SOLICITATION NOTICE
74 -- Scanners and Preventative Maintenance Services - Package #1
- Notice Date
- 6/14/2017
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 334118
— Computer Terminal and Other Computer Peripheral Equipment Manufacturing
- 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-17-Q-0060
- Archive Date
- 7/12/2017
- 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
- N/A
- Description
- Attachment 7 - GPAT Attachment 4 - RFQ Information Sheet Attachment 3 - PWS Attachment 2 - Salient Characteristics 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-17-Q-0060 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 2005-94 and 2005-95 effective January 19, 2017. This is an unrestricted procurement under NAICS 334118, Computer Terminal and Other Computer Peripheral Equipment Manufacturing. CONTRACT LINE ITEM NUMBER(S): See Attachment 1, Schedule of Prices. REQUIREMENT: The National Archives and Records Administration (NARA) has a requirement for two (2) tabletop scanners, installation, programming, testing, training, and annual preventative maintenance and repair services. 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 (Jan 2017). 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 Ceiling Price will be used to determine the lowest price. The Total Firm Fixed Ceiling Price for each CLIN will be determined by multiplying the Firm Fixed Unit Price by the Quantity of Units. The evaluated Total Contract Ceiling Price will be determined by summing the total Firm Fixed Ceiling Price of all performance years (base year and all option years). Contractors must provide pricing (USD) for each CLIN in accordance to Attachment 1, Schedule of Prices. Contractors must complete and submit Attachment 4, RFQ Information Sheet. Contractors must complete and submit Attachment 7, Government Product/Service Accessibility Template (GPAT). 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 (Jan 2017) - 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 (u) of this provision. FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Jan 2017) - see Attachment 5, 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 (Jan 2017) - see Attachment 6, FAR Clauses for the full text of this clause and for additional applicable FAR clauses. Full text provisions and clauses can be found at https://www.acquisition.gov. Section 508 Program Need Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) are determined to be relevant for the following program need: "overhead, desktop scanners" Section 508 Product Requirements Technical standards from 36 CFR part 1194 Subpart B have been determined to apply to this acquisition. Solicitation respondents must describe how their proposed Electronic and Information Technology (EIT) deliverables meet at least those technical provisions identified as applicable in Attachment 7, Government Product/Service Accessibility Template (GPAT). Functional performance criteria from 36 CFR part 1194 Subpart C have been determined to apply this acquisition. Solicitation respondents must describe how their proposed Electronic and Information Technology (EIT) deliverables meet at least those functional performance criteria identified as applicable in Attachment 7, Government Product/Service Accessibility Template (GPAT). Information, documentation, and support requirements from 36 CFR part 1194 Subpart D have been determined to apply this acquisition. Solicitation respondents must describe how the information, documentation, and support proposed for Electronic and Information Technology (EIT) deliverables meet at least those information, documentation, and support requirements identified as applicable in Attachment 7, Government Product/Service Accessibility Template (GPAT). Section 508 Evaluation Factors Responses to this solicitation will only be considered for award after it has been determined that the proposal adequately addresses the requirements for Section 508. Only proposals which contain adequate information to document their responsiveness to the Section 508 requirements (i.e. a completed GPAT) will be eligible for any additional merit consideration. If the deliverable proposed in response to this solicitation includes features and functions in addition to those identified as requirements, these features and functions also need to conform to relevant Section 508 technical provisions, functional performance criteria, and information, documentation and support. The accessibility of these additional features and functions should be described in the completed GPAT. Section 508 Acceptance Criteria Supplies or services delivered as a result of this solicitation will be accepted based in part on satisfaction of identified Section 508 requirements for accessibility. If the deliverable includes features and functions in addition to those identified as requirements, these features and functions also need to conform to relevant Section 508 technical provisions, functional performance criteria, and information, documentation and support. 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 p.m. eastern time on June 21, 2017 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 p.m. eastern time on June 27, 2017. 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. 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 CLINDESCRIPTION QUANTITY OF UNITSUNIT OF ISSUEFIRM FIXED UNIT PRICETOTAL FIRM FIXED CEILING PRICE 0001 Overhead Tabletop Scanners with included software Inclusive of shipping and handling See Attachment 2, Salient Characteristics2Each$______$_______ 0002 Delivery, Installation, Programming, and Testing of CLIN 0001 at Washington, DC location in accordance with the Performance Work Statement$______$_______ 0003 Delivery, Installation, Programming, and Testing of CLIN 0001 at College Park, MD location in accordance with the Performance Work Statement$______$_______ 0004 Training on CLIN 0001 at Washington, DC location in accordance with the Performance Work Statement$______$_______ 0005 Training on CLIN 0001 at College Park, MD location in accordance with the Performance Work Statement$______$_______ 0006 Service Calls and Repairs in accordance with the Performance Work Statement 12Months$______$_______ 0007 RESERVE -------- TOTAL FIRM FIXED BASE YEAR CONTRACT CEILING PRICE:$________ Option Year 1 - Months 13-24 CLINDESCRIPTION QUANTITY OF UNITSUNIT OF ISSUEFIRM FIXED UNIT PRICETOTAL FIRM FIXED CEILING PRICE 0008 Annual Preventative Maintenance in accordance with the Performance Work Statement12Months$______$_______ 0009 Service Calls and Repairs in accordance with the Performance Work Statement12Months $______ $_______ 0010 RESERVE -------- TOTAL OPTION YEAR 1 CONTRACT CEILING PRICE:$________ Option Year 2 - Months 25-36 CLINDESCRIPTION QUANTITY OF UNITSUNIT OF ISSUEFIRM FIXED UNIT PRICETOTAL FIRM FIXED CEILING PRICE 0011 Annual Preventative Maintenance in accordance with the Performance Work Statement12Months$________$__________ 0012 Service Calls and Repairs in accordance with the Performance Work Statement12Months $________ $__________ 0013 RESERVE -------- TOTAL OPTION YEAR 2 CONTRACT CEILING PRICE:$________ Option Year 3 - Months 37-48 CLINDESCRIPTION QUANTITY OF UNITSUNIT OF ISSUEFIRM FIXED UNIT PRICETOTAL FIRM FIXED CEILING PRICE 0014 Annual Preventative Maintenance in accordance with the Performance Work Statement12Months$________$__________ 0015 Service Calls and Repairs in accordance with the Performance Work Statement12Months $________ $__________ 0016 RESERVE -------- TOTAL OPTION YEAR 3 CONTRACT CEILING PRICE:$________ Option Year 4 - Months 49-60 CLINDESCRIPTION QUANTITY OF UNITSUNIT OF ISSUEFIRM FIXED UNIT PRICETOTAL FIRM FIXED CEILING PRICE 0017 Annual Preventative Maintenance in accordance with the Performance Work Statement12Months$________$__________ 0018 Service Calls and Repairs in accordance with the Performance Work Statement12Months $________ $__________ 0019 RESERVE -------- TOTAL OPTION YEAR 4 CONTRACT CEILING PRICE:$________ TOTAL CONTRACT (Base Year Plus Option Years) CEILING PRICE:$________ Note: In accordance with FAR 52.217-5 and FAR 52.217-8, NARA will evaluate 6 additional months of service at the rate for CLIN 0017 and CLIN 0018 by dividing each CLIN by half. ATTACHMENT 2 SALIENT CHARACTERISTICS FOR OVERHEAD, TABLETOP SCANNERS -Scanner must be an overhead, tabletop scanner. -Scanner must be able to create images up to 600 dpi. -Scanner must be capable of producing TIFFS, JPEGS, PDF, and all standard formats in minimum of 36-bit color, 12-bit grayscale, and 1-bit black and white. -Scanner must be able to accommodate a book thickness of at least 4 inches. -Scanner must employ a self-opening glass plate for scanning to enable the safety of archival material and the obtainment of text in the gutter of the volume. -Scanner must have an adjustable deep cradle to accommodate the safe scanning of large volumes and ensure optimal image quality from overhead scanning. -Scanner must come with software that will deskew, split pages, remove foreign objects, and correct distorted text in the gutter of a volume. -Scanner must give low exposure to light and not raise the surface temperature of record. According to NARA preservation guidelines, there must be no ultraviolet light exposed on the document. -Scanner must have a scan area of 23" x 33" or larger. -Scanner must have at least two USB ports. -Scanner must offer optical character recognition (OCR). -Scanner software must work with Windows 7 operating system. -Scanner display must include a multi-language instructions interface. -Scanner software and hardware must work with the PaperCut software application. Note: Contractors must clearly describe how their product meets the list of salient characteristics. ATTACHMENT 3 PERFORMANCE WORK STATEMENT FOR TABLETOP SCANNERS AND REQUIRED ACCESSORIES, INSTALLATION, PROGRAMMING, TESTING, TRAINING, ANNUAL PREVENTATIVE MAINTENANCE AND REPAIR SERVICES 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 Research Room Operations Division of the National Archives and Records Administration requires two (2) new overhead scanners. Currently, there is only one overhead scanner for researchers to use. The purchase of additional overhead scanners will provide researchers with additional options for scanning bound documents (e.g. Navy deck logs and other stapled records), oversized records, fragile documents, photographs, etc., in a safe manner that puts far less stress on the records than traditional flatbed copiers and scanners. It is vital that researchers have greater access to overhead scanners because flatbed scanners and copiers can damage the records more easily. 2.0 SCOPE 2.1 The Research Room Operations Division of the National Archives and Records Administration requires two (2) new overhead scanners, annual preventative maintenance, repair services, training, installation, programming and testing. 2.2 EQUIPMENT AND SERVICES 2.2.1The purchase will include: •2 Overhead Tabletop Scanners (with included software) •Delivery, Installation, Programming, and Testing at two NARA sites •Training at two NARA sites •Annual Preventative Maintenance •Repair Services 2.2.2 DELIVERY, INSTALLATION, PROGRAMMING, AND TESTING 2.2.2.1 Scanners shall be delivered, installed, programmed, and tested within 30 days from date of award unless other arrangements are made in advance with the NARA Point of Contact (POC) or Contracting Officer. Delivery shall be required to take place during the core business hours for each site listed in Paragraph 3.0, Place of Performance. 2.2.3 TRAINING 2.2.3.1 Onsite training shall be provided under conditions that are acceptable to both the Contractor and NARA. Training shall be for up to 25 NARA staff members at each NARA site listed under Paragraph 3.0, Place of Performance. The training shall be required to take place during the regular core business hours of each site. Training materials, either written or electronic form, shall be made available for NARA to train additional staff members as needed. A customer service hotline shall be provided in the event we have questions that we cannot answer. 2.2.4 ANNUAL PREVENTATIVE MAINTENANCE 2.2.4.1 Contractor shall provide annual onsite preventative maintenance for hardware and software in accordance with manufacturers' specifications for the scanners. 2.2.4.2 Annual preventative maintenance shall be coordinated with the NARA POC or their designated representative. 2.2.4.3 Annual preventative maintenance shall be completed on all scanners within each year of the order with the last one being completed before the order ends. 2.2.4.4 Routine updates to software shall be provided immediately after release. Pertinent software licenses will be renewed annually. 2.2.4.5 Contractor shall submit a report for each scanner to the NARA POC outlining the work completed, including any repairs or software upgrades that were required. The report shall be submitted within 14 business days after completion of the annual preventative maintenance work. 2.2.5 SERVICE CALLS AND REPAIRS 2.2.5.1 Contractor shall perform onsite and offsite repair work in accordance with manufacturer's specifications for the scanners. 2.2.5.2 In the event of a scanner malfunction, the contractor will be notified by the NARA POC or their designated representative. The contractor shall respond via telephone or email to the NARA POC or designated representative within 8 business hours after receipt of notification. 2.2.5.3 The contractor shall arrange to service the scanner within 5 business days after receipt of notification. All onsite and offsite repair work shall be coordinated with the NARA POC or their designated representative. 2.2.5.4 Repair work shall be completed within 10 business days of the coordinated start date. 2.2.5.5 Contractor shall submit a report for each scanner to the NARA POC outlining the repairs completed. The report shall be submitted within 14 business days after completion of repair work. 2.2.5.6 The NARA POC or designated representative will test the full functionality of the repaired scanners to determine if it is operating according to the manufacturer's specifications. The testing will be conducted within 5 business days after receiving the contractor's report of repairs completed. Acceptance of repair work is contingent on full functionality of serviced equipment. 2.2.5.7 PARTS 2.2.5.7.1 If additional parts are required, Contractor shall notify the NARA POC before incurring additional expenses. If, after determination by Contractor and NARA, parts are required at additional cost, Contractor shall ship parts within 16 hours. NARA will be responsible for the additional cost of parts and installation. 3.0 PLACE OF PERFORMANCE AND NARA POINT OF CONTACT 3.1 Deliveries shall be made to and services shall be performed at the NARA sites listed below. 3.2 All services shall be performed during the regular business hours listed for each NARA site, excluding Federal holidays. 3.3 One scanner shall be delivered to each of the following NARA sites: (1) National Archives and Records Administration at College Park Attn: TBD Address: 3301 Metzerott Road College Park, MD 20740 Room: 2400 Phone: TBD Regular core business hours: Monday through Friday 8 a.m. to 5 p.m. (2) National Archives and Records Administration Washington, DC Attn: TBD Address: 700 Pennsylvania Ave, NW Washington DC, 20408 Room: G-13 Phone: TBD Regular core business hours: Monday through Friday 8 a.m. to 5 p.m. 3.4 The NARA Point of Contact (POC) for this order is: POC: TBD Phone: Email: 3.4.1 Arrangements for delivery, installation, programming, testing, training, and preventative maintenance and repairs services at both locations shall be made with the NARA POC. 4.0 PERIOD OF PERFORMANCE 4.1 The period of performance will be for one base year plus four (4) option years. 4.2 Delivery, installation, programming, testing, and training shall be completed within 30 days from the date of award unless other arrangements are made in advance with the NARA POC or Contracting Officer. 5.0 ACCEPTANCE TESTING 5.1 NARA shall be allotted 30 days for acceptance testing for scanners after installation, programming, testing, and training have been completed. 6.0 HOURS OF OPERATION 6.1 Work shall be undertaken during the regular core business hours for each site listed in Paragraph 3.0, Place of Performance, unless mutually agreed upon by the NARA POC and the Contractor. 7.0 TASKS AND DELIVERABLES 7.1 The deliverables are discussed in paragraph 2.0 above. 8.0 MISCELLANEOUS 8.1 Transportation and travel expenses will not be paid. ATTACHMENT 4 RFQ Information Sheet Failure to provide the TAA Country of Production (if applicable) will result in no further consideration of the quotation. Vendors must complete all applicable information on this sheet and submit it with the quotation. Failure to do so will render the quotation unacceptable for receipt of the order. Statutory/Regulatory Compliance TRADE AGREEMENT ACT COUNTRY OF PRODUCTION: _____________________ ENERGY STAR® OR FEDERAL ENERGY MANAGEMENT PROGRAM (FEMP) ENERGY USE REQUIREMENT COMPLIANCE, AS REQUIRED: YES_____ or NO_____ IPv6 COMPLIANT: YES____ or NO_____ SECTION 508 COMPLIANT: YES_____ or NO____ Specific Terms, Conditions, and Administrative information PAYMENT TERMS: ________________________________________________________________ DELIVERY DATE: _________________________________________________________________ WARRANTY: ______________________________________________________________________ NAME AND ADDRESS OF QUOTER: ________________________________________________ ________________________________________________________________________ TELEPHONE NO (INCLUDE AREA CODE): __________________________ FAX NUMBER: ___________________________ E-MAIL ADDRESS: _____________________________________ ENROLLED IN SYSTEM FOR AWARD MANAGEMENT (SAM)? Yes____ No____ CAGE CODE NUMBER: _____________________________________ DUNS: _______________________________________ Vendor Certification: [By signing the Vendor acknowledges that the information provided in response to this RFQ is correct.] NAME AND TITLE OF SIGNER: __________________________________ DATE OF QUOTATION: ___________________________________ SIGNATURE OF PERSON AUTHORIZED TO SIGN: ______________________________ ATTACHMENT 5 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 Office of the Chief Acquisition Officer (Z) 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 Z 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. D. NARA Point of Contact (POC): POC: TBD Telephone: Email: II. 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. Contractor must accept direct deposit for payment. Contractor must be registered with the System for Award Management (SAM). III. ORIGINAL EQUIPMENT MANUFACTURER NARA requires that all products be purchased from "Original Equipment Manufacturer (OEM) Authorized/certified Vendors Only." All Contractors submitting quotes shall provide proof of authorization and equipment support from the OEM with quote. NARA also requires that all OEM products delivered pursuant to any resulting award are certified, new, non-refurbished, and authentic via a Certificate of Authenticity from the OEM that contains an OEM point of contact whom NARA can contact for verification. It is the Contractor's responsibility to ensure that NARA is not provided counterfeit products. In the event that such IT products are determined to be counterfeit, NARA will seek all available legal remedies including criminal prosecution. Counterfeit information technology product means any item of information technology (IT), including hardware and software that is an unauthorized copy, replica or substitute. Gray market (or grey market), also known as parallel market, is the trade of a commodity through distribution channels which, while legal, are unofficial, unauthorized, or unintended by the original manufacturer. IV. SOFTWARE All software which is designed to run on Windows 7 must function without modification to the United States Government Configuration Baseline (USGCB) developed by the National Institute of Standards and Technology (NIST) and the Department of Defense (DoD). ATTACHMENT 6 FAR CLAUSES I. IMPORTANT INFORMATION FOR CONTRACTORS: Depending on the final results of the award, the resulting order from this solicitation will include some or all of the following FAR clauses: FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Jan 2017) - An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. 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 (u) of this provision; FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Jan 2017) -- see Attachment 4, Additional NARA Terms and Conditions for Addenda to this clause; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2017) - see full text of this clause; FAR 52.217-5, Evaluation of Options (Jul 1990); FAR 52.232-18, Availability of Funds (Apr 1984) - Applicable to Option CLINs 0008, 0009, 0011, 0012, 0014, 0015, 0017, and 0018. II.FAR Clause 52.212-5 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) 52.209-10, 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 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). __ (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] __ (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 SmallBusiness 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 (Nov 2016) (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 (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 (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). _X_ (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. _X_ (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) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (48)(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. __ (49) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (50) 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). __ (51) 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). __ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (56) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (57) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (60)(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) 52.222-62, 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) 52.219-8, 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. (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 (Sept 2016) (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) 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). (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) 52.222-59, 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)(xvi): 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. (xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix) 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). (xx) 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. (xxi) 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. 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 prior to contract expiration. 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 prior to contract expiration; 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 5 years, 6 months. V.FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil or https://www.acquisition.gov/far/ VI.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://farsite.hill.af.mil or https://www.acquisition.gov/far/ SEE ATTACHMENT 7, GOVERNMENT PRODUCT/SERVICE ACCESSIBILITY TEMPLATE (GPAT) (ATTACHED AS A SEPARATE DOCUMENT)
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