Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF MAY 17, 2015 FBO #4922
SOLICITATION NOTICE

61 -- Enersys battery charger remote control kits for DLA Distribution Susquehanna Pennsylvania - Limited Source-Brand Name Justification

Notice Date

5/15/2015
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

335999 — All Other Miscellaneous Electrical Equipment and Component Manufacturing
 

Contracting Office

Defense Logistics Agency, DLA Acquisition Locations, DLA Distribution, J Avenue, DDC J7-AB, Bldg 404, New Cumberland, Pennsylvania, 17070-5001, United States
 

ZIP Code

17070-5001
 

Solicitation Number

SP3300-15-Q-0072
 

Archive Date

6/13/2015
 

Point of Contact

Vance W. Rosebush, Phone: 7177705698, Christopher C. Rowe, Phone: 7177707133
 

E-Mail Address

vance.rosebush@dla.mil, christopher.rowe@dla.mil
(vance.rosebush@dla.mil, christopher.rowe@dla.mil)
 

Small Business Set-Aside

N/A
 

Description

Limited Source-Brand Name Justification SP3300-15-Q-0072 Combined Synopsis Solicitation-Enersys battery charger remote control kits for DLA Distribution Susquehanna Pennsylvania (DDSP). This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6 in conjunction with Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-82 effective date 07 May 2015, Defense Federal Acquisition Regulation Supplement (DFARS) DPN Current to DPN 20150420 Effective 20 Apr 2015 Edition, and Defense Logistics Acquisition Directive (DLAD) PROCLTR 2015-08 Current to Revision 5. The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil. Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449. Method of invoicing and payment for supplies under this order will be made by DFAS via Wide Area Workflow (WAWF). The table below serves as the schedule of supplies/services to include: a list of contract line item number(s) (CLINs); item descriptions; quantities; the unit of measure(s); unit price; and total price for each CLIN. Schedule of Supplies/Services Item Number: 0001 Item Description: Firm-Fixed Price. FOB Destination. Enersys EnForcer HF IQ Remote Control Kit, Enersys part number X225-RCK-3, compatible with Enersys EQ3 battery charging system. Delivery Point: FOB Destination to DLA Distribution Susquehanna Pennsylvania (DDSP), New Cumberland, PA 17070. Quantity: 90 Unit: Each (EA) Unit Price: __________ Total Price: __________ Proposed Delivery Date: ___________ Provisions FAR 52.212-1 - Instructions to Offerors-Commercial Items (Apr 2014) The following provisions are addenda to FAR 52.212-1 - Instructions to Offerors-Commercial Items (Apr 2014) incorporated by reference: FAR PROVISION TITLE DATE 52.204-7 System for Award Management Jul 2013 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations-Representation Dec 2014 52.222-22 Previous Contracts and Compliance Reports Feb 1999 52.222-25 Affirmative Action Compliance Apr 1984 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications Dec 2012 DFARS PROVISION TITLE DATE 252.204-7004 Alternate A, System For Award Management Feb 2014 DLAD PROVISION TITLE DATE N/A The following provisions are addenda to FAR 52.212-1 - Instructions to Offerors-Commercial Items (Apr 2014) incorporated in full text: FAR 52.212-1 - Instructions to Offerors-Commercial Items (Apr 2014) (a) This acquisition will be conducted on a brand name, unrestricted basis. Reference attached Limited Source-Brand Name Justification. The Product Service Code (PSC) applicable to this acquisition is 6150, Miscellaneous Electric Power and Distribution Equipment. The North American Industry Classification System (NAICS) code applicable to this acquisition is 335999, All Other Miscellaneous Electrical Equipment and Component Manufacturing with a small business size standard of 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show -- (1) The solicitation number. (2) The name, address, and telephone number of the offeror. Company name, address, telephone number, e-mail address, and FAX number. (3) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary. (4) Terms of any express warranty. (5) Price and any discount terms. Unit Price and extended prices for all CLIN(S). Offerors shall use the table beginning on page 1 to complete their pricing. (6) Quotes shall be submitted via email to vance.rosebush@dla.mil. (7) Contractors are required to include a copy of the FAR provision 52.212-3-Offeror Representations and Certifications-Commercial Items with its proposal or may indicate completion of the representations and certifications on the internet at www.sam.gov. Failure to include the certifications along with the price proposal or to complete the certifications on the internet may result in elimination from consideration for award. (8) Acknowledgment of Solicitation Amendments. (9) Contractor Commercial and Government Entity (CAGE) Code. (10) Quotations may be submitted in contractor format. If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold prices in its offer firm for 60 calendar days from the date specified for receipt of offers. The following paragraphs referenced under provision FAR 52.212-1 are deleted: (d) Product samples; (e) Multiple Offers; (h) Multiple Awards, (i) Availability of requirements documents cited in the solicitation, and (j) Data Universal Numbering System (DUNS) Number. (f) Late submissions, modifications, revisions, and withdrawals of offers. Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. The time specified in the solicitation for receipt of offers-NO LATER THAN 3:00 PM EDT ON April 29, 2015 AT 3:00 PM EST to be considered for award. (g) Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: Purchase order number, award amount, and awardee name. (End of Provision) DLAD 52.233-9000 Agency Protests (NOV 2011) (a) Companies protesting this procurement may file a protest (1) With the Contracting Officer, (2) With the Government Accountability Office (GAO), or (3) Pursuant to Executive Order Number 12979, with the Agency for a decision by the Activity's Chief of the Contracting Office. (b) Protests filed with the agency should clearly state that they are an "Agency Level Protest under Executive Order Number 12979." (c) Defense Logistics Agency (DLA) procedures for Agency Level Protests filed under Executive Order Number 12979 allow for a higher level decision on the initial protest than would occur with a protest to the Contracting Officer; this process is not an appellate review of a Contracting Officer's decision on a protest previously filed with the Contracting Officer. Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be protests to the Contracting Officer. (End of Provision) DLAD 52.233-9001 Disputes: Agreement to use Alternative Dispute Resolution (ADR) (NOV 2011) (a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute. (b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate. (c) The offeror should check here to opt out of this clause: [ ] Alternate wording may be negotiated with the Contracting Officer. (End of Provision) FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014) (a) Quotes will be evaluated in accordance with FAR 13.106-2. The Government intends to award a Firm-Fixed Price commercial contract resulting from this notice on an all or none basis to one responsible offeror whom 1) proposes the brand name product addressed in the requirement description and 2) offers the lowest price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) 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 offer's 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) FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Mar 2015) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision. (End of Provision) Clauses FAR 52.212-4 - Contract Terms and Conditions - Commercial Items (May 2015) The following clauses are addenda to FAR 52.212-4 - Commercial Items incorporated by reference: FAR CLAUSE TITLE DATE 52.204-13 System for Award Management Maintenance Jul 2013 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.246-16 Responsibility for Supplies Apr 1984 DFARS CLAUSE TITLE DATE 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Sep 2013 252.204-7003 Control of Government Personnel Work Product Apr 1992 252.243-7001 Pricing of Contract Modifications Dec 1991 DLAD CLAUSE TITLE DATE 52.211-9010 Shipping Label Requirements - Military Standard (MIL-STD) 129P Apr 2014 52.211-9010 Alt I Aug 2005 52.211-9014 Contractor Retention of Traceability Documentation Aug 2012 The following clauses are addenda to FAR 52.212-4 - Contract Terms and Conditions - Commercial Items incorporated in full text: FAR 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 address(es): http://www.dla.mil/j-3/j-336/icps.htm. (This page can also be reached by accessing the J-71 Web page at http://www.dla.mil/j-3/j-336/logisticspolicy/procurementlinks2.htm and selecting "Go to FAR/DFARS & Local Clauses." http://www.dla.mil/Acquisition http://farsite.hill.af.mil/ (End of Clause) DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (MAY 2013) (a) Definitions. As used in this clause- "Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization. "Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). "Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/ (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). _________________Invoice__________________________________________ (Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.) (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. _________________N/A__________________________________________ (Contracting Officer: Insert inspection and acceptance locations or "Not applicable.") (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SP3300 Admin DoDAAC SP3300 Inspect By DoDAAC N/A Ship To Code SB3300 Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A (*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.") (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. ____________________N/A_______________________________________ (Contracting Officer: Insert applicable email addresses or "Not applicable.") (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. ___________________N/A________________________________________ (Contracting Officer: Insert applicable information or "Not applicable.") (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) DLAD 52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM) (Feb 2007) (a) This clause only applies when wood packaging material (WPM) will be used to make shipments under this contract and/or when WPM is being acquired under this contract." (b) Definition. Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD). (c) All wood packaging material (WPM) used to make shipments under Department of Defense (DOD) contracts and/or acquired by DOD must meet requirements of international standards for phytosanitary measures (ISPM) 15, "Guidelines for Regulating Wood Packaging Materials in International Trade." DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo. (1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) wood packaging material program and WPM enforcement regulations (see http://www.alsc.org/). (2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ASLC approved dunnage stamp. (d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government." (End of Clause) Illegal Items not Authorized on Federal Installation Illegal drugs, guns or other contraband are not authorized on this Federal installation. It is the Contractor's responsibility to ensure that its employees working on-site at this installation are U. S. citizens or legal aliens with no outstanding warrants. This installation is manned by a DoD Police Force who possesses apprehension authority, which includes holding suspects for local authorities. The local authorities can issue a citation that charges the individual with a specific offense and requires the individual to appear before a Federal Magistrate. This agency processes illegal aliens in accordance with INS instructions. (End of Text) Mark Contract Number on all Correspondence Contractor must mark the contract or purchase order number on all paperwork and shipments. The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense. (End of Text) FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2015) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _x__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 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). ___ (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 (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (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. _x__ (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-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _x__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 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 (Jul 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 (Jul 2013) (15 U.S.C. 637(m)). _x__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _x__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _x__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _x__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). _x__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (Jul 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). _x__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (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.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) (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. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (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. _x__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _x__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 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). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _x__ (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (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 (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) _x___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 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.) (xiii) 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) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 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). (xvii) 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. (xviii) 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) 52.212-9002 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (NOV 2014) The Contractor shall comply with any clause that is checked on the following list 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. _____FAR 52.203-3, Gratuities (APR 1984) 2. _x____DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 3. _____DFARS 252.203-7003, Agency Office of the Inspector General (DEC 2012) 4. _x____ DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV 2011) 5. _____ DFARS 252.204-7011, Alternative Line Item Structure (SEP 2011) 6. _x____ DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information (NOV 2013) 7. _____ DFARS 252.204-7013, Limitations on the Use or Disclosure of Information by Litigation Support Solicitation Offerors (FEB 2014) 8. _____ DFARS 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors (FEB 2014) 9. _____ DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors (FEB 2014) 10. _____ DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) 11. _____ DFARS 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country (JAN 2009) 12. _____ DFARS 252.211-7003, Item Unique Identification and Valuation (DEC 2013) 13. _x____ DFARS 252.211-7006, Passive Radio Frequency Identification (SEP 2011) 14. _____ DFARS 252.211-7007, Reporting of Government-Furnished Property (AUG 2012) 15. _____ DFARS 252.215-7003, Requirements for Submission of Data Other Than Certified Cost or Pricing Data-Canadian Commercial Corporation (JUL 2012) 16. _____ DFARS 252.215-7004, Requirement for Submission of Data other Than Certified Cost or Pricing Data-Modifications-Canadian Commercial Corporation (OCT 2013) 17. _____ DFARS 252.215-7007, Notice of Intent to Resolicit (JUN 2012) 18. _____ DFARS 252.215-7008, Only One Offer (OCT 2013) 19. _____ DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2014) 20. _____ DFARS 252.219-7004, Small Business Subcontracting Plan (Test Program) (OCT 2014) 21. _x____ DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013) 22. _____ DFARS 252.225-7000, Buy American-Balance of Payments Program Certificate (JAN 2014) a. _____Alternate I (DEC 2010) of 52.225-7000 23. _x____ DFARS 252.225-7001, Buy American and Balance of Payments Program (Nov 2014) a. _____Alternate I (JAN 2014) of 252.225-7001 24. _____ DFARS 252.225-7008, Restriction on Acquisition of Specialty Metals (MAR 2013) 25. _____ DFARS 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (OCT 2014) 26. _____ DFARS 252.225-7010, Commercial Derivative Military Article-Specialty Metals Compliance Certificate (JUL 2009) 27. _____ DFARS 252.225-7012, Preference for Certain Domestic Commodities (FEB 2013) 28. _____ DFARS 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) 29. _____ DFARS 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) 30. _____ DFARS 252.225-7017, Photovoltaic Devices (JAN 2014) 31. _____ DFARS 252.225-7018, Photovoltaic Devices-Certificate (JAN 2014) 32. _____ DFARS 252.225-7020, Trade Agreements Certificate (JAN 2005) a. _____Alternate I (DEC 2010) of 252.225-7020 33. _____ DFARS 252.225-7021, Trade Agreements (OCT 2013) a. _____Alternate II (OCT 2011) of 252.225-7021 34. _____ DFARS 252.225-7023, Preference for Products or Services from Afghanistan (SEP 2013) 35. _____ DFARS 252.225-7024, Requirement for Products or Services from Afghanistan (SEP 2013) 36. _____ DFARS 252.225-7026, Acquisition Restricted to Products or Services from Afghanistan (SEP 2013) 37. _____ DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) 38. _____ DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) 39. _____ DFARS 252.225-7029, Acquisition of Uniform Components for Afghan Military or Afghan National Police (SEP 2013) 40. _____ DFARS 252.225-7031, Secondary Arab Boycott of Israel (JUN 2005) 41. _____ DFARS 252.225-7035, Buy American-Free Trade Agreements-Balance of Payments Program Certificate (NOV 2012) a. _____Alternate I (OCT 2013) of 252.225-7035 b. _____Alternate II (NOV 2012) of 252.225-7035 c. _____Alternate III (JUN 2012) of 252.225-7035 d. _____Alternate IV(NOV 2012) of 252.225-7035 e. _____Alternate V (NOV 2012) of 252.225-7035 42. _x____ DFARS 252.225-7036, Buy American --Free Trade Agreements--Balance of Payment Program (DEC 2012) a. _____Alternate I (JUN 2012) of 252.225-7036 b. _____Alternate II (NOV 2012) of 252.225-7036 c. _____Alternate III (JUN 2012) of 252.225-7036 d. _____Alternate IV (NOV 2012) of 252.225-7036 e. _____Alternate V (NOV 2012) of 252.225-7036 43. _____ DFARS 252.225-7037, Evaluation of Offers for Air Circuit Breakers (JUN 2005) 44. _____ DFARS 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) 45. _____ DFARS 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States (MAY 2014) 46. _____ DFARS 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States (MAR 2006) 47. _____ DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) 48. _____ DFARS 252.227-7013, Rights in Technical Data - Noncommercial Items (FEB 2014) 49. _____ DFARS 252.227-7015, Technical Data -- Commercial Items (FEB 2014b) 50. _____ DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013), 51. _x____ DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (JUN 2012) 52. _____ DFARS 252.232-7009, Mandatory Payment by Governmentwide Commercial Purchase Card (DEC 2006) 53. _x____ DFARS 252.232-7010, Levies on Contract Payments (DEC 2006) 54. _____ DFARS 252.232-7011, Payments in Support of Emergencies and Contingency Operations (MAY 2013) 55. _____ DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013) 58. _____ DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013) 57. _____ DFARS 252.239-7017, Notice of Supply Chain Risk (NOV 2013) 58. _____ DFARS 252.239-7018, Supply Chain Risk (NOV 2013) 59. _____ DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2012) 60. _x____ DFARS 252.244-7000, Subcontracts for Commercial Items (JUN 2013) 61. _____ DFARS 252.246-7003, Notification of Potential Safety Issues (JUN 2013) 62. _____ DFARS 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) 63. _____ DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013) 64. _____ DFARS 252.247-7022, Representation of Extent of Transportation by Sea (AUG 1992) 65. _x____ DFARS 252.247-7023, Transportation of Supplies by Sea (APR 2014). a. _____Alternate I (APR 2014) of 252.247-7023. b. _____Alternate II (APR 2014) of 252.247-7023 66. _x____ DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) 67. _____ DFARS 252.247-7025, Reflagging or Repair Work (JUN 2005) 68. _____ DFARS 252.247-7026, Evaluation Preference for Use of Domestic Shipyards - Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade (NOV 2008) 69. _____ DFARS 252.247-7027, Riding Gang Member Requirements (OCT 2011) 70. _____ DFARS 252.247-7028, Application for U.S Government Shipping Documentation/Instructions (JUN 2012) In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, 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. DFARS 252.227-7013, Rights in Technical Data - Noncommercial Items (FEB 2014) 2. DFARS 252.227-7015, Technical Data - Commercial Items (FEB 2014) 3. DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013) 4. DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013) 5. DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013) 6. DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013) 7. DFARS 252.247-7023, Transportation of Supplies by Sea (APR 2014) 8. DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (End of Clause)
 

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Zip Code: 17070
 

Record

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