FBODaily.com | FedBizOpps: PRESOL | 70 | AUTOMATIC DATA PROCESSING EQUIPMENT

FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 11, 2015 FBO #4886
SOLICITATION NOTICE

70 -- AUTOMATIC DATA PROCESSING EQUIPMENT

Notice Date: 4/9/2015
Notice Type: Combined Synopsis/Solicitation
NAICS: 511210 — Software Publishers
Contracting Office: Department of the Navy, Naval Sea Systems Command, NSWC Dahlgren Division, 17362 Dahlgren Road, Suite 157, Dahlgren, Virginia, 22448-5100, United States
ZIP Code: 22448-5100
Solicitation Number: N0017815Q4312
Archive Date: 8/28/2015
Point of Contact: Carey Nicholson, Phone: 5406539863
E-Mail Address: carey.nicholson@navy.mil
(carey.nicholson@navy.mil)
Small Business Set-Aside: N/A
Description: The synopsis is being posted to the Federal Business Opportunities (FBO) page located at http://www.fbo.gov. Please feel free to use this site to access the information posted by the Naval Sea Systems Command. This requirement is not eligible for small business set-aside. The Naval Surface Warfare Center, Dahlgren Division (NSWCDD), intends to procure the following on a sole source basis from COMSOL Floating License renewals. It is the only commercial code which provides the required capabilities with the flexibility required by the program. This requirement is sole source for COMSOL in Burlington, MA. Line (Qty) Description: Item 1 (1) COMSOL Multiphysics, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 2 (1) AC/DC Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 3 (1) CAD Import Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 1 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 4 (1) ECAD Import Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 5 (1) Heat Transfer Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 6 (1) LiveLink for Excel, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 7 (1) LiveLink for MATLAB, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 8 (1) LiveLink for SOLIDWORKS, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 9 (1) Material Library, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 10 (1) Multibody Dynamics Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 11 (1) Nonlinear Structural Materials Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 12 (1) Pipe Flow Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 13 (1) Structural Mechanics Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 14 (1) COMSOL Multiphysics, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 15 (1) AC/DC Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 16 (1) CAD Import Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 17 (1) ECAD Import Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 18 (1) Heat Transfer Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 19 (1) LiveLink for Excel, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 20 (1) LiveLink for MATLAB, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 21 (1) LiveLink for SOLIDWORKS, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 22 (1) Material Library, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 23 (1) Multibody Dynamics Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 24 (1) Nonlinear Structural Materials Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 25 (1) Pipe Flow Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 26 (1) Structural Mechanics Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 27 (1) AC/DC Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 7 months subscription: 09/01/2015 through 03/31/2016. 28 (1) CAD Import Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 7 months subscription: 09/01/2015 through 03/31/2016. 29 (1) COMSOL Multiphysics, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 7 months subscription: 09/01/2015 through 03/31/2016. 30 (1) Heat Transfer Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 7 months subscription: 09/01/2015 through 03/31/2016. 31 (1) Material Library, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 7 months subscription: 09/01/2015 through 03/31/2016. 32 (1) COMSOL Multiphysics, Floating Network License (FNL) for one (1) concurrent user, License No. 1037409, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 33 (1) AC/DC Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1037409, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 34 (1) CAD Import Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1037409, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 35 (1) COMSOL Multiphysics, Floating Network License (FNL) for one (1) concurrent user, License No. 1037409, 10 months subscription: 06/01/2015 through 03/31/2016. 36 (1) AC/DC Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1037409, 10 months subscription: 06/01/2015 through 03/31/2016. 37 (1) CAD Import Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1037409, 10 months subscription: 06/01/2015 through 03/31/2016. 38 (2) COMSOL Multiphysics, Floating Network License (FNL) for one (1) concurrent user, License No. 2075282, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 39 (2) AC/DC Module, Floating Network License (FNL) for one (1) concurrent user, License No. 2075282, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 40 (2) CAD Import Module, Floating Network License (FNL) for one (1) concurrent user, License No. 2075282, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 41 (1) ECAD Import Module, Floating Network License (FNL) for one (1) concurrent user, License No. 2075282, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 42 (1) LiveLink for Excel, Floating Network License (FNL) for one (1) concurrent user, License No. 2075282, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 43 (2) LiveLink for MATLAB, Floating Network License (FNL) for one (1) concurrent user, License No. 2075282, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 44 (2) Material Library, Floating Network License (FNL) for one (1) concurrent user, License No. 2075282, 2 months subscription: 04/01/2015 through 05/31/2015. (REINSTATEMENT FEES) 45 (2) COMSOL Multiphysics, Floating Network License (FNL) for one (1) concurrent user, License No. 2075282, 10 months subscription: 06/01/2015 through 03/31/2016. 46 (2) AC/DC Module, Floating Network License (FNL) for one (1) concurrent user, License No. 2075282, 10 months subscription: 06/01/2015 through 03/31/2016. 47 (2) CAD Import Module, Floating Network License (FNL) for one (1) concurrent user, License No. 2075282, 10 months subscription: 06/01/2015 through 03/31/2016. 48 (1) ECAD Import Module, Floating Network License (FNL) for one (1) concurrent user, License No. 2075282, 10 months subscription: 06/01/2015 through 03/31/2016. 49 (1) LiveLink for Excel, Floating Network License (FNL) for one (1) concurrent user, License No. 2075282, 10 months subscription: 06/01/2015 through 03/31/2016. 50 (2) LiveLink for MATLAB, Floating Network License (FNL) for one (1) concurrent user, License No. 2075282, 10 months subscription: 06/01/2015 through 03/31/2016. 51 (2) Material Library, Floating Network License (FNL) for one (1) concurrent user, License No. 2075282, 10 months subscription: 06/01/2015 through 03/31/2016. 52 (1) AC/DC Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 8 months subscription: through 04/30/2015. (REINSTATEMENT FEES) 53 (1) CAD Import Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 8 months subscription: through 05/31/2015. (REINSTATEMENT FEES) 54 (1) COMSOL Multiphysics, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 8 months subscription: through 05/31/2015. (REINSTATEMENT FEES) 55 (1) Heat Transfer Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 8 months subscription: through 05/31/2015. (REINSTATEMENT FEES) 56 (1) Material Library, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 8 months subscription: through 05/31/2015. (REINSTATEMENT FEES) 57 (1) Nonlinear Structural Materials Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 8 months subscription: through 05/31/2015. (REINSTATEMENT FEES) 58 (1) Optimization Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 8 months subscription: through 05/31/2015. (REINSTATEMENT FEES) 59 (1) Pipe Flow Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 8 months subscription: through 05/31/2015. (REINSTATEMENT FEES) 60 (1) Structural Mechanics Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 8 months subscription: through 05/31/2015. (REINSTATEMENT FEES) 61 (1) COMSOL Multiphysics, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 62 (1) AC/DC Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 63 (1) CAD Import Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 64 (1) Heat Transfer Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 65 (1) Material Library, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 66 (1) Nonlinear Structural Materials Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 67 (1) Optimization Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 68 (1) Pipe Flow Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. 69 (1) Structural Mechanics Module, Floating Network License (FNL) for one (1) concurrent user, License No. 1070697, 10 months subscription: 06/01/2015 through 03/31/2016. -Unit of Issue - LT -Delivery 2 days ARO Only the products identified above will be accepted; deviations will not be accepted. The order shall be firm fixed priced. Shipping shall be FOB Dahlgren, VA 22448. Any shipping cost shall be incorporated into the unit cost of the items listed. Delivery shall be 2 days ARO. Inspection and acceptance shall be made by the government at the NSWC Dahlgren. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The synopsis number is N00178-14-Q-4312 and is a Request for Quote. Simplified Acquisition Procedures (SAP) will be utilized for award in accordance with FAR Part 13 as a firm fixed price order. THIS ANNOUNCEMENT CONSTITUTES THE ONLY REQUEST FOR QUOTATION, AS ALL ITEMS ARE SPECIFIFED UNDER THIS NOTICE AND A WRITTEN SOLICIATION WILL NOT BE ISSUED. DFAR 252.232-7003 (Electronic Submission of Payment Requests and Receiving Reports) is applicable to this purchase. Pricing should be FOB Destination to Naval Surface Warfare Center, 6220 Tisdale Road, Dahlgren, VA 22448-5114. Questions and responses regarding this synopsis/solicitation may be submitted by Email to carey.nicholson@navy.mil. All questions shall be submitted to the Government POC listed no later than 12 p.m., 14 April 2015 to allow ample response time before the close of the bidding period. Email or Fax should reference Synopsis/Solicitation Number N00178-15-Q-4312 in the subject line. In order to be eligible for award, firms must be registered in the System for Award Management (SAM). Offerors may obtain information on registration in SAM by calling 866-606-8220, or via the Internet at https://www.sam.gov. Quote is due 14 APRIL 2015, no later than 12 Noon (Eastern Time). Quotes may be submitted by Email in Microsoft Word or Adobe pdf format to carey.nicholson@navy.mil. Email should reference Request for Quote N00178-15-Q-4312 in the subject line. The following provisions/clauses are applicable to this specific procurement: Section F - Deliveries or Performance 52.247-34 F.O.B. Destination NOV 1991 Section G - Contract Administration Data CLAUSES INCORPORATED BY REFERENCE 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Section I - Contract Clauses 52.204-7 System for Award Management DEC 2012 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting NOV 2014 52.204-17 Ownership or Control of Offeror NOV 2014 52.204-18 Commercial and Government Entity Code Maintenance NOV 2014 52.204-19 Incorporation by Reference of Representations and Certificates DEC 2014 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment AUG 2013 52.211-15 Defense Priority and Allocation Requirement APR 2008 52.212-1 Instructions to Offerors- Commercial items APR 2014 52.212-3 Offeror Representations and Certifications-Commercial Items MAR 2015 52.212-4 Contract Terms and Conditions - Commercial Items JUL 2013 52.232-1 Payments APR 1984 52.232-8 Discounts for Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-25 Prompt Payments JUL 2013 52-233-1 Disputes MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.244-6 Subcontracts for Commercial Items MAR 2015 252.203-7000 Requirement Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-0001 Line Item Specific: Single Funding SEP 2009 252.204-7000 Disclosure of Information AUG 2013 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding of Unclassified Controlled Technical Information NOV 2013 252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.225-7001 Buy American and Balance Of Payments Program-Basic NOV 2014 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.239-7018 Supply Chain Risk NOV 2013 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014 CLAUSES INCORPORATED BY FULL TEXT 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). ____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note). ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313). ____ (10) [Reserved] ____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). ____ (ii) Alternate I (NOV 2011) of 52.219-3. ____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ____ (ii) Alternate I (JAN 2011) of 52.219-4. ____ (13) [Reserved] ____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). ____ (ii) Alternate I (NOV 2011). ____ (iii) Alternate II (NOV 2011). ____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ____ (ii) Alternate I (Oct 1995) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7. ____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)). ____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (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) Alternate III (OCT 2014) of 52.219-9. ____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). ____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). ____ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). ____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). ____ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)). ____ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XX (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). XX (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). ____ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). ____ (31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212). ____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ____ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ____ (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (35) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014)+(E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-13. ____ (36)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-14. ____ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (38)(i) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-16. XX (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). NR (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). NR (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. NR (ii) Alternate I (May 2014) of 52.225-3. NR (iii) Alternate II (May 2014) of 52.225-3. NR (iv) Alternate III (May 2014) of 52.225-3. NR (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (43) 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). ____ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ____ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 ____ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (49) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332). ____ (50) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). ____ (51) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). ____ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). ____ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) _____ (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). _____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). _____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67). _____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67). _____ (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). _____ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). _____ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). _____ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) 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 (JUL 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (ix) 52.222-41, Service Contract Labor Standards (May 2014),(41 U.S.C. chapter 67). (x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). _____Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xvi) 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. (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658). (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) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses: http://www.arnet.gov/far http://www.acq.osd.mil/dpap (End of clause) 252.209-7992 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL YEAR 2015 APPROPRIATIONS (DEVIATION 2015-OO0005) (DEC 2014) (a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 252.209-7993 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL YEAR 2014 APPROPRIATIONS (DEVIATION 2014-OO0009) (FEB 2014) (a) In accordance with sections 8113 and 8114 of the Department of Defense Appropriations Act, 2014, and sections 414 and 415 of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2014 (Public Law 113-76, Divisions C and J), none of the funds made available by those divisions (including Military Construction funds) may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 252.209-7994 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL YEAR 2014 APPROPRIATIONS (DEVIATION 2014-O0004) (OCTOBER 2013) (a) In accordance with section 101(a) of Division A of the Continuing Appropriations Act, 2014 (Pub. L. 113-46), none of the funds made available by that Act for DoD (including Military Construction funds) may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 252.209-7995 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAXLIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL YEAR 2013 APPROPRIATIONS (DEVIATION 2013-O0010) (APR 2013) (a) In accordance with sections 8112 and 8113 of Division C and sections 514 and 515 of Division E of the Consolidated and Further Continuing Appropriations Act, 2013,(Pub. L. 113-6), none of the funds made available by that Act for DoD (including Military Construction funds) may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 252.209-7996 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW - DOD MILITARY CONSTRUCTION APPROPRIATIONS (DEVIATION 2013-O0006) (JAN 2013) (a) In accordance with section 101(a)(10) of the Continuing Appropriations Resolution, 2013, (Pub. L. 112-175) none of the funds made available by that Act for military construction may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 252.209-7997 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-DOD APPROPRIATIONS (DEVIATION 2013-O0006) (JAN 2013) (a) In accordance with section 101 (a) (3) of the Continuing Appropriations Resolution, 2013, (Pub. L. 112-175) none of the funds made available by that Act for general appropriations for DoD may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012) (a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months. (End of provision)
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