MASS NOTIFICATION SYSTEM FOR MILITARY FACILITY
Type of document: Contract Notice
Country: United States
MASS NOTIFICATION SYSTEM FOR MILITARY FACILITY
Department of Homeland Security
2401 Hawkins Point Road
Building 31, Mail Stop 26 Baltimore MD 21226-5000
Mark K. Solomon, SKC, Phone 4107626106, Email MARK.K.SOLOMON@USCG.MIL
•(i) This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in subpart 12.6 of the FAR and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.
•(ii) Solicitation number 70Z04018Q61485Y00 applies and is used as a Request For Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-87, effective, 7 March 2016.
•(iii) It is anticipated that a competitive price purchase order shall be awarded as a result of this synopsis/solicitation. All responsible sources may submit a quotation, which if timely received, shall be considered by this agency.
•(iv) The U.S. Coast Guard, Surface Forces Logistics Center (SFLC) intends to award a Firm Fixed Price Purchase Order.
•(v) The United States Coast Guard Surface Forces Logistics Center has a requirement for the following items:
ITEM 1: MILITARY/DoD MASS NOTIFICATION SYSTEM (MNS)
Specifications and Requirements
•1.1 This requirement is for a base-wide (giant voice) mass notification system for personnel alerting. This system shall have the capability of providing real-time information to all personnel located on the base. The system shall provide signals or messaging appropriate to Force Protection Conditions (FPCONS), watches, warnings, evacuation routes, routine bugle calls, and other alerting information to meet Federal, DoD, USCG and base specific warning and notification requirements.
•1.2 There will be a mandatory site VISIT at 0900 EST on Thursday September 13th, 2018 at the Coast Guard YARD for all interested contractors. All interested parties must notify the government by 0700 EST Wednesday September 12th, 2018. Any questions one can contact LTJG Edward Hobaica, Edward.firstname.lastname@example.org, 410-636-4477.
•2 Required Technical Qualifications
•2.1 The contractor shall demonstrate full knowledge and understanding of the Specifications and Requirements for implementation of a base-wide mass notification system by submitting a detailed and comprehensive proposal outlining their methodology, features and capabilities, and equipment required to satisfy the Statement of Need (SON). Any deviation or exception taken to these Specifications and Requirements must be noted and a full explanation for the alternative must be provided.
•2.2 The contractor must have been in business for a minimum of 5 years providing mass notification solutions.
•2.3 The contractor shall provide three references for similar mass notification system installs at US Government or large commercial facilities and be able to demonstrate said previous experience and past performance. Past performance also must include previous mass notification installation work on DoD/DHS facilities. Contractor shall provide factory-trained personnel to perform system design, testing, installation and training.
•2.4 System must be manufactured and tested in the United States of America.
•2.5 The equipment manufacturer and its proposed equipment, system and services must be Safety Act Designated or Certified, as Qualified Anti-Terrorism Technology by the US Department of Homeland Security.
•3 Technical Services Required
•3.1 The contractor shall design, manufacture, deliver and install a customized Mass Notification System that shall meet all specific DoD and base requirements. The system must be planned out in detail to ensure that safe sound levels are not exceeded as well as providing for adequate coverage of the base. An acoustic map indicating expected acoustic coverage shall be submitted as part of the contractor proposal. The map must be approved by someone with a minimum of 5 years experience with GIS mapping and acoustic design. No exceptions can be made.
•4 Mass Notification System Technical Requirements
•4.1 Giant Voice Control Station (GVC) Requirements
•4.1.1 Contractor shall provide Giant Voice Control Stations that will provide two-way communications capability for equipment status monitoring and activation control of the base-wide mass notification system. The GVC shall have a battery that will provide up to 8 hours of operation without AC power, and must be capable of activating the MNS on its own. Other components of the GVC such as PC, monitor, printer shall use a UPS system for power backup.
•4.1.2 The GVCs shall be placed in Bldg. 144 and Bldg. 70. Bldg. 144 shall be the primary and Bldg. 70 shall be the alternate. The new system, in its entirety, shall be controllable from the primary location, with the ability to provide more GVC locations if the base so desires in the future. The secondary location shall have just an active shooter activation button and a silence activation button. The primary GVC shall also have the ability to activate tones, messages and sirens from a mobile command post configuration for attack and weather warning alerts.
•4.1.3 The GVC shall be able to communicate with all outdoor and indoor units (for future expansion) to monitor, control, log, and report all system activities and status. It shall be able to conduct polling, and to initiate silent tests, alarm activations, pre-recorded messages, live voice broadcasts, bugle calls, and remotely program units. The status of the system shall include, but is not limited to, low battery, AC fail, charger fail, cabinet intrusion, speaker array status, radio communications and other maintenance information in the system. The GVC shall report success, failure, not verified, normal, abnormal and out of service displays indicating the status of the system at all times.
Each GVC shall include the following features and equipment:
•4.1.4 A computer station running a specialized system control software, and a two-way communication control unit that will interface between the GVC and the remote indoor and outdoor field units (Giant Voice Towers, or GVT).
•4.1.5 Radio-based MNS systems shall communicate using encrypted Frequency Shift Keying (FSK) signals using a JF12 compliant LMR-type radio. DTMF and two tone sequential communication signaling will not be accepted.
•4.1.6 IP-based MNS systems shall be it’s own independent separate network. The CCU and field units shall be capable of supporting either Ethernet, Fiber (single or multimode), DSL, or FHSS IP radios.
•4.1.7 The system shall support the ability to have up to 16 GVC’s that can activate and monitor the system independently of each other.
•4.1.8 The GVC software shall provide easy independent adjustment of dB levels within the system for all outdoor GVT or indoor ISU units, without having to physically visit each location.
•4.1.9 The system must support the ability to initiate concurrent and/or sequential activations.
•4.1.10 The system shall have the ability to create automatic activations that initiate based on a flexible schedule by month/week/day/time and/or specific holiday dates.
•4.1.11 The system must have the ability that a secondary control station shall activate automatic activations when the primary controller fails or does not activate as required. This shall include all tones, messages and live voice broadcasts.
•4.1.12 The controller shall be software configurable to allow two methods of message delivery, first automate the delivery of digital messages without any human interface (e.g., having to access the microphone or other devices other than the controlling central processing unit), second, provide the ability to broadcast live audio messages. The controllers shall also have the ability to override the automatic activation in the event malfunctions occur, or cancel an activated message. This automation shall be easy to perform, with little to one step operations to initiate a message/announcement/siren/music.
•4.1.13 Provide for at least 130 configurable activation events with the ability to digitally store all prerecorded messages, music and tones. Must have the ability to establish automatic “triggering/activation” for some messages based on a set day(s) and time(s), for messages like reveille, retreat, and set test announcements. These events allow the user to program automatic daily, weekly or monthly activations and/or tests; daily, weekly or monthly quiet tests, and other regularly scheduled events. The tone and digital messages shall be able to play together without human interface as dictated by an activation message matrix. The system shall also have the flexibility to repeat a selected message at a specified number of times.
•4.1.14 The operator must have the ability to use two possible modes – initiate either real emergency activations or “Exercise” (test mode) activations.
•4.1.15 The GVC shall have the ability to test the GVTs and (future) indoor units individually, or totally. A silent test feature shall be available, and where each system unit will display the resulting test status.
•4.1.16 The vendor shall provide a system secured against spurious or mischievous activation, including the ability to cancel (stop) the message/siren/tone if inadvertently initiated.
•4.1.17 The system must be capable of supporting, through add-on modules or interfaces, the ability to deliver messages or alerts via email, SMS text, telephone, or computer popups.
•4.2 Giant Voice Tower (GVT) Requirements
•4.2.1 The GVT must operate in all normal environmental conditions expected at the installation location.
•4.2.2 The outdoor high-powered speaker station equipment shall be a stationary (non-rotating) electronic voice-capable giant voice tower (GVT). The GVT equipment requirements shall be standard products from the equipment manufacturer. No customization of the GVT equipment shall be allowed. Mechanical and/or electromechanical sirens with moving parts will not be accepted.
•4.2.3 The system shall provide a clear and audible tone/message between 85-120 Decibels throughout the entire highlighted section in attachment A.
•4.2.4 The GVT cabinet shall contains both the electronics and batteries in two separate compartments that are sealed from each other. The electronics section must be completely sealed, and the battery compartment shall be vented and the vents shall be covered with a bug screen.
•4.2.5 All tones shall be locally generated in the field units. All prerecorded messages shall be stored locally in the field units, and be clear and understandable, regardless of the input media. The media shall be flash-based; ROM-based messages stored on chips that must be replaced if updated will not be accepted. Broadcasting of tones and pre-recorded messages from the Control Station will not be accepted.
•4.2.6 The GVT shall provide at least nine (9) standard tones, and shall also provide all tones and messages requested by the base. The standard tones shall be Steady, Pulsed Steady, Alternate Steady, Wail, Alternate Wail, Pulsed Wail, Whoop, Wail-Whoop, and Westminster Chime. In addition, the GVT shall have the capability to support custom tones.
•4.2.7 The GVT contractor’s acoustic engineer shall provide a detailed acoustic design for this project. This acoustic design shall establish an appropriate solution that prevents multiple sound arrivals and sound collision, and produces excellent voice intelligibility and sound coverage (85-120 Db signal in highlighted area of Attachment A).
•4.2.8 The GVT shall provide constant and complete alarm tone and intelligible voice notification performance. In addition, minimize echoes or the perception of an echo while providing the capability to simultaneously hear announcements. The intelligible coverage distance shall be up to 1800′ and not more than 2000′ per the UFC requirements.
•4.2.9 Clear and intelligible voice is defined as the ability to hear and clearly understand all activations with minimal echo or delay, or perception of an echo or delay, in the sound traveling around the base geographical area. The sound should be clearly heard from only one location, without sound delays that travel from more than one newly installed GVT. This shall also include live voice announcements.
•4.2.10 To accommodate for future changes in facility size, configuration or land use, the modular design for the speaker assembly shall allow for on-site positioning/repositioning of speakers to control sound in any designated direction.
•4.2.11 All radio FSK communications shall be accomplished using Frequency Shift Keying (FSK) encoded data with security code to prevent unauthorized messages or activation. The security code shall include a checksum, time stamp, and rotating security coding. The use of Two-Tone or DTMF communications will not be accepted due to security concerns.
•4.2.12 In order to prevent damage or premature failure to the speaker drivers, the GVT amplifiers shall be Class-D pulse width modulated amplifiers and shall use a sine wave, not a square wave, signal for all tones applied to the speakers. The amplifier’s frequency response shall be approximately 250 Hz to 5000 Hz.
•4.2.13 The GVT shall have the capability of reducing the power of locally activated tones and to perform a silent test signal to evaluate the amplifiers and drivers. A local CANCEL signal shall be available to immediately halt an active alarm.
•4.2.14 The GVT shall provide status messages to the control station. The GVT will provide status change indications such as door open (intrusion), ac power, charger, amplifier, and battery voltage low. These status messages shall be reported immediately when the condition occurs.
•4.2.15 The system shall provide some means of warning people in the immediate area of impending GVT activation, before full dB output is achieved to allow people in the immediate area to depart the area or protect hearing.
•4.2.16 The GVT shall not produce an unsafe volume at ground level when the system is activated. The sound level shall not be greater than 120 Db but greater than 85 Db.
•4.2.17 Additionally, these activations shall not produce unsafe or environmentally violating decibel levels when the system is activating, nor should it violate or produce excessive or obtrusive noise to the surrounding civilian communities that are in close proximity of the base.
•4.2.18 All outside items installed shall be completely weatherproof following common installation practices and industry codes.
5 Acoustic Design
5.1 Contractor must demonstrate that they have a qualified GIS and acoustic specialists with a minimal of 5 years of experience working in the industry. See technical requirements above.
5.2 Design considerations shall take into account factors that can reduce the estimated sound levels e.g. ambient noise, terrain, and fixed obstructions such as tall buildings. In addition, any planned future military construction must be disclosed and considered. Contractor shall also take into account local codes when designing the system.
•6 Other Requirements
6.1 A radio-based MNS system must operate on narrowband frequencies that are changeable.
6.2 All outside items installed shall be completely weatherproof following common installation practices and industry codes.
6.3 The Mass Notification System shall be able to be activated and cancelled from a designated frequency via a handheld radio.
6.4 Base Access: Effective September 1, 2016, all contractors and subcontractors performing on this contract/purchase order/task order shall utilize the RAPIDGate Program if repeat access to the CG Yard is required for seven (7) or more days annually. RAPIDGate manages the non-Common Access Credential (CAC) eligible vendor/contractor companies and their employees who require access to Coast Guard Yard, Baltimore. Vendor/contractor CAC eligibility has been restricted to only those who require physical access to Coast Guard Yard AND logical access to a DoD or DHS network or system.
Vendor/contractor companies that require repeat (7 or more days annually) access to the CG Yard, pay an annual company enrollment subscription to participate in the RAPIDGate Program and an annual employee registration subscription for each employee to participate in the program. The company enrollment fee is waived for sole proprietors.
Vendor/contractor companies must be approved by a Government sponsor at each DoD and DHS installation where their employees require access. Vendor/contractor employees who are registered, undergo initial and regular vetting and are issued a single credential, which is valid for perimeter access to those DoD and DHS installations where access privileges have been granted.
All company enrollments are submitted via the web at www.rapidgate.com and managed by phone or email. Initial employee registrations take place at a Program Registration Kiosk, typically located at participating DoD and DHS Installation Pass & ID Offices. The CG Yard’s Registration Kiosk is located at 2401 Hawkins Point Road, Baltimore, MD 21226, BLDG. 144, Security [brick building adjacent to the main gate]. Credentials will be available for pick-up at BLDG. 144 fourteen (14) days after the employee’s initial registration.
Costs incurred for delays at the gate due to the contractor’s failure to comply with this requirement or to provide qualified, authorized personnel will not be reimbursed by the Government. Additionally, consideration may be negotiated for performance delays caused by the contractor’s failure to comply with RAPIDGate requirements, or for delays caused by the disqualification of contractor employees.
Your tenant sponsor is, NAME HERE, email: email@example.com the Contracting Officer’s Representative. This sponsor will need a list of individual employee names and DOB’s with your quotation.
Any RAPIDGate program questions should be directed to: 1-877-727-4342.
•7 General Information
•7.1 Standard and References: All installation work shall conform to the Communication Squadron System and Giant Voice Specifications and follow standard installation practices as determined in IEEE standards, electric codes, US Coast Guard Instructions and other standard industry practices covering general and common installation practices. These references shall be listed within the MOASP key performance indicators and QASP.
•7.2 All base specified and OSHA safety standards shall be strictly followed.
•8 Period of Performance
•8.1 The period of performance for this contract is 120 days from the date of award. Following delivery of the MNS System there will be a one year period for a service maintenance agreement through the warranty.
•9 Place of Performance
•9.1 Place of performance will be the U.S. Coast Guard YARD, Curtis Bay, MD.
•10 Final system acceptance phase
Comprehensive system testing shall be conducted upon completion of the system installation not later than 120 Days from date of award. The system testing shall be conducted in two phases and follow the procedures described below.
- Phase 1 testing shall be conducted by the contractor to ensure that all systems, software and hardware are operating to each manufacturer’s specifications. Ten (10) business days prior to testing the installation contractor will provide YARD CSO with a written copy of the testing record document used to record identified deficiencies and operating conditions of the installed system. The installation contractor shall correct any problems found during Phase 1 testing prior to beginning Phase 2 testing.
- Phase 2 – Acceptance Testing shall be conducted by the contractor in the presence of the Chief of Police. Testing shall be scheduled with the appropriate parties not-less-than one week in advance. Ten (10) business days prior to testing the installation contractor will provide YARD CSO with a written copy of the testing record document used to record identified deficiencies and operating conditions of the installed system.
•11.1 Implantation Plan/Project Schedule
The Contractor shall submit an Implementation Plan/Project Schedule documenting their approach and milestones to system installation, integration, testing and acceptance.
The Implementation Plan shall include the Contractor’s proposed list and sequence of activities for the delivery of the full system in accordance to the requirements in these specifications, and their associated milestones for testing and acceptance. As a minimum, the Implementation Plan shall include the sequence and duration of the following activities:
•(a) Engineering & Design
• i. The Engineering & Design Phase(s) will occur post award following a site visit(s) by the selected contractor.
• ii. This phase will include a Preliminary Design Review and a Final Design Review and Acceptance.
•(b) Equipment procurement and pre-delivery testing;
•(c) Equipment shipping and site arrival;
•(d) Central systems installation;
•(e) Testing and acceptance tasks and milestones
•11.2 System Design Document
Following detailed engineering and design, the Contractor shall furnish USCG with complete written documentation describing the system to be delivered including all equipment and software to be furnished. The System Design Documentation shall include the following minimum information:
- Overall system schematic and architecture;
- Communications network diagrams (including Wireless Communications System components) showing the physical and logical architecture;
- Major assumptions and risks;
- Detailed description of all subsystems and equipment and hardware, including functional description, interface descriptions, security provisions, communications loading details, material specifications (i.e. environmental, electrical etc), configuration details and installation details;
- Details on all network, data, power/electrical or other requirements provided by any third party;
- Detailed description of all software, including functional description, system interface descriptions, Graphical User Interface descriptions, hardware specifications, availability and reliability figures and configuration details;
- Detailed descriptions of information, materials and timing required by the Contractor by other parties;
- Parts list for each piece of equipment supplied. The parts list shall identify the manufacturer(s) and model/part number of all equipment. The Contractor may use manufacturer’s data sheets or handbooks for individual equipment items that are a subcomponent within the overall system.
•11.3 As-Built Documentation
The Contractor shall provide sufficient documentation to reflect “as supplied” conditions and to facilitate operation, maintenance, modification and expansion of the equipment or any of its individual components to the satisfaction of USCG or its representative.
The as-built documentation shall be provided three (3) weeks after Acceptance has been granted and updated documentation will be required at any time the Contractor provides software or hardware upgrades.
•11.4 Software User’s Manual
A User Manual shall be provided for each software application. The User Manual shall include screen captures and easy to follow instructions to assist the users through all of the tasks that they may need to complete. The User Manual shall include an index. As a minimum, the User Manual shall include all information that is available through the context sensitive help. Fault procedures shall be described, as well as procedures for dealing with problems. A System Administrator Manual shall be provided for each software application. The System administration Manual shall outline all of the installation procedures, configuration parameters, details on how to configure the parameters, backup and recovery process, trouble shooting techniques and technical support information. Fault procedures shall be described, as well as procedures for dealing with problems.
•11.5 Hardware and Software Maintenance Manual
The operation and maintenance documentation will be comprised of the Operation and Maintenance (O&M) manuals and the User Manuals and System Administration Manuals as described above. The O&M documentation shall be submitted to USCG prior to Testing. The Contractor shall deliver complete sets of O&M manuals as defined in the Pricing Schedules; (1) complete, electronic version of each manual shall also be provided.
The O&M manuals shall be a detailed presentation of all systems and shall include illustrations where applicable. Manuals shall include, but shall not be limited to:
- General description;
- Functional descriptions;
- Functional block diagram;
- Operating instructions;
- Maintenance and repair procedures;
- Test procedures;
- Schematic drawings and circuit diagrams;
- and Parts list.
Each type of maintenance manual shall contain but not be limited to:
Description of operation including start-up, shut-down and emergency procedures;
- Complete parts identification diagram and list;
- Troubleshooting procedures;
- Inspection procedures;
- Preventive maintenance procedures and program;
- Repair procedures;
- Diagnostic procedures;
- Wiring diagrams;
- Electrical schematics with board and cable identification;
- Adjustment procedures;
- Seasonal maintenance requirements;
- Equipment arrangement and drawings;
- Names and schedules of all lubricants and cleaners used; and
- Other consumable materials for the equipment stating where used, quantity, service intervals and annual consumption.
The Contractor shall provide a parts list for all equipment supplied. The parts list shall identify the manufacturer(s) and model/part number. The Contractor may use manufacturer’s data and handbooks for individual items of the equipment that are a sub-component of the overall system. All such documentation shall be contained in similar binders. Where an equipment component is of such a nature that local repairs cannot be made and it must be returned to the factory as a unit for overhaul, specific information concerning its repair and breakdown into component parts shall be provided.
Training provided not later than 1 weeks prior to Final Acceptance. This section provides an overview of the required project training, including the following:
•12.1 General Training Requirements
The Contractor shall fulfill the following general training requirements:
- The Contractor shall be responsible for operation and maintenance training of USCG designated personnel on all hardware and software provided as part of the MNS project.
- The Contractor shall perform all training at USCG facilities located in Curtis Bay, Maryland.
- The Contractor shall perform all training as a combination of classroom and hands-on training.
- The Contractor shall only utilize experienced and qualified personnel for training courses.
- Personnel shall have had prior experience of performing these same training classes for other similar transit agency systems.
- The Contractor is responsible for providing all training materials, visual aids, projects, sample equipment, etc.
- One complete set of hardcopy training materials will be provided to each USCG student.
- Also, one electronic set of material shall be provided to USCG with rights to make copies.
- All training materials are to become the property of USCG .
- Training classes shall be scheduled for the following periods of the contract:
•a. One suite of classes to be performed at the completion of installation, prior to final acceptance.
- A training plan shall be submitted to USCG prior to the first suite of training classes. The training plan shall contain an overview and outline of the agenda for the training class as well as the outcomes that are to be learned. USCG shall review, comment and provide final approval on the training plans.
The rights and remedies of USCG under this Part are not intended to be exclusive and shall not preclude the exercise of any other rights or remedies provided for in this specification, or by any subsequent contract, or by law or otherwise.
The Contractor shall warrant that all goods supplied, systems, equipment, designs, and work covered by this Scope of Work and subsequent contract shall be satisfactory for its intended purpose, shall conform to and perform as called for in the Contract requirements specifications and shall be free from all defects and faulty materials and workmanship. Any goods supplied, systems, equipment, designs, or work found to be defective within the time specified below shall be repaired, remedied, or replaced, hereinafter called “corrective work”, by the Contractor, free of all charges including transportation for a period of one year or the manufacturer’s warranty, whichever is longer.
FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015). Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or email. As a minimum, offers must show: (1) The solicitation number (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price. Delivery information and any discount terms; (7) “Remit to” address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. (12) Dun & Bradstreet number.
•(vi) FAR 52.212-2 Evaluation-Commercial Items (OCT 2014). – This is a commercial services acquisition. The evaluation and award procedures in FAR 13.106 apply. The following evaluation factors shall be considered: The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price, delivery date and other factors considered. The following factors shall be used to evaluate offers: The Government will evaluate offers based on delivery date and lowest technically acceptable price.
•(vii) FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (MAR 2016) – An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website (www.sam.gov), the offeror shall complete only paragraphs (c) through (o) of this provision.
•(viii) FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) applies to this acquisition. The following addendum applies: Address for submission of invoices is U.S. Coast Guard, P.O. Box 4122, Chesapeake, VA 23327-4122, Phone 757-523-6940 or Email address for submission of invoices is FIN-SMB-YARDTEAM@USCG.MIL .
•(ix) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -Commercial Items (MAR 2016)
•(x) FAR 52.213-4 Terms and Conditions – Simplified Acquisitions (Other Than Commercial Item).
•(xi) The Contractor shall comply with the FAR clauses which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
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. Full FAR library is in effect, with full text of clauses which may be accessed electronically at .
Number Title Date
52.212-1 INSTRUCTIONS TO OFFERORS JAN 2017
52.212-2 EVALUATION – COMMERCIAL ITEMS OCT 2014
52.212-3 OFFEROR REPRESENTATIONS AND
CERTIFICATIONS – COMMERCIAL ITEMS NOV 2017
52.212-4 CONTRACT TERMS AND CONDITIONS JAN 2017
52.247-34 F.O.B. DESTINATION NOV 1991
(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(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:
__ (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.)
__ (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).
__ (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.
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (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.
X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (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).
__ (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).
__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (38)(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.
__ (39)(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.
__ (41)(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__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
__ (47)(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.
X__ (49) 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).
__ (50) 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).
__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).
__ (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).
__ (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).
__ (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).
(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-
(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 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.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(xiv) 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).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 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) 52.247-64, 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.
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 (Jul 2018). 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-
(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-
(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(D) 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.
(E) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(F) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(L) 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).
(N) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).
(O) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(P) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(Q)(1)52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(2)Alternate I (Jan 2017) of 52.224-3.
(R) 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) 52.247-64, 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.
(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.
(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.
(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.
(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.
(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.
(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.
(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.
(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either
(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or
(2) terminate the contract for default.
Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.
(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time —
(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and
(ii) When the supplies will be ready for Government inspection.
(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.
(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.
(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.
(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor
(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or
(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.
(End of Clause)
Alternate I (Jul 1985). If a fixed-price incentive contract is contemplated, substitute paragraphs (g), (h), and (l) below for paragraphs (g), (h), and (l) of the basic clause.
(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and when required shall disclose the corrective action taken. Cost of removal, replacement, or correction shall be considered a cost incurred, or to be incurred, in the total final negotiated cost fixed under the incentive price revision clause. However, replacements or corrections by the Contractor after the establishment of the total final price shall be at no increase in the total final price.
(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either
(1) by contract or otherwise, remove, replace, or correct the supplies and equitably reduce the target price or, if established, the total final price or
(2) may terminate the contract for default.
Unless the Contractor corrects or replaces the nonconforming supplies within the delivery schedule, the Contracting Officer may require their delivery and equitably reduce any target price or, if it is established, the total final contract price. Failure to agree upon an equitable price reduction shall be a dispute.
* * * * *
(a) Definitions. As used in this provision-
“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
“Registered in the System for Award Management (SAM) database” means that-
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.
(4) The Government has marked the record “Active”.
“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(1) By submission of an Offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(End of Provision)
Alternate I (Jul 2013). As prescribed in 4.1105(a)(2), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic provision:
(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the System for Award Management prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. If registration prior to award is not possible, the awardee shall be registered in the System for Award Management within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.
This is a firm order ONLY if your price does not exceed the maximum line item or total price in the Schedule. Submit invoices to the Contracting Officer. If you cannot perform in exact accordance with this order, Withhold Performance, and notify the Contracting Officer immediately, giving your quotation.
(End of Clause)
52.213-4 – Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (Jul 2018)
(i) 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)).
(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iii) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vi) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(i) 52.232-1, Payments (Apr 1984).
(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).
(iii) 52.232-11, Extras (Apr 1984).
(iv) 52.232-25, Prompt Payment (Jan 2017).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).
(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
(vii) 52.233-1, Disputes (May 2014).
(viii) 52.244-6, Subcontracts for Commercial Items (Nov 2017).
(ix) 52.253-1, Computer Generated Forms (Jan 1991).
(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).
(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).
(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))
(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).
(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).
(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-
(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).
(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.
(xvii) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).
(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).
(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information).
(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).
(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.
(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).
(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).
(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).
(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).
(c) 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):
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its postacceptance rights-
(e) 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.
(f) 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 that 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 that reasonably could have been avoided.
(g) 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.
(End of Clause)
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 ______ [insert the period of time within which the Contracting Officer may exercise the option].
(End of Clause)
(a) The Government may extend the term of this contract by written notice to the Contractor within _____ [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least ___ days [60 days unless a different number of days is inserted] 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 ___________ (months)(years).
(End of Clause)
ALL QUOTES MUST BE EMAILED TO MARK.K.SOLOMON@USCG.MIL WITH SOLICITATION NUMBER REFERENCED IN THE SUBJECT LINE.