SOLICITATION NOTICE
J -- WHIPBOARD WASHER/DRYER REMOVAL AND INSTALL
- Notice Date
- 9/9/2014
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 811310
— Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance
- Contracting Office
- N00189 NAVSUP Fleet Logistics Center Norfolk 1968 Gilbert Street,Suite 600 NORFOLK, VA
- ZIP Code
- 00000
- Solicitation Number
- N001894237S30
- Response Due
- 9/17/2014
- Archive Date
- 9/24/2014
- Point of Contact
- MARK ZACCAGNINI 757-443-1296
- Small Business Set-Aside
- Total Small Business
- Description
- This is a COMBINED SYNOPSIS/SOLICITATION for commercial service items prepared in accordance with the information in FAR Subpart 12.6, FAR Subpart 13.3 and FAR Subpart 15.101-1 as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS and NECO (http://www.neco.navy.mil/). The RFQ number is N00189-4237-S30. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-76 and DFARS Change Notice 20140828. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: http://www.acq.osd.mil/dpap/dfars/index.htm and www.acqnet.gov/far. The NAICS code is 811310 and the Small Business Standard is $7M. This is a competitive action. The Fleet Logistics Center Norfolk requests responses from qualified sources capable of providing items for shipboard industrial laundry removal and installation in accordance with the Performance Work Statement. Period of Performance is 06 October 24 October 2014; Location is pier side waterfront Naval Station Norfolk, Virginia. Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. The proposed contract is 100% set aside for small business concerns. Mandatory Site Visit: A mandatory site visit will be held between the period of 10 September and 16 September 2014 at the following location: USS BAINBRIDGE (DDG 96), Norfolk Naval Base Pier 1 in Norfolk, VA. The purpose of the site visit is to allow bidders access to all measurements and the installation layout to ensure complete understanding of the requirement by all parties. Contractors shall independently ensure base access is obtained. Any contractor not present for the site visit shall not be considered for award. POC for site visit IS ls2 Adam Profitt, (757) 444-3131 or Email at profital@ddg96.navy.mil. If a contractor wants to bid on this project, they are first required to attend a site visit, but first must call and arrange the visit with the ship. Additional Shipboard Regulations are located in the attached Performance Work Statement. All quotes shall be submitted via Microsoft Excel spreadsheet. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements. Any questions regarding the details of this solicitation will be addressed during the site visit. Responses to this solicitation are due by 10:AM EST on 17 September 2014. Offers shall be emailed to mark.zaccagnini@navy.mil Phone: (757) 443-1296 The Government intends to issue a single Firm Fixed Price contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers (in descending order of importance): PERFORMANCE WORK STATEMENT Request contractor support to remove existing industrial laundry equipment and replace with Government Furnished Equipment (GFE) as outlined in this performance work statement. GROUP 1: EQUIPMENT REMOVAL (PHASE ONE) POP: 06 October - 24 October 2014. The below items must be uninstalled and removed by the contractor. No ship hull cuts should be required. ROWITEM NAMEU/IQTYDESCRIPTION 1.A50LB TUMBLER DRYER EA3SEE NOTE (a) BELOW (a)The contractor must meet all Navy requirements for proper disposition of discarded equipment and materials. GROUP 2: GFE EQUIPMENT INSTALLATION (PHASE ONE) POP: 06 October 24 October 2014. The contractor will be required to disassemble the GFE in order to maneuver onboard and then reassemble in appointed location (2-414-0-Q). All reassembly must be in accordance with manufacturer technical instruction manual. ROWITEM NAMEU/IQTYDESCRIPTION 2.A50LB TUMBLER DRYER (EDRO Model# M50TDE) NSN: 3510-01-317-0968EA3SEE NOTE (a) BELOW (a)Contractor must install new equipment with appropriate water, LP air, ventilation and electrical supply IAW the NSTM manuals and Shipboard drawings listed below. NSTM for Dryers: S6162-BS-MMC-010 Shipboard Dryer drawings: 045025-000002-00103 GROUP 3: EQUIPMENT REMOVAL (PHASE TWO) POP: 06 October 24 October 2014. The below items must be uninstalled and removed by the contractor. No ship hull cuts should be required. Removal of below equipment is dependent on the delivery schedule of new equipment. It is a possibility that one if not both of the below line items might not be removed until the customer returns to homeport at the end of the year. ROWITEM NAMEU/IQTYDESCRIPTION 3.A60LB WASHER-EXTRACTOR (EDRO Model#DW600B)EA160lb non-modular Washer-Extractor. Removal will require torch cutting to allow equipment to fit through a standard 26 hatch. 3.B60LB WASHER-EXTRACTOR (EDRO Model#DW600B)EA160lb non-modular Washer-Extractor. Removal will require torch cutting to allow equipment to fit through a standard 26 hatch. (a)The contractor must meet all Navy requirements for proper disposition of discarded equipment and materials. GROUP 4: GFE EQUIPMENT INSTALLATION (PHASE TWO) POP: 06 October 24 October 2014. The contractor will be required to disassemble the GFE in order to maneuver onboard and then reassemble in appointed location (2-414-0-Q). All reassembly must be in accordance with manufacturer technical instruction manual. Installation of below equipment is dependent on the delivery schedule of new equipment. It is a possibility that one if not both of the below line items might not be installed until the customer returns to homeport at the end of the year. ROWITEM NAMEU/IQTYDESCRIPTION 4.A60LB WASHER-EXTRACTOR (EDRO Model# DW600PNSWE-24B-DOS) NSN:3510-01-456-8448EA160lb modular washer-extractor. The footprint of the new equipment is misaligned by approximately 2 from old foundation placement. Foundation bolt targeting changes are required to properly install the washer-extractor. 4.B60LB WASHER-EXTRACTOR (EDRO Model# DW600PNSWE-24BER-DOS) NSN:3510-01-619-3535EA160lb modular washer-extractor. The footprint of the new equipment is misaligned by approximately 2 from old foundation placement. Foundation bolt targeting changes are required to properly install the washer-extractor. (a)Contractor must install new equipment with appropriate water and electrical supply IAW the NSTM manuals and Shipboard drawings listed below. NSTM for Washers: S6162-CF-MMA-010 Shipboard drawings: Washers: #ALT DATA DDG51-MA655-35003 GROUP 5: CONTRACTOR BEST EFFORT DELIVERABLES POP: 06 October 24 October 2014. The contractor will be required to provide all labor and materials to complete the equipment installation upgrade. ROWITEM NAMEU/IQTYDESCRIPTION 5.AWORK AUTHORIZATION FORMS (WAF) GP1Contractor is required to generate and route for approval prior to start of each contract line item action. 5.BSPACE CLEAN-UP (2-414-0-Q)GP1Contractor will complete daily: sweep floor, remove trash and mop floor when spills occur. 5.CSPACE RESTROATION (2-414-0-Q)GP1Contractor will prime, lag and paint as needed to restore any damage sustained during job execution. 5.DMILITARY INSTALLATION ACCESSGP1The contractor is required to obtain access to Naval Station Norfolk independently. 5.EPERSONAL PROTECTIVE EQUIPMENT (PPE)GP1Contractor is required to provide own PPE (sight, hearing, respiratory). 5. FPAINT AND PRIMEGP1Contractor will paint and prime over damage caused by job while in compartment. (a)Any additional required parts or increased labor costs identified during contract execution will require an estimate report be submitted to customer for approval before proceeding with additional repairs. GROUP 6: CUSTOMER DELIVERABLES POP: 06 October 24 October 2014. The Government, here-after referred to as the Customer shall provide the following deliverables. ROWITEM NAMEU/IQTYDESCRIPTION 6.AWORK FORCE SAFETY TAG-OUTSGP1Customer is responsible for generating and routing for approval and clearing all Work Force Safety Tag-Out actions. 6.BHOT WORK CHITSGP1Customer is responsible for generating and routing for approval all hot work chits. 6.CFIRE WATCHGP1Customer is responsible for providing personnel. 6.DEQUIPMENT CERTIFICATIONGP1Final testing of equipment operation will be conducted by the contractor and witnessed and approved by the appropriate government representative from the Navy Habitability Program through NEXCOM. Customer will coordinate NEXCOM attendance. - End of Performance Work Statement- CLAUSES INCORPORATED BY REFERENCE 52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.212-1 Instructions to Offerors--Commercial Items JUL 2013 52.222-41 Service Contract Act Of 1965 NOV 2007 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A MAR 2014 252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program DEC 2012 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Alt III Transportation of Supplies by Sea (JUN 2013) Alternate III MAY 2002 CLAUSES INCORPORATED BY FULL TEXT 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) The Government intends to issue a single Firm Fixed Price contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers (in descending order of importance): (1)Price: The price for each proposal shall be evaluated for price reasonableness. (2)Technical acceptability: The proposal meets all requirements put for in this Solicitation. Award of this contract will go to the contractor submitting the Lowest Priced Technically Acceptable proposal. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offers specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013) ALTERNATE I (APR 2011) An offeror shall complete the annual representations and certifications electronically via http://www.acquisition.gov. at the System for Award Management (SAM) website. 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (SEP 2013) (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 reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance 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 Governmentwide 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 System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), 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-- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (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 Governments 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 Contractors 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. 4712 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, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations 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) System for Award Management (SAM). (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 SAM database, and for any liability resulting from the Governments reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating information in the SAM 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 days written notification of its intention to (A) change the name in the SAM 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 SAM 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 SAM 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 SAM database. Information provided to the Contractors SAM 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 SAM accessed through https://www.acquisition.gov. (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree click box or other comparable mechanism (e.g., ``click-wrap or ``browse-wrap agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (End of clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2014) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). (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) 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.) (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). (25) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (29) 52.222-19, Child Labor Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126). (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O. s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (52) 52.232-36, Paym
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