Promotional Items
Action Code: Combined Synopsis/Solicitation Notice
Class Code: 7810 Athletic and Sporting Equipment
Subject: Promotional Items
Solicitation Number: 11010261
Posted Date: 5-23-17
Set-Aside: Total Small Business
Response Date: 06 JUN 2017 @ 2:00 pm Pacific Time
Contracting Office Address: United States Property and Fiscal Office, ATTN: USPFO-P, 1776 Militia Way/PO Box 14350, Salem, Oregon 97309-5047
Description:
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
The solicitation is issued as a Request for Quote (RFQ). Quotes are due by 06 JUNE 2017 @ 2:00 pm Pacific Time. This RFQ will result in a firm fixed price contract. This solicitation is 100% set-aside for small businesses.
The North American Industry Classification System (NAICS) code for this acquisition is 339920. The United States Property and Fiscal Office of the Oregon Army National Guard is soliciting quotes to procure the following supply or services:
SPECIFICATIONS:
Oregon Army National Guard RPI Contract
Specifications
We will provide all graphics to the Vendors in the desired format upon contract award. The awarded vendor will provide us with a product sample, digital proof, and one pre-production sample of each product before full production to be verified by a government representative that the product is technically acceptable. The sample product will not be included in the overall numbers.
BUY American and Trade Agreement Countries:
All items must be produced in the United States or a country covered by a trade agreement.
Acceptable countries of manufacture are:
WTO: Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as "the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu" (Chinese Taipei)), Ukraine, or the United Kingdom
Free Trade Agreement: Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Panama, Peru, or Singapore
A least developed country: Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia
A Caribbean Basin country: Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago.
Qualifying Country: Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Israel, Italy, Japan, Luxembourg, Netherlands, Norway, Poland, Portugal, Slovenia, Spain, Sweden, Switzerland, Turkey, and United Kingdom of Great Britain and Northern Ireland.
Contract Standards:
All quotes must meet or exceed the listed standards.
Total Price must include all design, production, installation, set up, and shipping fees.
CLIN 0001 7,000 ea. $__________________________ (FFP delivery included)
Item: Cinch Bags
Non-Woven String Backpack - 80gsm,
Colors/Sizes/Quantity: Black Bags, Item dimensions: 14''w x 17''h, black cinch bags
Application: Screen Print
Graphics: Oregon National Guard Mountain logo in White (9"x10")
CLIN 0002 15,000 ea. $_________________________ (FFP delivery included)
Item: Lanyard
Durable soft nylon material
Colors: OCP patterned lanyards, Item dimensions: ¾"x36", Break away safety clip with lobster claw hook
Application: Silk Screening
Graphics: Oregon National Guard linear logo in black
CLIN 0003 350 ea. $ _____________________________ (FFP delivery included)
Item: Back Packs
Color: Coyote Brown
Upper: 100% Polyester, Polyvinylchloride coated
Lining: 100% Polyester
Upholstery: EVA foam (260 or rather 550 g/qm)
Total volume: ca 20 liter (approximately 5 1/4 gallons)
SIZE in INCHES: Approximately 16 1/2 x 9 x 10 (42 x 20 x 25 cm)
Features:
-Upholstered back
-Ergonomic formed upholstered shoulder straps, ca. approximately 2 inches (5 cm) wide, adjustable in length.
-Eyelets for additional material to fix
-Adjustable belly strap in length with quick release fastener
-Carrying handle
-2 big pockets with several zipper and net pockets
-1 front pocket with organizer and additional pocket with zipper
-All pockets with 2-way-zipper
-Volume control and baggage fixation with compression straps on the side
-Several molle loops
-Integrated pocket with hook and loop closure for a hydropack
Application: Embroidered 4"x5" logo Graphics:
Oregon National Guard logo dark coyote brown (Tan bags) Black (Black Bags) size
(4"x5")
CLIN 0004 2,000 ea. $____________________________ (FFP delivery included)
Item: Hoodies
Hooded sweat shirts with draw string, hood, and front pocket
305g, 78% cotton/22% polyester material
MADE IN THE USA
Colors/Sizes/Quantity: Dark Grey Hoodies, 350 Small, 600 medium, 600 large, 300 XL,
150 XXL
Application: Screen Print black Graphics:
Oregon National Guard logo in Black (12x3")
Website on neck (www.nationalguard.com)
CLIN 0005 3,900 ea. $__________________________ (FFP delivery included) Item: T-Shirts
4.1 oz. 100% soft spun cotton jersey
Reinforced double stitched neck to retain shape
Moisture management technology
MADE IN THE USA
Colors/Sizes/Quantity.
Coyote Brown: 200 small, 400 medium, 400 Large, 200 XL, 100 XXL
Black: 200 small, 400 medium, 400 Large, 200 XL, 100 XXL
Light grey: 200 small, 400 medium, 400 Large, 200 XL, 100 XXL
Application: Screen Print
Black print on Coyote brown and Light Grey shirt; White print on black shirt
Graphics:
Front: eagle image 11x8 inches
Right Sleeve: Oregon National Guard logo (2x3)
CLIN 0006 2,000 ea. $____________________________ (FFP delivery included)
Item: Blender Bottles
Stainless steel mixing Ball
A flip cap doesn't close while using
28-ounce capacity
Embossed with ounces and milliliter markings
Colors/Sizes/Quantity: 2000 Clear Bottles with 500 with black lids 500 white red lids 500 with blue lids and 500 with green lids
Application: Screen Print Graphics:
Oregon National Guard Mountain logo will be the same color as the lid (2"x3")
CLIN 0007 30,000 ea. $__________________________ (FFP delivery included)
Item: Pens
Product Color: 30,000 White barrel single click pens with a variety of trim colors
Trim Color: 10,000 Black, 10,000 Blue, and 10,000 Red
Material: Plastic
Ink Color: Black
Imprint Color: Matches Trim Color Imprint Location: Barrel
Imprint Process: Silkscreen Imprint Size: 1 1/2" W x 3/4" H
Logo: Oregon Guard Linear logo
CLIN 0008 3,000 ea. $_____________________________ (FFP delivery included)
Item: Water Bottles
24 oz. Stainless steel water bottle with threaded lid
Design should work most vehicle cup holders (Tall/Narrow)
Colors/Sizes/Quantity: 3000 Black water bottles
Application: Screen Print
Graphics:
Oregon National Guard Mountain logo in Full Color (3"x4")
CLIN 0009 750 ea. $______________________________ (FFP delivery included)
Item: Coffee Tumblers
12oz/355ml Stainless Steel Contour matte finish bottle.
Double wall stainless steel.
Vacuum seal.
Design should work most vehicle cup holders (Tall/Narrow)
Thumb slide closure on top.
8.5" L x 2.75" Diameter
Colors/Sizes/Quantity: 750 Black Tumblers,
Application: Screen Print
Graphics:
Oregon National Guard Mountain logo in White (2"x3")
CLIN 0010 350 ea. $_ ____________________________ (FFP delivery included)
Item: 30 oz. Stainless Steel Tumblers
30 Ounce capacity
Stainless steel body
Double wall vacuum insulation maximum temperature retention & insulates hands from the cold.
Keeps cool for up to 24 hours and warm up to 12 hours
18/8 stainless steel construction
Application: Screen Print
Graphics:
Oregon National Guard logo in black (2"x3")
CLIN 0011 6,000 ea. $__________________________ (FFP delivery included)
Item: Carbineer Key Chain
6000 Aluminum carabiners
2000 black, 2000 red and 2000 blue all to include a black strap with a silver key ring.
Carabiner is not intended for climbing purposes
Size: 1-3/4" x 6" x 5/8".
Laser engraved logo on front side of carabiner
Total Price: (CLIN's 1-11) $_______________________ (FFP delivery included)
Delivery:
Product will be delivered to:
ORARNG Recruiting and Retention Center 1776 Militia Way
Salem OR 97309
Requirements for your quote:
Please submit a quote on your company letterhead showing a price per contract line item (CLIN) and place of manufacture of each item with a total price at the bottom. Include the following information on your quote: Cage code, Tax ID number, company name, phone number, contact, and email. Offerors must also submit copies of their Reps and Certs or indicate that they are filled out on SAM.gov. All offerors must submit a Buy American and Small business representation with their quote as well as being Trade American Act (TAA) Compliant.
Evaluation Criteria:
Award will be made to the lowest priced offeror that meets the minimum performance standards and is determined responsible in accordance with FAR Part 9. Vendors must also provide documentation via drawings or pamphlets or provide past jobs that you have performed with the government similar in scope with their quote to be reviewed by a government official to verify technical acceptance before an award can be made. Vendor not providing technical information meeting the specifications can be excluded from award.
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 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements
FAR 52.204-9 Personal Identity Verification of Contractor Personnel
FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
FAR 52.204-14 Service Contract Reporting Requirements
FAR 52.204-16 Commercial and Government Entity Code Reporting
FAR 52.204-18 Commercial and Government Entity Code Maintenance
FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.211-6, Brand Name or Equal (for commodities when purchase description is 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 (if applicable).
FAR 52.219-28, Post Award Small Business Representation (if applicable).
FAR 52.222-3 Convict Labor
FAR 52.222-19 Child Labor- Cooperation with Authorities and Remedies
FAR 52.222-21 Prohibition of Segregated Facilities
FAR 52.222-26 Equal Opportunity
FAR 52.222-36 Equal Opportunity for Workers with Disabilities
FAR 52.222-50 Combating Trafficking in Persons
FAR 52.223-5 Pollution Prevention and Right to Know Information
FAR 52.223-11 Ozone-Depleting Substances and High Global Warning Potential Hydrofluorocarbons
FAR 52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving
FAR 52.225-13, Restrictions on Certain Foreign Purchases.
FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management
FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
DFARS 252.203-7000 Requirements Relating to compensation of Former DoD Officials
DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights
DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials
DFARS 252.204-7011 Alternative Line Item Structure
DFARS 252.204-715 Notice of Authorized Disclosure of Information for Litigation Support
DFARS 252.211-7003, Item Identification and Valuation.
DFARS 252.211-7008 Use of Government Assigned Serial Numbers
DFARS 252.213-7000 Notice to Prospective suppliers on the Use of Past Performance Information Retrieval System-Statistical Reporting in Past Performance Evaluations.
DFARS 252.223-7008 Prohibition of Hexavalent Chromium
DFARS 252-225.7001, BAA - Balance of Payments Program
DFARS 252.225-7002, Qualifying Country Sources as Subcontractors.
DFARS 252.225-7021 Trade Agreements
DFARS 252.225-7031 Secondary Arab Boycott of Israel
DFARS 252.225-7048 Export-Controlled Items
DFARS 252.232-7003, Electronic Submission of Payment Requests.
DFARS 252.232-7010 Levies on Contract Payments
DFARS 252.244-7000 Subcontracts for Commercial Items
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 252.247-7023 Transportation of Supplies by Sea
CLAUSES INCORPORATED BY FULL TEXT
52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)
(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 Government wide 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'', as amended (41 U.S.C. 601-613). 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 or 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, contract 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 contract 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 as 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; and (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 FAR 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; and (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 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 User 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)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JUN 2016)
(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 (Apr 2010) (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 (Mar 2007) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi)
X (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).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(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/
(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 DFARS (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)
252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV
2011)
(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.
(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal
Acquisition Regulation 3.104-2.
(End of provision)
66252.225-7000 BUY AMERICAN--BALANCE OF PAYMENTS PROGRAM CERTIFICATE--BASIC (NOV 2014)
(a) Definitions. Commercially available off-the-shelf (COTS) item, component, domestic end product, foreign end product, qualifying country, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state, South Caucasus/Central and South Asian (SC/CASA) state end product, and United States, as used in this provision, have the meanings given in the Buy American and Balance of Payments Program--Basic clause of this solicitation.
(b) Evaluation. The Government--
(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and
(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.
(c) Certifications and identification of country of origin.
(1) For all line items subject to the Buy American and Balance of Payments Program-- Basic clause of this solicitation, the offeror certifies that--
(i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and
(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.
(2) The offeror certifies that the following end products are qualifying country end products:
___ (Line Item Number Country of Origin)
___ (Country of Origin)
(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'':
(Line Item Number) ___
(Country of Origin (If known)) ___
(End of provision)
Point of Contact: Brian Johnson (503)584-3763
Offerors can submit their quote any time before the due date to: Brian Johnson at brian.m.johnson110.mil@mail.mil. Please verify receipt of your quote.
Brian Johnson, Phone 5035843763, Email brian.m.johnson110.mil@mail.mil
