obligate any funds. Funds will be obligated on a SF1449 when an authorized BPA Call order is placed in conjunction with this BPA. The Government is only obligated to the extent of Calls placed by authorized Army Contracting personnel. 6.2. PURCHASE LIMITATION: This BPA has a maximum limit of $30,000.00. The dollar limitation for each BPA Call Order cannot exceed $3,000.00 6.3. INDIVIDUALS AUTHORIZED TO PLACE CALLS: (In accordance with AFARS 5113.303-2) the individuals authorized to purchase under this agreement are essential and have appropriate training. The individuals, identified by organizational component and the dollar limitation for each individual per purchase are as follows: NAME(s) ORGANIZATIONAL COMPONENT DOLLAR LIMITS Laquetta Atkins, 410th Contracting Support Battalion-Miami, $30,000.00 per call Christopher Parker, 410th Contracting Support Battalion-Miami, $30,000.00 per call David Rivera, Directorate of Logistics, $3,000.00 per call Darlene Goebel, Directorate of Logistics, $3,000.00 per call Abel Delapaz, Directorate of Logistics, Supply & Services Branch, $3,000.00 per call Please Note: Changes to personnel authorized to make calls against this BPA will be made through issuance of with a SF30 modification to the BPA. 6.4. BPA CALL AND PAYMENT PROCEDURES: 6.4.1. The Contractor is required to respond to all BPA Calls made by an official (designated in writing). The Contracting Officer will issue a Call Number to the Company related to the specific service of the Call. 6.4.2. A request for service may be initiated by sending a request for proposal. Upon agreement of the requirement, the BPA Call will be issued. No performance under this BPA shall commence without issuance of a BPA Call 6.4.3. Each Call Number shall specify a completion time and delivery date. 6.5. INVOICES: The contractor shall submit one invoice for each BPA Call ordered upon completion of work. The contractor shall use the electronic invoice procedures in Wide Area Work Load (WAWF) as required in accordance with DFAR Clause 232.7003. See required WAWF codes listed in the BPA attachment. 6.6. The government or contractor may discontinue the applicability of this agreement only after providing written notice. Performance to complete any Call issued before discontinuance of the agreement shall continue through completion of the Call. 6.7. ANNUAL REVIEW. The agreement will be reviewed annually on its effective date anniversary and revised as necessary to conform to the requirements of the FAR and other applicable regulations. 7.0.CONTRACT ADMINISTRATION DATA WIDE AREA WORKFLOW WIDE AREA WORKFLOW RECEIPT AND ACCEPTANCE (WAWF-RA) ELECTRONIC RECEIVING REPORT AND INVOICING INSTRUCTIONS IN ACCORDANCE WITH DFARS 232.7003, USE OF ELECTRONIC PAYMENT REQUESTS IS MANDATORY. USE OF WAWF WILL SPEED UP YOUR PAYMENT PROCESSING TIME AND ALLOW YOU TO MONITOR YOUR PAYMENT STATUS ONLINE. THERE ARE NO CHARGES OR FEES TO USE WAWF. VENDORS CAN GET INSTRUCTIONS AND TRAINING AT http://www.wawftraining.com/ Requests for payments must be submitted electronically via the Internet through the Wide Area WorkFlow Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil. You can also access payment information using the DFAS myInvoice web site at http://www.dod.mil/dfas/contractorpay/myinvoice.html. THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR RECEIVING REPORTS, INVOICES AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF. CONTRACT NUMBER: W91QEX- DELIVERY ORDER NUMBER: N/A TYPE OF DOCUMENT: (Combo) Invoice and Receiving Report CAGE CODE: ISSUE BY DODAAC: W91QEX ADMIN DODAAC: W91QEX SERVICE ACCEPTOR / SHIP TO: Varies with each call PAY OFFICE DODAAC: HQ0105 SEND MORE E-MAIL NOTIFICATIONS: CONTRACT ADMINISTRATOR: christopher.parker@hq.southcom.mil CUSTOMER: Varies with each call CLAUSES INCORPORATED BY REFERENCE 52.252-2 Clauses Incorporated By Reference FEB 1998 252.201-7000 Contracting Officer's Representative DEC 1991 Section I - Contract Clauses CLAUSES INCORPORATED BY FULL TEXT 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. (End of clause) 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2007) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.-- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the Suspension of payment paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (End of clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (FEB 2008) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 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) 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) 52.203-6, 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) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a). ___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ___ (4) [Removed]. __X_ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). ___ (ii) Alternate I (OCT 1995) of 52.219-6. ___ (iii) Alternate II (MAR 2004) of 52.219-6. ___ (6)(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. ___ (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)). ___ (8)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2007) (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. ___ (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)). __ (10) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEP 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (JUNE 2003) of 52.219-23. ___ (12) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f). ___ (15) 52.219-28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15 U.S.C. 632(a)(2)). _X__ (16) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). _X__ (17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126). _X__ (18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). _X__ (19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). _X__ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). _X__ (21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). _X__ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). ___ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). _X__(24)(i) 52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts). ___ (ii) Alternate I (AUG 2007) of 52.222-50. _X__ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG 2000) (42 U.S.C. 6962(c)(3)(A)(ii)). ___ (ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). ___ (26) FAR 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). ___ (27)(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. _X__ (28) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d). ___ (29)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (AUG 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). ___ (ii) Alternate I (JAN 2004) of 52.225-3. ___ (iii) Alternate II (JAN 2004) of 52.225-3. ___ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (31) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury). ___ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (35) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X__ (36) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). ___ (37) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332). ___ (38) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332). ___ (39) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). ___ (40)(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.) __X__ (1) 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.). __X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (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 (February 2002) (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 (Nov 2007) (41 U.S.C. 351, et seq.). ____ (7) 52.237-11, Accepting and Dispensing of $1 Coin (AUG 2007)(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 paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 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.). (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (x) 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) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAR 2008) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. _X__ 52.203-3, Gratuites (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (2) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637). (3) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (APR 2007) (15 U.S.C. 637 note). (4) ___ 252.225-7001, Buy American Act and Balance of Payments Program (JUN 2005) (41 U.S.C. 10a-10d, E.O. 10582). (5) ___ 252.225-7012, Preference for Certain Domestic Commodities (MAR 2008) (10 U.S.C. 2533a). (6) ___ 252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a). (7) ___ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). (8) ___ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts). (9) ___ 252.225-7021, Trade Agreements (MAR 2007) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (10) ___ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (11) ___ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (12)(i) ___ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (MAR 2007) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). (ii) ___ Alternate I (OCT 2006) of 252.225-7036. (13) ___ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). (14) _X__ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts). (15) ___ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320). (16) ___ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321). (17) _X__ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports(MAR 2008) (10 U.S.C. 2227). (18) ___ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (19) _X__ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). (20)(i) ___ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (ii) ___ Alternate I (MAR 2000) of 252.247-7023. (iii) ___ Alternate II (MAR 2000) of 252.247-7023. (iv) ___ Alternate III (MAY 2002) of 252.247-7023. (21) ___ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1) 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a). (2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (End of clause)
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