FBODaily.com | FedBizOpps: PRESOL | 59 | Purchase of Various Electronic Radar Items - JOTFOC

FBO DAILY - FEDBIZOPPS ISSUE OF FEBRUARY 11, 2017 FBO #5559
SOLICITATION NOTICE

59 -- Purchase of Various Electronic Radar Items - JOTFOC

Notice Date: 2/9/2017
Notice Type: Combined Synopsis/Solicitation
NAICS: 334220 — Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
Contracting Office: Department of Homeland Security, United States Coast Guard (USCG), C4IT (C3CEN), Coast Guard Blvd, Portsmouth, Virginia, 23703, United States
ZIP Code: 23703
Solicitation Number: HSCG44-17-Q-CM008
Archive Date: 3/3/2017
Point of Contact: James A Lassiter, Phone: (757)686-2149
E-Mail Address: james.a.lassiter@uscg.mil
(james.a.lassiter@uscg.mil)
Small Business Set-Aside: Total Small Business
Description: BRAND NAME JUSTIFICATION DOCUMENT 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 supplement with additional information in this notice. This announcement constitutes the only solicitation and no other solicitation document will be issued. This solicitation is issued as a Request for Quote number RFQ HSCG44-17-Q-CM008. This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-95. This procurement will be processed in accordance with FAR Part 12, Acquisition of Commercial Items and Part 13, Simplified Acquisition Procedures. The North American Industry Classification System (NAICS) is 334220. The SBA size standard is 1250 Employees. This IS A Small Business Set-A-Side. The items are to be "Brand Name" manufactured by E2V Technologies. Substitute proposed Brands will NOT be considered for Award. See Justification below. The USCG Command, Control and Communications Engineering Center (C3CEN) Portsmouth, VA. 23703, intends to purchase thirty five (35) each of E2V Electron Tube with Banana Plug, Part Number: MG5239T/C, Ten (10) each of Magnetron Frequency Control Part Number: M5089T/C, Ten (10) each of Magnetron Radar part number: MG5230T; see Schedule B below. The Coast Guard does not own nor can they obtain specifications, drawings, plans or other technical data for this item. Request for drawings/specs will be disregarded. Items are to be NEW items. Used or Refurbished items are NOT acceptable. Any Contractors that are authorized Distributors for E2V Technologies is encouraged to provide a Firm Fixed Price Quotation IRT this Solicitation. The USCG/Government intends to award a contract resulting from this solicitation to the responsible bidder proposal conforming to the solicitation which will be most advantageous and Best Overall Value to the Government, price and other factors considered. All items will be required to be shipped to Baltimore, MD 21226. See Packaging/Shipping Instructions below. *PLEASE NOTE* Interested Offeror's are to provide Firm Fixed Price Proposals with Delivery Information by February 16, 2017 @ 7:00 AM EST. Delivery Information is to include Shipping Terms the Offeror is proposing, FOB Origin or FOB Destination. Destination is preferred by USCG/Government. If proposing FOB Origin, provide Shipping cost as a separate line item. FIRM FIXED Price Proposals must be submitted on company letterhead stationery and must include the following information: (1) Cost Breakdown, (2) Unit Price, (3) Extended Price, (4) Payment Terms, (5) discount offered for prompt payment, (6) Company DUNS and Cage Code. Email quotes to: D05-SMB-C4ITSC-CPD-C3CEN-TeamS@uscg.mil Anticipated Award Date for the PO Contract is February 24, 2017, this date is approximate and not exact. NOTE: THIS IS A TOTAL SMALL BUSINESS SET-A-SIDE. IAW FAR 52.219-6 INSPECTION AND ACCEPTANCE: The Contractor shall only tender for acceptance those Items that conform to the requirements of this Order/Contract. The Government/USCG reserves the right to Inspect or Test any Supplies or Services that have been tendered for Acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming Services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government/USCG may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. Final Inspection and Acceptance will be performed by Gov/USCG Authorized Personnel at the point and location of Destination as stated on the Order/Contract, unless otherwise stated on the Order/Contract. SCHEDULE B Line Item 1: Thirty five (35) each of E2V Electron Tube with Banana Plug, Part Number: MG5239T/C Line Item 2: Ten (10) each of Magnetron Frequency Control Part Number: M5089T/C Line Item 3: Ten (10) each of Magnetron Radar Part Number: MG5230T Line Item 4: Shipping Cost (21226) if proposing FOB Origin (See Packaging/Shipping Instructions below.) NOTE: THIS IS A TOTAL SMALL BUSINESS SET-A-SIDE. IAW FAR 52.219-6 DELIVERY TERMS: The Required Delivery Date is 30 days after receipt of order (ARO). Early delivery is acceptable. See Packaging/Shipping Instructions below. Delivery Location is: Surface Forces Logistics Center Receiving Room - Bldg. 88 2401 Hawkins Point Road Baltimore, MD 21226 Delivery, Packaging, and Inspection / Acceptance Requirements for Items 083-8.4 All parts ordered under this Contract shall be individually preserved and packaged in accordance with ASTM D 3951, ASTM D3951-10, and MIL-STD-2073-1E. All parts under this contract shall also have appropriate markings IAW MIL-STD-129P and MIL-STD-130N. When applicable, specific OEM preservation, packaging, packing, and marking requirements directing a higher standard than referenced shall be adhered to. Bar coding is required in accordance with MIL-STD-129P paragraph 5.1.10.1/page 73 Linear (Code 39) bar code symbology, linear (Code 39) symbols will be IAW ISO/IEC 16388, and ISO/IEC 16388. Marking shall be placed on the container top or one long side (any side if container is square). The marking shall be formatted as specified below: National Stock Number/Activity Control Number Item Name Part Number (as shipped) Contract/Delivery Order Number The Words: SFLC INVENTORY CONDITION CODE "A" Quantity Unit of issue ******************************************************************** 1. Background 1.1. The Asset Projection Office (APO) is preparing to stock provisioned parts at the U.S. Coast Guard Surface Forces Logistics Center Inventory Control Point (ICP) for effective support of boats no longer under warranty. 2. Requirements 2.1. Deliver RB-M inventory spare parts in accordance with this scope of work to the Surface Forces Logistics Center 2401 Hawkins Point Road Receiving Bldg 88 Baltimore, MD 21226 2.2. Included as Enclosure (2) is the list of required items including the quantity, Part Nomenclature, NSN, Part Number, CAGE, Unit of Issue for all items, and destination. 2.3. Preservation 2.3.1. Exposed shafting and working machined surfaces, gear-trains, the inside of gearboxes, and other surfaces dependent on lubricant for preservation shall be lubricated or coated with an appropriate preservative suitable for protection of equipment stowed in a non-climate controlled warehouse for up to one year. Preservatives shall be compatible with the intended working lubricants. Special treatments should not be necessary to remove preservatives. 2.3.2. Piping systems and the inside of individual components shall not be exposed to contaminants during shipment. All piping interface points shall be sealed with commercial grade plastic or metallic caps, plastic or metallic plugs, mating blanked covers, or with blank flanges attached with bolts. Plastic bags and duct tape are not acceptable. 2.3.3. Warning tags shall be attached to all gearboxes indicating that they have been drained, preserved with a specific product, and require filling with lubricant before equipment use. 2.3.4. Major components shall be shrink-wrapped or otherwise covered and sealed to prevent water damage. To prevent adhesion between protective coverings and painted surfaces, protective coverings shall not be applied until the paint has cured. 2.3.5. Documents and other enclosures shall be sealed in a waterproof plastic bag, which shall be permanently affixed to the inside of the shipping container in a conspicuous location when the container is opened. 2.4. Packaging, handling, shipping, and transportation procedures shall be in accordance with ASTM D3951-98 (Reapproved 2004) Standard Practice for Commercial Packaging. If commercial practices cannot adequately protect and preserve the equipment, the contractor shall package, handle, ship and transport equipment in accordance with MIL-STD-2073-1E Standard Practice for Military Packaging dated May 23, 2008. 2.4.1. Each Part shall be packaged separately, or in its designated unit of issue. 2.4.2. All parts shall be identified and accounted for by their NSN or ACN on the packing list. 2.4.3. Large parts shall be shrink-wrapped or otherwise covered and sealed to prevent water damage. Small parts shall be enclosed in clear plastic packaging. 2.4.4. Multiple identical parts may be repackaged in designated quantity units (box lot, case lot, pair, etc) for shipping purposes. The packaging shall be identified by the words MULTI-PACK and the quantity per package. 2.4.5. Documents and other enclosures shall be sealed in a waterproof plastic bag, which shall be permanently affixed to the inside of the shipping container in a conspicuous location. The last line of the package label shall contain the words "DOCUMENTS ENCLOSED" 2.4.6. Where Pull Test Certificates or other required certifications are attached directly to the Part, (versus loose and enclosed), the last line of the package label shall contain the words "CERTIFICATION ATTACHED." 2.5. PARTS - CONTAINERS: Parts shall be packed in containers meeting ASTM D 3951 and the requirements herein. 2.5.1. Containers with special packing I unpacking instructions shall be stenciled "CAUTION - THIS ITEM MAY BE SERIOUSLY DAMAGED UNLESS UNPACKING INSTRUCTIONS ARE FOLLOWED CAREFULLY." followed by a notation of the location of instructions. 2.5.2. General items: 2.5.2.1. General components weighing less than 70 lbs may be packaged in commercial reinforced cardboard packaging, or its equivalent, or packaged in a skid mounted shipping container. If packaged in a skid mounted shipping container then containers shall be completely enclosed and structurally suitable for stacking at least 2-high. The containers shall be suitable for inside covered stowage. Containers shall be assembled with screws to permit ease of removal of the cover or lid from the base. 2.5.2.2. Reinforced cardboard packaging shall be sealed, but shall be suitable for being opened (without total packaging destruction) for inspection, resealing and subsequent shipment to the fleet. 2.5.2.3. The reinforced cardboard packaging shall be completely enclosed and suitable for stacking. The packaging shall be suitable for long-term inside storage in a warehouse. 2.5.3. Small items: 2.5.3.1. Small items which can fit into express carrier standard packaging (maximum 17.5 in x 12.5 in x 3 in box. or 38 x 6 x 6 x 6 triangular tube) for shipment with appropriate cushioning may be sealed in clear plastic packaging, or packaged in a commercial reinforced cardboard packaging. If packaged in a cardboard package then the requirement for general packaging applies. 2.5.3.2. Plastic packaging shall be 6 mil thickness and sufficiently clear for part inspection. Plastic packaging shall have provision for breathing to prevent condensation unless the packaging provides a hermetic seal. 2.6. DURABILITY The contractor shall ensure that all deliverables, when packed in separate shipping containers, will be capable of being transported on standard transportation systems, commercial or military carriers. The contractor shall preserve, package, and mark the containers to ensure complete delivery at destination without damage or deterioration due to the hazards of shipping, handling or storage. 2.6.1. PARTS - PACKING AND CRIBBING: Restraints, packing and cribbing shall restrain and protect the parts within their packaging from damage during shipment and storage: 2.6.1.1. The internal packaging material shall be sufficient to prevent damage during shipment, handling and storage. Preservation protection must be sufficient to prevent corrosion, deterioration or decay during warehouse storage for a period of at least one year. 2.6.1.2. Cribbing shall be provided to prevent damage during shipment. 2.6.1.3. Loose fill & Styrofoam packing materials shall not be used 2.7. MARKING Shipments designated for transport into the SFLC Inventory Control Point (ICP) shall be marked in accordance with the current edition of MIL-STD-129P w/Change 4, Military Marking for Shipment and Storage dated September 19, 2007. 2.7.1. The Surface Forces Logistics Center's (SFLC) Inventory Control Point (ICP), is responsible for material that will be stored and transshipped (PHS&T) to various users in support of the SFLC; therefore material must be packed and labeled in such a way that it is suitable for shipment via land, air or sea. The following minimum marking requirements apply: 2.7.1.1. Each individual part or part container must be marked with the NSN, Condition Code and Unit of Issue. Lettering shall be black applied on a highly contrasting background; bar code labeling is acceptable in lieu of stenciled markings when stenciled markings are not provided by the OEM. 2.7.1.2. Markings shall consist of the National Stock Number (NSN), Acquisition Control Number (ACN) if applicable, Item Name, Condition Code, Quantity and Unit of Issue. For example: 0000-00-000-0000 FIRE PUMP CONDITION "A" 1 EACH U.S. COAST GUARD SFLC MATERIAL 2.7.1.3. Large part shipping container lettering shall be at least ½ inch high or 36 point type. Stenciling is acceptable. 2.7.1.4. General Packaging lettering shall be at least 1/4 inch high or 18 point type. 2.7.1.5. Plastic Bag lettering may be 12 point lettering. 2.7.2. Bar Code Labeling: All parts/packages shall have a bar code label applied, or incorporated into the packaging label. The actual labels shall be Type V, Grade B, and Style 2, Composition "B" with or without plastic laminate. Each label shall contain encoded data for the stock number, noun name, condition code, and unit of issue. 2.8. MARKING WARRANTED ITEMS Pursuant to the requirements of FAR 46.706 (b) (5), the contractor shall stamp or mark the supplies delivered or otherwise furnish notice with the supplies of the existence of the warranty. Markings may be brief but should include: 2.8.1. A brief statement that a warranty exists. 2.8.2. The substance of the warranty. 2.8.3. Its duration. 2.8.4. Who to notify if the supplies are found to be defective. 2.8.4.1. For commercial items, the contractor's trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies. 2.9. MATERIAL INSPECTION AND RECEIVING REPORT At the time of each delivery for supplies under this order, the contractor shall prepare and furnish to the Coast Guard a properly completed DD Form 250 Material Inspection and Receiving Report or Commercial Bill of Lading. 2.9.1. A packing slip shall be prepared for each box or shipping container. The packaging slip shall include the following information: (1) National Stock Number, (2) Part Number, (3) Nomenclature, (4) Serial Number, (5) Contract Number, (6) Delivery Order Number, (7) Line Item Number, and (8) Quantity. 2.9.1.1. One copy of the packaging slip shall be submitted with the shipment and shall be attached to the outside of the shipping carton inside a waterproof, clear envelope; 2.9.1.2. One copy shall be sent to the Contracting Officer upon shipment and shall be clearly marked "Information Only"; 2.9.1.3. And one copy shall be attached to the original invoice when submitted to the payment office. 2.10. DELIVERY OF REPORTS Evaluations and reports, not otherwise specified, shall be delivered within 15 days of delivery of parts to the contracting officer. PROVISIONS / CLAUSES The Following FAR Provisions/Clauses apply to this Solicitation: FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (Jan 2017) FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014). Award will be made to the Offeror proposing the Best Value to the Government considering specification, price, delivery, past performance and quality. FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Jan 2017) to include Alt I (Oct 2014). An Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certificates electronically via http://www.sam.gov/portal. If an Offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the Offeror shall complete only paragraphs (c) through (r) of this provision. The following Clauses apply to this Solicitation and awarded Contract. FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2017) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (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 (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 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _x_ (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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) 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 (Jan 2017) (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). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(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 (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). 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 (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. __ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). __ (37)(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.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). __ (40)(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. __ (41)(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. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (43)(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 (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). __ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3. _X_ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). _X_ (49)(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. __ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). __ (62)(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 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (11) 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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. (iv) 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. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xiii) 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). (xiv) 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). (xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 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. (xxiii) 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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Jan 2017). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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. (D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (E) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (F) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (H) 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. (I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (J) ___(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). ___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (K) 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). (L) 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). (M) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989). (N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (O) 52.222-59 Compliance with Labor Laws (Executive Order 13673) (OCT 2016). Note to paragraph (e)(1)(ii)(O): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (P) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). (Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (R)(1)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (2)Alternate I (JAN 2017) of 52.224-3. (S) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note) (T) 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. (U) 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. • The following clauses are incorporated by reference, entire clause(s) available at https://www.acquisition.gov/far ____ FAR 52.247-32 -- F.o.b. -- Origin, Freight Prepaid (Feb 2006) ____ FAR 52.247-34 -- F.o.b. - Destination (Nov 1991) The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded Contract. 3052.209-70 Prohibition on contracts with corporate expatriates As prescribed at (HSAR) 48 CFR 3009.108-7005, insert the following clause: PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of clause)
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59 -- Purchase of Various Electronic Radar Items - JOTFOC