FBODaily.com | FedBizOpps: PRESOL | R | Mall Advertising - Combo Synopsis

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 02, 2017 FBO #5731
SOLICITATION NOTICE

R -- Mall Advertising - Combo Synopsis

Notice Date: 7/31/2017
Notice Type: Combined Synopsis/Solicitation
NAICS: 541810 — Advertising Agencies
Contracting Office: Department of the Army, National Guard Bureau, USPFO for Oregon, Attn: USPFO-P, PO Box 14840, Salem, Oregon, 97309-5008
ZIP Code: 97309-5008
Solicitation Number: 11043570
Archive Date: 9/15/2017
Point of Contact: Richard Harvey, Phone: 503-584-3773
E-Mail Address: richard.a.harvey5.mil@mail.mil
(richard.a.harvey5.mil@mail.mil)
Small Business Set-Aside: Competitive 8(a)
Description: Combo Synopsis Action Code: Combined Synopsis NAICS Code: 541810 Subject: Mall Advertising Solicitation Number: 11043570 Posted Date: July 31 2017 Set-Aside: N/A Response Date: August 31st 2017 @ 11:00 am PST Contracting Office Address: United States Property and Fiscal Office, ATTN: USPFO-P, 1776 Militia Way/PO Box 14350, Salem, Oregon 97309-5047 Place of Performance: Portland Oregon Description: This is a combined synopsis for Mall Advertising, a commercial available item. Contracting Office Address: USPFO for Oregon PO Box 14350 Salem, Oregon 97309 Requirements for your quote: Please submit a quote by filling in this attached Combination Synopsis and attaching your company letterhead showing a price per contract line item (CLIN) with a total price at the bottom and included in the Technical Specifications pricing portion under the parts schedule. Include the following information on your quote: Cage code, Tax ID number, company name, phone number, contact, and email. The award will only be made to an offeror that is all-inclusive of the requirements on this solicitation. Please return this page and provide the following information. Contact Person: ________________________________________ E-mail Address: ________________________________________ Telephone: _____________________________________________ DUNS Number: _________________________________________ CAGE Code: ________________________________________ Federal Tax ID Number ___________________________________ Oregon Army National Guard Mall Advertising Performance Work Statement (PWS) Import - GGP Mall Advertising Vision Statement The Oregon Army National Guard (ORARNG) Recruiting and Retention Command (RRC) is engaging in an effort to increase brand awareness and expose the ORARNG to Oregonians in the greater Portland metro area by advertising our brand in the area's large shopping centers; Clackamas Town Center and Pioneer Place. 1 Introduction Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision and other items and non-personnel services necessary to perform the requirements as the contractor of the GGP Mall Advertising as defined in the Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. 1.1 Mission RRC will advertise and brand the ORARNG to all sub markets of our target demographic by means of the Portland area malls. The main objective is to generate a high amount of impressions in a short amount of time by participating and advertising inside Clackamas Town Center and Pioneer Place. 1.2 Background The ORARNG has historically had a low Department of Defense (DoD) market share in the Portland Metro area. This area accounts for over one third of the state's population so it is paramount that we target our advertising efforts in this market. By advertising in Clackamas Town Center and Pioneer Place we will generate more than 12,000,000 impressions over a 5 month period, making this a target mode of advertising for our timeline and demographic. This effort will lead to more raw enlistments and increase our DoD market share. 1.3 Scope The RRC would like to take advantage of the advertising resources of Clackamas Town Center and Pioneer Place. This advertising package will allow the RRC the ability to be seen by over 12,000,000 people in a 5 month period. 2 General Requirements This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort 2.1 Non-Personal Services The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Procuring Contracting Officer (PCO) immediately. 2.2 Business Relations The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel. 2.3 Contract Administration and Management The following subsections specify requirements for contract, management, and personnel administration. 2.3.1 Contract Management The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The contractor must maintain continuity between the support operations and the contractor's corporate offices. 2.3.2 Contract Administration The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for contractual actions in a timely fashion. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support contracts or task orders. The contractor shall assign work effort and maintain proper and accurate time keeping records of personnel assigned to work on the requirement. 2.3.3 Personnel Administration N/A 2.4 Subcontract Management The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the Procuring Contracting Officer (PCO) or Contracting Officer Representative (COR). Cross teaming may or may not be permitted. 2.5 Contractor Personnel, Disciplines, and Specialties The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The contractor shall ensure the labor categories as defined in the Labor Categories document (see attachment), labor rates, and man-hours utilized in the performance of each Task Order (PWS line item) issued hereunder will be the minimum necessary to accomplish the task. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract. 2.6 Location and Hours of Work N/A 2.7 Travel / Temporary Duty (TDY) N/A 3 Performance Requirements The following section specifies the Performance Objectives and Performance Elements for the contract. 3.1 Period of Performance: The Period of Performance for this will be from September 15 2017 through February 15th 2018. 3.1 Clackamas Town Center 3.1.1 The contractor shall provide the ORARNG with the design template allowing us to design our own graphics. The contactor will then print and install all media in Clackamas Town Center. Performance Standards STD: Clackamas Town Center will have two 8'H x 14'W Skybanners with ORARNG graphics. AQL: The ORARNG Skybanners will stay in place for a period of 5 months. Deliverables A01: 1- Two Skybanners: Clackamas Town Center for 5 months 3.1.2 The contractor shall provide the ORARNG with the design template allowing us to design our own graphics. The contactor will then print and install all media in the Clackamas Town Center. Performance Standards STD: Clackamas Town Center will have three 6.5'H x 3'W Standees with ORARNG graphics. AQL: The ORARNG standees will stay in place for a period of 3 months. Deliverables A02: 1- Three Standees: Clackamas Town Center for 3 months 3.1.3 The contractor shall provide the ORARNG with the design template allowing us to design our own graphics. The contactor will then print and install all media in the Clackamas Town Center. Performance Standards STD: Clackamas Town Center will have three 6.5'H x 3'W Holiday Standees with ORARNG graphics. AQL: The ORARNG Holiday standees will stay in place for a period of 2 months. Deliverables A03: 1- Three Holiday Standees: Clackamas Town Center for 2 months 3.1.4 The contractor shall provide the ORARNG with the design template allowing us to design our own graphics. The contactor will then print and install all media in the Clackamas Town Center. Performance Standards STD: Clackamas Town Center will have twelve 12" x 12" Door Clings with ORARNG graphics. AQL: The ORARNG door clings will stay in place for a period of 3 months. Deliverables A04: 1- Twelve Door Clings: Clackamas Town Center for 3 months 3.1.5 The contractor shall provide the ORARNG with the design template allowing us to design our own graphics. The contactor will then print and install all media in the Clackamas Town Center. Performance Standards STD: Clackamas Town Center will have twelve 12" x 12" Holiday Door Clings with ORARNG graphics. AQL: The ORARNG holiday door clings will stay in place for a period of 2 months. Deliverables A05: 1- Twelve Holiday Door Clings: Clackamas Town Center for 2 months 3.1.6 The contractor shall provide the ORARNG with the design template allowing us to design our own graphics. The contactor will then print and install all media in the Clackamas Town Center. Performance Standards STD: Clackamas Town Center will have fifty 11"H x 17"W Table Wraps with ORARNG graphics. AQL: The ORARNG Table Wraps will stay in place for a period of 3 months. Deliverables A06: 1- Fifty Table Wraps: Clackamas Town Center for 3 months 3.1.7 The contractor shall provide the ORARNG with the design template allowing us to design our own graphics. The contactor will then print and install all media in the Clackamas Town Center. Performance Standards STD: Clackamas Town Center will have fifty 11"H x 17"W Holiday Table Wraps with ORARNG graphics. AQL: The ORARNG Holiday Table Wraps will stay in place for a period of 2 months. Deliverables A07: 1- Fifty Holiday Table Wraps: Clackamas Town Center for 2 months 3.2 Pioneer Place 3.2.1 The contractor shall provide the ORARNG with the design template allowing us to design our own graphics. The contactor will then print and install all media in Pioneer Place. Performance Standards STD: Pioneer Place will have one 5'H x 19'W Skybanner with ORARNG graphics. AQL: The ORARNG Skybanner will stay in place for a period of 5 months. Deliverables B01: 1- One Skybanner: Pioneer Place for 5 months 3.2.2 The contractor shall provide the ORARNG with the design template allowing us to design our own graphics. The contactor will then print and install all media in Pioneer Place. Performance Standards STD: Pioneer Place will have three 6.5'H x 3'W Standees with ORARNG graphics. AQL: The ORARNG Standees will stay in place for a period of 3 months. Deliverables B02: 1- Three Standees: Pioneer Place for 3 months 3.2.3 The contractor shall provide the ORARNG with the design template allowing us to design our own graphics. The contactor will then print and install all media in Pioneer Place. Performance Standards STD: Pioneer Place will have three 6.5'H x 3'W Holiday Standees with ORARNG graphics. AQL: The ORARNG Holiday Standees will stay in place for a period of 2 months. Deliverables B03: 1- Three Holiday Standees: Pioneer Place for 2 months 4 Special Requirements This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort. 4.1 Security and Safety N/A 4.2 Transition The contractor shall follow the transition plan submitted as part of the proposal and keep the Government fully informed of status throughout the transition period. Throughout the phase-in/phase-out periods, it is essential that attention be given to minimize interruptions or delays to work in progress that would impact the mission. The contractor must plan for the transfer of work control, delineating the method for processing and assigning tasks during the phase-in/phase-out periods. 4.3 Government Furnished Materials The ORARNG will provide all the design to GGP Mall Advertising to place on the Skybanners, Standees, Holiday Standees, Door Clings, Holiday Door Clings, Table Wraps, and Holiday Table Wraps. 4.4 Environmental Requirements N/A 4.5 Applicable Directives The contractor shall comply with all documents listed below as mandatory and referenced under paragraph 3.0, Performance Requirements. Compliance with documents listed as non-mandatory is the contractors' option. Mandatory compliance (list) Non-Mandatory document (list) 5 Deliverables The contractor shall provide deliverables as described in subsequent task orders. Deliverables shall be specified by the government. Format and delivery schedule for deliverables shall be outlined in CDRLs and/or other means TBD. Identifier Name Description A01 Clackamas Skybanners 2 Skybanners in Clackamas Town Center's Skybridges A02 Clackamas Standees 3 Standees in Clackamas Town Center A03 Clackamas Holiday Standees 3 Holiday Standees in Clackamas Town Center A04 Clackamas Door Clings 12 Door Clings on doors in Clackamas Town Center A05 Clackamas Holiday Door Clings 12 Holiday Door Clings on doors in Clackamas Town Center A06 Clackamas Table Wraps 50 Table Wraps on tables in Clackamas Town Center A07 Clackamas Holiday Table Wraps 50 Holiday Table Wraps on tables in Clackamas Town Center B01 Pioneer Skybanner 1 Skybanner in Pioneer Place's Skybridge B02 Pioneer Standees 3 Standees in Pioneer Place B03 Pioneer Holiday Standees 3 Holiday Standees in Pioneer Place 6 Related Documents The following Documents are related to this project Oregon Military Department ATTN: Recruiting and Retention Board (RRB) 1776 Militia Way SE S Salem OR 97301 PRICING: CLIN 0001 5 Months Mall Advertising 1 LOT TOTAL tiny_mce_marker___________________ Requirements for your quote: Please submit a quote on your company letterhead showing a price per contract line item (CLIN) with at total price at the bottom. Include the following information on your quote: Cage code, Tax ID number, company name, phone number, contact, and email. The award will only be made to an offeror that is all-inclusive of the requirements on this solicitation. Terms and Conditions: Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling the SAM Registration Center at 866-606-8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors' quotes shall be valid for a minimum of 30 days to be acknowledged in the offerors' quote. Contractors must be actively registered with Wide Area Work Flow (WAWF) at http://wawf.eb.mil. Clauses may be accessed electronically in full text through http://farsite.hill.af.mil. FAR 52.204-7 System for Award Management FAR 52.204-13 System for Award Management Maintenance FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014) FAR 52.211-6 Brand Name or Equal FAR 52.212-1, Instructions to Offerors-Commercial. FAR 52.212-2, Evaluation-Commercial Items Evaluation. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the government, lowest price of all item "all or none". FAR 52.212-3 ALT I, Offerors Representation and Certifications Commercial Item or complete electronic annual representations and certifications via the System for Award Management (SAM). FAR 52.219-6, Notice of Total Small Business Set-Aside FAR 52.219-28, Post Award Small Business Representation FAR 52.225-13, Restrictions on Certain Foreign Purchases. FAR 52.222-21, Prohibition Of Segregated Facilities. FAR 52.222-26, Equal Opportunity. FAR 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era. FAR 52.222-36, Affirmative Action for Workers With Disabilities. FAR 52.222-37, Employment Reports On Disabled Veterans And Veterans Of The Vietnam Era. FAR 52.222-44, Fair Labor Standards act and Service Contract Act-Price adjustment. FAR 52.222-50, Combating Trafficking in Persons. FAR 52.222-54, Employment Eligibility Verification. FAR 52.228-5, Insurance-Work on a government Installation. FAR 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management. FAR 52.232-36, Payment by Third Party. FAR 52.225-1, Buy American - Supplies. FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.253-1, Computer Generated Forms DFARS 252.203-7999 (DEV) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.211-7003, Item Identification and Valuation. DFARS 252.225-7000, Buy American Act (BAA) - Balance of Payments Program Certificate DFARS 252-225.7001, BAA - Balance of Payments Program DFARS 252.225-7002, Qualifying Country Sources as Subcontractors. DFARS 252.232-7003, Electronic Submission of Payment Requests. DFARS 252.246-7000, Material Inspection And Receiving Report DFARS 252.247-7023, Transportation of Supplies by Sea, Alternate III. DFARS 252.215-7008, Only One Offer. DFARS 252.232-7006, Wide Area Workflow. DFARS 252.204-7012, Safeguarding Unclassified Controlled Technical Information. DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors DFARS 252.244-7000 Subcontracts for Commercial Items 52.212-4 -- Contract Terms and Conditions -- Commercial Items. As prescribed in 12.301(b)(3), insert the following clause: Contract Terms and Conditions -- Commercial Items (Jan 2017) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government 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 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. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of Clause) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 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) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (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) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (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). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (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 (b)(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, DoD, GSA, 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) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (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. (End of Clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm (End of clause) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any FAR (Title 48 CFR Chapter 1) and DFARS (Title 48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) Offerors can submit their quote any time before the due date to: Point of Contact: CPT Richard Harvey Phone: (503)584-3773 email: richard.a.harvey5.mil@mail.mil
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