Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 10, 2016 FBO #5252
SOLICITATION NOTICE

J -- Maintenance and Repair of Tape Drives - Attachments to Solicitation

Notice Date

4/8/2016
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

811212 — Computer and Office Machine Repair and Maintenance
 

Contracting Office

National Archives and Records Administration, NAA, Acquisitions Division, 8601 Adelphi Road, Room 3340, College Park, Maryland, 20740-6001, United States
 

ZIP Code

20740-6001
 

Solicitation Number

NAMA-16-Q-0027
 

Archive Date

5/11/2016
 

Point of Contact

Cynthia D. Jones, Phone: 301-837-1860, Santo C Plater, Phone: 301-837-2059
 

E-Mail Address

cynthia.jones@nara.gov, santo.plater@nara.gov
(cynthia.jones@nara.gov, santo.plater@nara.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

Attachment 6 - Wage Determination Attachment 5 - Tape Drive Inventory List Attachment 1 - Schedule of Prices This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number is NAMA-16-Q-0027 and is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-87 effective April 6, 2016. This is 100% set-aside for small business under NAICS code 811212, Computer and Office Machine Repair and Maintenance, with a small business size standard of $27.5 million in average annual receipts. CONTRACT LINE ITEM NUMBER(S): See Attachment 1, Schedule of Prices. REQUIREMENT: The National Archives and Records Administration (NARA) has a requirement to obtain maintenance and repair services for tape drives. See Attachment 2, Performance Work Statement (PWS). PERIOD OF PERFORMANCE: The period of performance will consist of a base year and four (4) option years. The following Federal Acquisition Regulation (FAR) clauses are incorporated and are to remain in full force in any resultant contract, with the exception of FAR provisions which will be removed prior to award: FAR 52.212-1. Instructions to Offerors - Commercial Items (Oct 2015). Addenda: Delete paragraph (h), Multiple Awards. - see below for additional quotation submission instructions. EVALUATION (In lieu of FAR 52.212-2): Evaluation and award will be in accordance with Simplified Acquisition Procedures at FAR Subpart 13.106, Soliciting Competition, Evaluation of Quotations or Offers, Award and Documentation authorized by FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. Selection of the Contractor to perform this contract will be based on NARA's assessment of the best overall value to the Government. Accordingly, best value for this procurement will be obtained through a lowest price technically acceptable evaluation. Exceptions taken to any terms and conditions stated in the RFQ must be clearly outlined on a separate page of the Contractor's quotation entitled "Exceptions". The Contractor must also include complete rationale, justification, and the cost impact of each exception noted. The Government reserves the right to make an award on the initial quotation without discussions of this procurement. For evaluation purposes, the Total Contract Price will be used to determine the lowest price. The Total Option Year Price for each CLIN will be determined by multiplying the quantity by the unit price. The evaluated Total Contract Price will be determined by summing the Total Option Year Price of all performance years (base year and all option years). Contractors must provide pricing (USD) for each CLIN in accordance with Attachment 1, Schedule of Prices. Failure to submit any of the required information and documentation with the quotation may result in rejection of the quotation. FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Mar 2016) - 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 (q) of this provision. FAR 52.212-4, Contract Terms and Conditions - Commercial Items (May 2015) - see Attachment 3, Additional NARA Terms and Conditions (Addenda to FAR clause 52.212-4). FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Mar 2016) - see Attachment 4, FAR Clauses for full text of this clause and for additional applicable FAR clauses. FAR 52.222-41, Service Contract Labor Standards (May 2014) - see attached Wage Determination. FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts (May 2014). Full text provisions and clauses can be found at https://www.acquisition.gov. QUESTIONS: Questions regarding this RFQ must be submitted in writing to the contract specialist, Ms. Cynthia Jones, at cynthia.jones@nara.gov no later than 12:00 PM eastern time on April 14, 2016 to be considered. Questions submitted in any other manner will not be answered. The Government will answer questions or requests for clarification via a written RFQ amendment. QUOTATION DUE DATE: Quotations must be received by 12:00 PM eastern time on April 26, 2016. Failure to submit quotations by the due date and time may result in rejection of the quotation as untimely. Contractors submitting via e-mail are cautioned to allow one extra business day for delivery and confirm receipt of quotation as the e-mail will need to pass through IT security. QUOTATION SUBMISSION INSTRUCTIONS: NARA requests that contractors email one (1) copy of the quotation to: cynthia.jones@nara.gov. However, contractors may mail one (1) hardcopy and one (1) CD of each quotation. Mailed quotations must be sent to: National Archives and Records Administration, Attention: Ms. Cynthia Jones, 8601 Adelphi Road, Room 3400, College Park, MD 20740-6001. ATTACHMENT 1 Schedule of Prices Base Year - Months 1-12 CLIN DESCRIPTION Quantity Unit Of Issue UNIT PRICE TOTAL FIRM FIXED PRICE 0001 The Contractor shall provide Maintenance and Repair Services for Tape Drives in accordance with the PWS. 12 Month tiny_mce_marker _____ tiny_mce_marker ______ 0002 RESERVE -- -- -- -- TOTAL BASE YEAR PRICE: tiny_mce_marker _______ Option Year 1 - Months 13-24 CLIN DESCRIPTION Quantity Unit Of Issue UNIT PRICE TOTAL FIRM FIXED PRICE 0003 The Contractor shall provide Maintenance and Repair Services for Tape Drives in accordance with the PWS. 12 Month tiny_mce_marker _____ tiny_mce_marker ______ 0004 RESERVE -- -- -- -- TOTAL OPTION YEAR 1 PRICE: tiny_mce_marker _______ Option Year 2 - Months 25-36 CLIN DESCRIPTION Quantity Unit Of Issue UNIT PRICE TOTAL FIRM FIXED PRICE 0005 The Contractor shall provide Maintenance and Repair Services for Tape Drives in accordance with the PWS. 12 Month tiny_mce_marker _____ tiny_mce_marker ______ 0006 RESERVE -- -- -- -- TOTAL OPTION YEAR 2 PRICE: tiny_mce_marker _______ Option Year 3 - Months 37-48 CLIN DESCRIPTION Quantity Unit Of Issue UNIT PRICE TOTAL FIRM FIXED PRICE 0007 The Contractor shall provide Maintenance and Repair Services for Tape Drives in accordance with the PWS. 12 Month tiny_mce_marker _____ tiny_mce_marker ______ 0008 RESERVE -- -- -- -- TOTAL OPTION YEAR 3 PRICE: tiny_mce_marker _______ Option Year 4 - Months 49-60 CLIN DESCRIPTION Quantity Unit Of Issue UNIT PRICE TOTAL FIRM FIXED PRICE 0009 The Contractor shall provide Maintenance and Repair Services for Tape Drives in accordance with the PWS. 12 Month tiny_mce_marker _____ tiny_mce_marker ______ 0010 RESERVE -- -- -- -- TOTAL OPTION YEAR 4 PRICE: tiny_mce_marker _______ TOTAL CONTRACT (Base Year Plus Option Years) PRICE: tiny_mce_marker _______ NOTE 1: Contractor must provide a written statement indicating their ability to provide the services required in the Performance Work Statement. NOTE 2: There will be no site visits for this requirement. Contractor is not required to have a security clearance. ATTACHMENT 2 PERFORMANCE WORK STATEMENT MAINTENANCE AND REPAIR SERVICES FOR TAPE DRIVES 1.0 BACKGROUND INFORMATION 1.1 The National Archives and Records Administration (NARA) is an independent Federal agency that helps safeguard and preserve our nation's history by overseeing the management of all Federal records. The stories of our nation and our people are told in the records and artifacts cared for in NARA facilities around the country and people can discover, use, and learn from this documentary heritage. The mission is to ensure ready access to the essential evidence that documents the rights of American citizens, the actions of Federal officials, and the national experience. 1.2 The National Archives and Records Administration (NARA) has a requirement for maintenance and repair services for tape drives supporting the Archival Preservation System (APS) and the Archival Electronic Records Inspection and Control System (AERIC). The maintenance and repair services will cover 136 tape drives on-line (e.g. 3480, 3490, DLT, 8000, 9-track, etc.). This maintenance is needed due to repeated use and the age of the drives, and to ensure that they remain functional. Additional tape drives, not covered under this requirement, can be swapped out when needed or used for spare parts. 1.3 Most tape drives are utilized to process Unclassified, Title-13, and classified data for archival preservation purposes. The APS is a custom-developed software system used by NARA to manage the technical administration of accession, preservation, and reference of permanent, electronic records within NARA. As of recently, the APS is used to process classified (TS, TS-SCI) electronic records preservation and produce reference copy and also used for migration of the permanent unclassified record to the Electronic Records Archives System (ERA). The unclassified AERIC system is also used for verification of those permanent records processed by the APS system. The ERA system does not currently have the capability to extract electronic records from 3480, 3490, DLT, and 9-track tapes. These functions are to be subsumed by NARA's ERA system. 2.0 SCOPE 2.1 The National Archives and Records Administration (NARA) has a requirement for maintenance and repair services for tape drives supporting the Archival Preservation System (APS) and Archival Electronic Records Inspection and Control System (AERIC). There are 136 tape drives (e.g. 3480, 3490, DLT, 8000, 9-track, etc.) that will require maintenance and repair services due to the age of the drives to ensure that the tape drives remain functional. 2.2 Quarterly Maintenance and Repair Services for Tape Drives 2.2.1 There are 136 tape drives on-line and ready to be used. However, not all tape drives are being used constantly. On each quarterly maintenance visit to NARA, the NARA Point of Contact (POC) will identify those tape drives which have been used excessively and need maintenance and those that are in need of repair. On a typical visit there will be approximately 20-25 tape drives needing maintenance and 2-7 of those will usually need minor repairs. The Contractor will determine if repairs can be done on-site or at its facility. 2.2.2 Contractor shall repair broken or malfunctioning drives and provide replacement parts as required. 2.2.3 Contractor shall remove sticky labels from tape drives. 2.2.4 Contractor shall provide preventative maintenance on the tape drives identified by the NARA POC. Preventative maintenance shall include: • Inspection of system and tape drives • Cleaning drives • Removal of sticky labels from tape drives • Making any necessary adjustments • Basic manufacturer suggested maintenance 2.3 Repairs to tape drives are required to be completed within one week of receiving approval from the NARA POC to perform the repair services. If repairs cannot be completed within one week, the Contractor shall inform the NARA POC immediately. 2.4 After each quarterly inspection, Contractor shall provide a maintenance report detailing any findings. The maintenance report must be submitted to the NARA POC within two days of the inspection. 2.5 Tape drives may be repaired onsite or offsite. 2.6 Contractor shall get approval from the NARA POC prior to performing any onsite or offsite repairs on malfunctioning drives. 2.7 Contractor shall provide all parts, tools, and personnel necessary to perform maintenance and repair services. 3.0 PLACE OF PERFORMANCE 3.1 Maintenance and repair services may be performed at the following location or offsite: National Archives and Records Administration 8601 Adelphi Road College Park, MD 20740 3.2 No transportation or travel expenses will be paid. 4.0 HOURS OF OPERATION 4.1 Work shall be undertaken during regular business hours, Monday through Friday, 8:00 AM - 4:00 PM ET, unless mutually agreed upon by the NARA Point of Contact and the Contractor. ATTACHMENT 3 ADDITIONAL NARA TERMS AND CONDITIONS (Addenda to FAR clause 52.212-4) I. GOVERNMENT CONTRACT ADMINISTRATION A. This contract will be administered by: National Archives and Records Administration Acquisitions Branch, Code BCN 8601 Adelphi Road, Room 3340 College Park, MD 20740-6001 B. Contract Specialist (CS): Cynthia Jones Telephone: 301-837-1860 Email: cynthia.jones@nara.gov The Contracting Officer (CO) has the overall responsibility for the administration of this contract. Written communication to the Contract Specialist (CS) must make reference to the contract number and must be emailed or mailed with postage prepaid, to the above address. C. Contracting Officer (CO): Any BCN Warranted CO The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from contract payments for non-performance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives. II. NARA POINT OF CONTACT (POC) POC: TBD Telephone: Email: III. INVOICE SUBMISSION REQUIREMENTS A. The preferred method for invoicing is through the Invoice Processing Platform (IPP) which is a secure web-based electronic invoicing and payment information system. This service is provided by the U.S. Treasury's Bureau of the Fiscal Service free of charge to federal agencies and contractors. IPP allows contractors to view information regarding their contracts and orders, electronically submit invoices and view payment information. B. The IPP website address is https://www.ipp.gov. Contractors can obtain enrollment assistance by contacting the Fiscal Service Accounts Payable Help Desk via e-mail at AccountsPayable@fiscal.treasury.gov or by phone at 304-480-8000, Option 7. C. Contractors that are not able to utilize the IPP system for submitting payment requests may submit invoices electronically by e-mail to AccountsPayable@fiscal.treasury.gov. Microsoft Excel, Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats. D. Invoices for services shall be submitted monthly unless otherwise stated elsewhere in the contract. E. For invoice and payment questions call the Fiscal Service AP Help Desk at 304-480-8000, Option 7. IV. NARA Protection of PII and Keep Hard Drive In accordance with NARA policy, NARA will take title to all electronic storage devices, including but not limited to hard drives that may contain Personally Identifiable Information (PII). NARA will not allow the removal of any electronic storage device that may contain PII data from its facilities by a Contractor, including individuals performing maintenance on equipment, devices or systems. This provision applies even in the event the equipment is leased. NARA will handle the destruction of this hardware internally. This provision must flow down to all subcontracts, including those for maintenance. If the Contractor comes into possession of an electronic storage device that may contain PII, the Contractor will immediately notify the NARA POC and return the electronic storage device to NARA. Contractor will protect the confidentiality of the electronic storage device and will not access, disclose, release, disseminate, or publish any of the information on the electronic storage device. ATTACHMENT 4 FAR CLAUSES I. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (Mar 2016) (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 (Nov 2015) (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 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: __ (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 (Oct 2015) (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 (Oct 2015) (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. (Oct 2015) (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 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] _X_ (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 2015) (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 2015) 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. 657 f). _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (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). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). __ (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 (FEB 2016) (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)(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 (OCT 2015). (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 (Oct 2015) of 52.223-13. __ (37)(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. __ (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 (OCT 2015) (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 (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (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). __ (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: __ (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 2015). __ (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 (Sept 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 (Oct 2015) (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 $700,000 ($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) 52.222-21, 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 (Oct 2015) (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 (Feb 2016) (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) __(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 and 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 (OCT 2015) (E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (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. II. FAR 52.217-5, EVALUATION OF OPTIONS (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). III. FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. IV. FAR 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. V. FAR 52.242-15, STOP-WORK ORDER (AUG. 1989) (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -- (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
 

Web Link

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Place of Performance

Address: National Archives and Records Administration, College Park, Maryland, 20740, United States

Zip Code: 20740
 

Record

SN04078786-W 20160410/160408234843-f2e916e7687cfe481b00dc06703b2242 (fbodaily.com)
 

Source

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