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Radio, Television and Multimedia Services (Multiple Positions)

Broadcasting Board of Governors, Director, Office of Contracts | Published March 9, 2015  -  Deadline March 27, 2015
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TITLE: Radio, Television and Multimedia Services (Multiple Positions) (i) THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR A COMMERCIAL ITEM 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; PROPOSALS ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. (ii) Solicitation No. BBG45-Q-15-OCB00283 is issued as a Request For Quotation (RFQ) and a contract will be awarded using simplified acquisition procedures in FAR Part 13. (iii) This solicitation document and incorporated provisions and clauses are those in effect from the Federal Acquisition Circular (FAC) 2005-080, dated March 2, 2015 (iv) This is 100% total small business set-aside. The North American Industry Classification Systems (NAICS) code for this acquisition is 711510 with a small business size standard of $29.5M. (v) The contractor shall provide a Firm Fixed Price quotation showing an assignment for a base period of three (3) months and one (1) option period of four (4) months. Multiple awards will be considered for this requirement at the discretion of the Government. (vi) The Broadcasting Board of Governors (BBG), Office of Cuba Broadcasting (OCB) located in Miami, FL anticipates establishing Non-Personal Services Purchase Orders with Independent Contractors for Radio, Television and Multimedia services as described in the attached Statements of Work (SOWs) for Office of Cuba Broadcasting (OCB) in Miami, Florida. Offerors may submit for more than one Statement of Work, however they must submit an individual quote i.e. technical and price for each SOW. The Offerors selected for an award must be able to successfully pass a BBG security investigation. (vii) The period of performance is anticipated to start April 1, 2015 through October 31, 2015. The Contractor shall submit a monthly invoice electronically for services provided the preceding month. (viii) The Federal Acquisition Regulation (FAR) provision FAR 52.212-1 Instruction to Offerors-Commercial Items, applies to this solicitation. FAR provisions and clauses may be obtained from the Internet Web address at: http://acquisition.gov/far/index.html. Interested contractors who are capable of providing these services should submit a proposal identifying capabilities as noted below. The contractor shall demonstrate the ability and experience in providing the required services. Offeror qualifications shall include but not be limited to: 1. Technical Proposal (Resume) that states the Offeror's resume/curriculum vitae that includes work experience, education and specialized training necessary to provide the required services under solicitation. Also, include evidence of the Offeror's pertinent past performance that can be easily and quickly validated by the OCB. Dates (months/years) and locations for all field experience must also be detailed. 2. Contractors shall submit their price quotation for base and option periods on an hourly basis. Work will be on an as-needed basis, subject to availability of FY-2015 funds and mission consideration. INTERESTED OFFERORS RESPONDING TO THIS SOLICITATION SHALL SUBMIT THE FOLLOWING ITEMS TO THE CONTRACTING OFFICER: (1) a Technical Proposal which addresses the technical factors described below in (ix) and (2) and a Price Proposal in accordance with (ix). A copy of FAR 52.212-3 Offeror Representations and Certifications-Commercial Items or a statement that FAR 52.212-3 has been completed in the System for Award Management website. The technical and price proposals must be submitted separately. No price information should be contained within the technical proposal.To ensure consideration for the intended position, please reference the solicitation number on your proposal and the position name on the individual Statement of Work the offeror is responding to. If responding to multiple SOWs, separate proposal packages are required for each SOW offeror is responding to. (ix) The Government will award a Commercial Items, Firm-Fixed-Price, Non-Personal services contract resulting from this RFQ to the responsible offeror whose offer conforming to the RFQ will be most advantageous to the Government, based on technical, past performance, and price in the solicitation. When combined, technical evaluation factors are significantly more important than cost/price. The following factors listed in order of importance shall be addressed in the technical proposals and shall be used to evaluate proposals: 1) Contractor Qualifications - The Offeror shall provide their resume that includes work experience, education and specialized training. The Offeror must be able to demonstrate proficiency in writing and speaking Spanish and English; 2) Past Performance - See attachment A (Past Performance Reference) Pursuant to FAR 15.305(a) (2) (iv), in the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance, and 3) A separate Price Quotation showing a breakdown of the price on an hourly basis. The prices shall be provided in in English and United States dollars. (See attachment B - Example Price Quotation). Price quote for base period shall be the same for each option period. (x) Offerors shall include a completed copy of the provision FAR 52.212-3 Offeror Representations and Certifications-Commercial Items which is completed by registering in the System for Award Management (SAM) Website at: https://www.sam.gov/portal/public/SAM/. Proposals must also include contractor's DUNS Number, prompt payment terms, and correct remittance address, if different from mailing address. OFFERORS MUST BE REGISTERED WITH SAM PRIOR TO CONTRACT AWARD. (xi) The FAR clause 52.212-4 Contract Terms and Conditions-Commercial Items, applies to this acquisition with addendum to the clause. The addendum is as follows: CONTRACTING OFFICER REPRESENTATIVE: The Contracting Officer will appoint by letter a Contracting Officer Representative (COR) who will have the responsibility of ensuring that the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in the letter of authorization or this contract. It is understood and agreed, in particular, that the COR shall not have authority to make changes in the scope or terms and conditions of the contract unless and only to the extent that such authority is specified in the letter of authorization or the contract. THE RESULTANT CONTRACTOR IS HEREBY FOREWARNED THAT, ABSENT THE REQUISITE AUTHORITY OF THE COR TO MAKE ANY SUCH CHANGES, IT MAY BE HELD FULLY RESPONSIBLE FOR ANY CHANGES NOT AUTHORIZED IN ADVANCE, IN WRITING, BY THE CONTRACTING OFFICER, MAY BE DENIED COMPENSATION OR OTHER RELIEF FOR ANY ADDITIONAL WORK PERFORMED THAT IS NOT SO AUTHORIZED, AND MAY ALSO BE REQUIRED, AT NO ADDITIONAL COST TO THE GOVERNMENT, TO TAKE ALL CORRECTIVE ACTION NECESSITATED BY REASON OF THE UNAUTHORIZED CHANGES. (End of Clause) EXERCISING OF OPTIONS UNDER THIS CONTRACT: The Government reserves the right to unilaterally exercise the options. The Parties agree that the Government may partially exercise and fund any options and may do so multiple times up to the point that the option has been fully exercised and funded. The Contractor, however, will not be entitled to any additional compensation beyond that associated with the amount of the option exercise. In the event that BBG does not give written notice to exercise an option, the contract will expire at the end of the existing period of performance (the Base Period or Option Period) as applicable. Additionally, the parties agree that, in the event the BBG decides not to exercise any options, BBG will have no further obligation to the Contractor under this contract other than to pay for services actually rendered by the Contractor to BBG hereunder. (End of Clause) AVAILABILITY OF FUNDS. Funds are not presently available for performance under this contract beyond the Base Period. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the Base Period, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) (xii) FAR clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this solicitation by reference and proposed subsequent contract as well as the following clauses contained within FAR clause 52.212-5: 52.204-10 Reporting Executive compensation and First-Tier Subcontract Awards; 52.219-6 Notice of Total Small Business Set (15 U.S.C. 644); 52.219-8 Utilization of Small Business Concerns; 52.219-28 Post Award Small Business Program Representation; 52.222-3 Convict Labor; 52.222-19 Child Labor-Cooperation with Authorities and Remedies; 52.222-21 Prohibition of Segregated Facilities; 52.222-26 Equal Opportunity (E.O. 11246); 52.222-35 Equal Opportunity for Veterans (38 U.S.C. 4212); 52.222-36 Affirmative Action for Workers with Disabilities (29 U.S.C. 793); 52.222-37 Employment Reports on Veterans (38 U.S.C. 4212); 52.222-40 Notification of Employee Rights Under the National Labor Relations Act; 52.222-50 Combating Trafficking in Persons; 52.223-18 Contractor Policy to Ban Text Messaging with Driving; 52.225-13 Restrictions on Certain Foreign Purchases and 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332) (xiii) Additional FAR provisions and clauses incorporated by reference and applicable to this solicitation and the proposed subsequent contract are: 52.217-8 Option to Extend Services; 52.217-9 Option to Extend the Term of the Contract; 52.237-3 Continuity of Services; 52.232-18 Availability of Funds; and, 52.242-17 Government Delay of Work; 52.243-1 Changes-Fixed Price. (xiv) A Defense Priorities and Allocations System (DPAS) assigned rating is not applicable to this acquisition. (xv) Failure to provide any of the above-required Items may result in the rejection of your proposal. Full text of all FAR clauses and provisions are available electronically at the following Internet address: (http://www.arnet.gov/far). Proposals shall be in writing and must be signed by an official who is authorized to bind the organization. Oral proposals will not be accepted. Questions must be submitted in writing and only via email to Mary Amps at OCBTALENT@BBG.GOV. Written questions must be submitted before 12:00 p.m. Eastern Daylight Time on March 16, 2015. Responses to questions will be posted to FedbizOps by COB on March 20, 2015 ALL TECHNICAL PROPOSALS (resumes), PRICE QUOTES AND PAST PERFORMANCE REFERENCES MUST BE SUBMITTED ELECTRONICALLY TO OCBTALENT@BBG.GOV BEFORE THE CLOSING DEADLINE BELOW to Mary Amps, Contracting Officer, Broadcasting Board of Governors, Office of Cuba Broadcasting. CLOSING DEADLINE is 12 noon, Eastern Standard Time on March 27, 2015 (xvi) Contact: Mary Amps, Contracting Officer, email: OCBTALENT@BBG.GOV. All responsible sources may submit an offer that will be considered by the Agency.

Primestream Premium Annual Support Contract

Broadcasting Board of Governors, Director, Office of Contracts | Published March 5, 2015  -  Deadline March 20, 2015
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The Office of Cuba Broadcasting Administration Office (OCB/A) located in Miami, FL is requesting a quote for a one-year commercial contract for Primestream: Premium Annual Support Contract. This warranty covers Primestream FORK systems, an integral system within TV Marti. It includes software updates, remote support 7 days a week (9:00 am- 23:00 pm) and 24/7 emergency coverage. The term of the proposed contract will be one year. The software license is for use only at the Office of Cuba Broadcasting (OCB) facility in Miami, FL. Any information received from firms interested in responding to this notice must be sufficient in detail. Any questions regarding this Notice shall be in writing and submitted to OCB/A, Raquel Mingo via email at rmingo@bbg.gov. Oral expressions of interest will not be accepted. This public notice is an RFQ.

30 Minute Scrpited Satire

Broadcasting Board of Governors, Director, Office of Contracts | Published October 19, 2015  -  Deadline October 30, 2015
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Title: PURCHASE ORDER NON-PERSONAL SEVICE Synopsis: This solicitation announcement, BBG50-Q-16-1015MD is prepared and posted in accordance with Federal Acquisitions Circular (FAC) 2005-83, Effective 01 Oct 2015. In accordance to FAR Subpart 5.1 is to notify potential Offers for a competitive request for quote, solicitation, issued by the Broadcasting Board of Governors, International Broadcasting Bureau, Voice of America (BBG/IBB/VOA. (i) This is combined synopsis/solicitation for commercial items prepared in accordance with FAR Subpart 12.6 and Subpart 13 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Request For Quotes (herein after (RFQ) are being solicited and written solicitation will not be issued. (ii) This solicitation is issued as a RFQ Under solicitation number FBO NOTICE BBG50-Q-16-1015MD for Non-Personnel Service. The award will be made using Simplified Acquisition Procedures in accordance with FAR Part 13. (iii) This RFQ incorporates provisions and clauses of those in effect through Federal Acquisition Circular 2005-82, Effective 01 Oct 2015. The results of this requirement will be a firm fixed priced (FFP) Purchase Order with a Base Term and option for increased quantity. (iv) This procurement is being issued as a 100% small business set-aside. The North American Industry Classification Systems (NAICS) code for this acquisition is 711510, with a small business size standard of $7.0 M. (v) There will be one Contract Line item (CLIN) for ten (10) episodes in the base period with no guaranteed minimum quantities purchased beyond the Base Period. STATEMENT OF WORK (SOW) The Broadcasting Board of Governors (BBG), an independent federal agency, is a fast-moving, multi-cultural organization that encompasses all U.S. civilian international broadcasting. The BBG is comprised of the Voice of America, which delivers high quality, multimedia programming in 44 languages to audiences worldwide; the Office of Cuba Broadcasting (Radio and TV Marti); the International Broadcasting Bureau, which provides transmission, administrative, and other support service; and three grantee organizations - Radio Free Europe/Radio Liberty; the Middle East Broadcasting Networks (Alhurra TV and Radio Sawa), and Radio Free Asia. The Office of Office of Cuba Broadcasting (OCB) has a requirement for exclusive, non-transferrable license and rights for a Cuban satirical variety & comedy sketch show for inclusion into its programming. The format will be a 30 minute, scripted satire preferably by a team with a demonstrated ability to engage and entertain audiences in Cuba, and a popular following inside the Island. The OCB requirement is for ten (10) shows (one 30-minute show per week for a total of ten (10) weeks). These skits must be able to parody public figures, politicians, government officials, entertainers, as well as recognizable members of Cuban civil society groups who are active in the political and civil sphere and widely known throughout the Island. Each skit should ideally be comprised of three (3) segments with accompanying commercial breaks followed by a formal close. Total running time between 26-30 minutes. These parodies must be uniquely funny, ironic, satirical and entertaining to a wide cross-section of the Cuban population. Specific User Rights sought in order to license content for distribution to Cuba: 1. Satellite rights: i.e., the rights to transmit the program(s) via Agency satellites, as an integral part of the Agency's regular Spanish language programming. 2. Broadcast rights: to deliver the program(s) and the music contained therein (if any) in the following ways: Satellite television and radio, DVD, Internet, and other digital distribution platforms. 3. Reproduction rights: The right to duplicate program(s) solely for the purpose of making Licensee's masters. The Licensee will receive from Vendor/Licensor, broadcast quality master(s), preferably DV25 or DVCAM, with industry standard color bars, 16:9 aspect ratio, split track audio, and countdown. 4. Educational/Screening Rights: The right to conduct non-theatrical, non-commercial video projection screenings of the program(s) before audiences at U.S. government premises. 5. Excerpting Rights: Licensee shall have the right to review each episode upon its receipt, and shall request that Licensor make cuts or edits to the Program content solely for the purposes of either (i) editing any inappropriate content which may be deemed vulgar, indecent, or offensive, or (ii) technical or timing reasons or (iii) in the event that in Licensee's good faith determination, such content may violate the law, or expose Licensee to legal action, which request shall be in writing, shall contain the reason for such requested edits, and shall also contain specific instructions regarding the items to be edited (the "Edit Notes"). In the event that, upon Licensee's such request, Licensor refuses or is unable to make such cuts or edits and return the edited Episode(s) no later than thirty (30) calendar days, The Licensee shall have the right to make such cuts or edits to the Programs, but solely to the extent stated in the Edit Notes. Licensee has the right to create excerpts of program(s) for broadcast, and for promoting and advertising the exhibition of the Programs. Licensor shall edit and provide such excerpts to be used for such purposes. Licensee shall not edit or modify the Programs in any other manner or for any other purpose without first (i) providing Licensor the opportunity to make such edits, or (ii) obtaining Licensor's written consent. 6. Abridgement Rights: Licensee has the right to shorten the program(s) to fit an abbreviated broadcast time slot as per the terms. 7. The right to acquire one copy of the music cue sheets (if any) an/or dialogue script(s), at no additional cost. 8. The Licensee may not sell or provide individual Programs to any source. None of the above-mentioned rights in any way limits or extinguishes the copyright protection of the Licensor 9. The Licensor warrants that it has the authority to grant the Agency the rights as stated above, and that no additional clearances would be required for the Agency described use of the Program(s) 10. All other rights of every kind in and unto the Programs are reserved unto the Licensor except as specifically set forth above. Quote Submission Interested independent Contractor(s)/Vendor(s), who are capable of providing these services, should submit an offer which identifies your capabilities as noted below. The Contractor shall demonstrate the ability and experience in providing the required services. Submit a signed and dated offer to the office specified in this RFQ at or before the exact closing time. At a minimum, offers must include: 1. A cover page that includes the name, physical and email addresses, and telephone number of the Offeror; the RFQ number; DUNS number and Commercial and Government Entity (CAGE) code; or NATO Cage Code (NCAGE) number on your quote; Submittal time which should be before or at the time specified in the RFQ YOU MUST HAVE AN ACTIVE SAM REGISTRATION TO BE CONSIDERED FOR THIS REQUIREMENT UNLESS YOU ARE EXEMPT. If you do not have a DUNS, CAGE, or NCAGE, first register for DUNS at https://iupdate.dnb.com/iUpdate/viewiUpdateHome.htm. Next, register for NCAGE or CAGE at http://www.dis.dia.mil/Forms/Form_AC135asp the instructions for US based organizations will take you tohttps://www.sam.gov/portal/public/SAM). Please select "Emergency" for Block 5 "PRIORITY/PRIORITE"; 2. A DVD or video link with samples of Comedy sketches and/or prior work in scripted satire; 3. Offerors shall limit their response to six (6) or less pages. Pages shall include: a) Technical- (Resume/Curriculum Vitae) no more than two (2) pages. Pertinent past performance in producing scripted satire; b) Past Performance no more than three (3) pages. Should include recent and relevant past experience for the same or similar relevant services and other references with relevant information (i.e. dates, locations, Points of Contact Information, contract numbers, scope of work etc.). c) Pricing on a page by itself no more than one (1) page i. Quote to include the Offeror's proposed firm fixed price for the ten (10) 30-minute shoes to be delivered over a period of ten (10) weeks (one show per week) ii. Price(s) for all of the Contract Line Item Number (CLIN) shall be in the English language and in the United States Dollar (USD) 4. Acknowledgment of receipt of Amendments to Request for Quote (if applicable); 5. Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for one hundred and fifty (150) calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. 6. In the event Offerors did not complete the responsibility and certification portion of the SAM registration they shall include completed copy of the provision at FAR Subpart 52.212-3 (Offeror Representations and Certifications - Commercial Items) with their offer. This provision can be found at the following website https://www.acquisition.gov/Far/; if requested by an Offeror, a copy of FAR subpart 52.212-3 will be provided by the Contracting Officer. All Request For Quotes (RFQ) as well as inquiries should be submitted electronically to Malita Dyson with the referenced solicitation number BBG50-Q-16-1015MD in the subject via e-mail to mdyson@bbg.gov. Please note NO PHONE CALLS WILL BE ACCEPTED. Provisions incorporated by reference: FAR 52.212-1 Instructions to Offerors- Commercial Items (Oct 2015); FAR 52.212-2 Evaluations Commercial Items; FAR 52.212-3 Offeror Representations and Certifications- Commercial Items (Nov 2015) FAR 52.212-4 Contract Terms and Conditions (May 2015) Evaluation Factors Used to determine the competitive ranking of qualified applicants in comparison to other applicants. The factors are listed in priority order from highest to least: Factor #1- Technical ability to include work experience, expertise, education and specialized training Factor #2- Price Factor #3- Past Performance (referred to in references) Basis for Award: The procurement is being conducted under FAR Subpart 13. Best value is defined as the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement, in accordance with FAR 2.101. The Government reserves the right to make a selection based upon the initial quote submissions so the Offeror should submit its best terms in the initial quote. The Government may also determine to make no award. A single vendor/contractor will be selected who is deemed responsible in accordance with FAR 9.104-1 and whose offer provides the Government with a best value solution. All questions regarding this RFQ should be submitted by 26 October 2015, via e-mail and are due by 30 October 2015 Eastern Standard Time (EST) at 2:00 p.m. Responses to questions will be provided no later than 28 October, 2015. Pursuant to FAR 15.305(a) (2) (iv), in the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance, and (x) Offerors shall include a completed copy of the provision FAR 52.212-3 Offeror Representations and Certifications-Commercial Items which is completed by registering in the System for Award Management (SAM) Website at: https://www.sam.gov/portal/public/SAM/. Proposals must also include contractor's DUNS Number, prompt payment terms, and correct remittance address, if different from mailing address. OFFERS MUST BE REGISTERED IN SAM PRIOR TO CONTRACT AWARD. Contracting Office Address: 330 Independence Avenue, S.W. Washington, District of Columbia 20237 United States Place of Performance: Office of Cuba Broadcasting 4201 NW 77th Avenue Miami, FL 33166 United States Primary Point of Contact: Malita Dyson mdyson@bbg.gov Secondary Point of Contact: Herman Shaw hshaw@bbg.gov

OCBSatire

Broadcasting Board of Governors, Director, Office of Contracts | Published August 27, 2015  -  Deadline September 14, 2015
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Title: PURCHASE ORDER NON-PERSONAL SERVICE Synopsis: This solicitation announcement, BBG50-Q-15-826-OCBSatire is prepared and posted in accordance with Federal Acquisition Circular (FAC) 2005-83, Effective 03 Aug 2015. (FAR) Subpart 5.1 to notify potential Offerors for a competitive request for quote solicitation, issued by the Broadcasting Board of Governors, International Broadcasting Bureau (BBG/IBB). (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Subpart 12.6 and Subpart 13 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Request For Quotes (hereinafter RFQ) are being solicited and a written solicitation will not be issued. (ii) This solicitation is issued as a RFQ Under solicitation number FBO NOTICE BBG50-Q-15-826-OCBSatire for Non-Personnel Service. The award will be made using Simplified Acquisition Procedures in accordance with FAR Part 13. (iii) This RFQ incorporates provisions and clauses of those in effect through Federal Acquisition Circular 2005-82, Effective 07 May 2015. The results of this requirement will be a firm fixed priced (FFP) Purchase Order with a Base Term and option for increased quantity. (iv) This procurement is being issued as a 100% small business set-aside. The North American Industry Classification Systems (NAICS) code for this acquisition is 711510, with a small business size standard of $7.0 M. (v). There will be one Contract Line item (CLIN) for ten(10)episodes in the base period with no guaranteed minimum quantities purchased beyond the Base Period. STATEMENT OF WORK (SOW) The Broadcasting Board of Governors (BBG), an independent federal agency, is a fast-moving, multi-cultural organization that encompasses all U.S. civilian international broadcasting. The BBG is comprised of the Voice of America, which delivers high quality, multimedia programming in 44 languages to audiences worldwide; the Office of Cuba Broadcasting (Radio and TV Marti); the International Broadcasting Bureau, which provides transmission, administrative, and other support service; and three grantee organizations - Radio Free Europe/Radio Liberty; the Middle East Broadcasting Networks (Alhurra TV and Radio Sawa), and Radio Free Asia. The Office of Office of Cuba Broadcasting (OCB) has a requirement for exclusive, non-transferrable license and rights for a Cuban satirical variety & comedy sketch show for inclusion into its programming. The format will be a 30 minute, scripted satire preferably by a team with a demonstrated ability to engage and entertain audiences in Cuba, and a popular following inside the Island. The OCB requirement is for ten shows (one 30 minute show per week for a total of ten weeks). These skits must be able to parody public figures, politicians, government officials, entertainers, as well as recognizable members of Cuban civil society groups who are active in the political and civil sphere and widely known throughout the Island. Each skit should ideally be comprised of 3 segments with accompanying commercial breaks followed by a formal close. Total running time between 26-30 minutes. These parodies must be uniquely funny, ironic, satirical and entertaining to a wide cross-section of the Cuban population. Specific User Rights sought in order to license content for distribution to Cuba: 1. Satellite rights: i.e., the rights to transmit the program(s) via Agency satellites, as an integral part of the Agency's regular Spanish language programming. 2. Broadcast rights: to deliver the program(s) and the music contained therein (if any) in the following ways: Satellite television and radio, DVD, Internet, and other digital distribution platforms. 3. Reproduction rights: The right to duplicate program(s) solely for the purpose of making Licensee's masters. The Licensee will receive from Vendor/Licensor, broadcast quality master(s), preferably DV25 or DVCAM, with industry standard color bars, 16:9 aspect ratio, split track audio, and countdown. 4. Educational/Screening Rights: The right to conduct non-theatrical, non-commercial video projection screenings of the program(s) before audiences at U.S. government premises. 5. Excerpting Rights: Licensee shall have the right to review each episode upon its receipt, and shall request that Licensor make cuts or edits to the Program content solely for the purposes of either (i) editing any inappropriate content which may be deemed vulgar, indecent, or offensive, or (ii) technical or timing reasons or (iii) in the event that in Licensee's good faith determination, such content may violate the law, or expose Licensee to legal action, which request shall be in writing, shall contain the reason for such requested edits, and shall also contain specific instructions regarding the items to be edited (the "Edit Notes"). In the event that, upon Licensee's such request, Licensor refuses or is unable to make such cuts or edits and return the edited Episode(s) no later than thirty (30) calendar days, The Licensee shall have the right to make such cuts or edits to the Programs, but solely to the extent stated in the Edit Notes. Licensee has the right to create excerpts of program(s) for broadcast, and for promoting and advertising the exhibition of the Programs. Licensor shall edit and provide such excerpts to be used for such purposes. Licensee shall not edit or modify the Programs in any other manner or for any other purpose without first (i) providing Licensor the opportunity to make such edits, or (ii) obtaining Licensor's written consent. 6. Abridgement Rights: Licensee has the right to shorten the program(s) to fit an abbreviated broadcast time slot as per the terms. 7. The right to acquire one copy of the music cue sheets (if any) an/or dialogue script(s), at no additional cost. 8. The Licensee may not sell or provide individual Programs to any source. None of the above-mentioned rights in any way limits or extinguishes the copyright protection of the Licensor 9. The Licensor warrants that it has the authority to grant the Agency the rights as stated above, and that no additional clearances would be required for the Agency described use of the Program(s) 10. All other rights of every kind in and unto the Programs are reserved unto the Licensor except as specifically set forth above. (xv) Quote Submission: Interested independent Contractor(s)/Vendor(s), who are capable of providing these services, should submit an offer which identifies your capabilities as noted below. The Contractor shall demonstrate the ability and experience in providing the required services. •(a) Submission of offer: Submit a signed and dated offer to the office specified in this RFQ at or before the exact closing time. At a minimum, offers must include: (1) A cover page that includes the name, physical and email addresses, and telephone number of the Offeror; the RFQ number; DUNS number and Commercial and Government Entity (CAGE) code; or NATO Cage Code (NCAGE) number on your quote; Submittal time which should be before or at the time specified in the RFQ YOU MUST HAVE AN ACTIVE SAM REGISTRATION TO BE CONSIDERED FOR THIS REQUIREMENT UNLESS YOU ARE EXEMPT. If you do not have a DUNS, CAGE, or NCAGE, first register for DUNS at https://iupdate.dnb.com/iUpdate/viewiUpdateHome.htm. Next, register for NCAGE or CAGE at http://www.dis.dia.mil/Forms/Form_AC135asp the instructions for US based organizations will take you tohttps://www.sam.gov/portal/public/SAM). Please select "Emergency" for Block 5 "PRIORITY/PRIORITE"; (2) A DVD or video link with samples of Comedy sketches and/or prior work in scripted satire (3) Offerors shall limit their response to six (6) or less pages. Pages shall include: •(a)Technical: (Resume/Curriculum Vitae) no more than two (2) pages •1. Should evidence the Offeror's pertinent past performance in producing scripted satire (b) Past Performance no more than three (3) pages. 1. Should include recent and relevant past experience for the same or similar relevant services and other references with relevant information (i.e. dates, locations, Points of Contact information, contract numbers, scope of work etc.) to make any inquiry/validation a quick and easy process. (c) Pricing on a page by itself no more than one (1) page •1. Quote that states the Offerors's proposed fixed price for ten 30 minute shows to be delivered over a period of ten weeks (one show per week). •2. Price(s) for all of the Contract Line Item Number (CLIN) shall be in the English language and in United States Dollars (USD) All Requests for Quote as well as inquiries should be sent electronically, to Malita Dyson mdyson@bbg.gov NO PHONE CALLS WILL BE ACCEPTED (4) Prices for listed CLIN(s) shall be in the English language and in USD. (5) Acknowledgment of receipt of Amendments to Request for Quote (if applicable); (6) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for one hundred and fifty (150) calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (7) In the event Offerors did not complete the responsibility and certification portion of the SAM registration they shall include completed copy of the provision at FAR Subpart 52.212-3 (Offeror Representations and Certifications - Commercial Items) with their offer. This provision can be found at the following website https://www.acquisition.gov/Far/; if requested by an Offeror, a copy of FAR subpart 52.212-3 will be provided by the Contracting Officer. 52.212-2 Evaluation - Commercial Items, (ix) Evaluation - Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforms to the RFQ and will be most advantageous to the Government. Price and other factors are also considered. The following factors shall be used to evaluate offers: EVALUATION FACTORS: (Evaluation Factors are used to determine the competitive ranking of qualified Offerors in comparison to other Offerors. The factors are listed in priority order from highest to lowest). The Government will award a Commercial Items, Firm-Fixed-Price, Non-Personal services Purchase Order with Option for increased quantity (subject to the availability of funds) resulting from this RFQ to the responsible Offeror whose offer conforming to the RFQ will be most advantageous to the Government, based on : The evaluation factors that will be used to determine award will be (1) technical capability, to include a resume that meets the qualifications listed in the Statement of Work (SOW) Requirements paragraph with experience producing scripted satire, and preferably reflecting a demonstrated ability to engage and entertain audiences in Cuba, and with a popular following inside the Island; and a DVD or video link with samples of comedy sketches/shows. (2) Past performance, and (3) price. For past performance Vendors shall provide information demonstrating their experience providing the same or similar relevant services within the past three years. The Government reserves the right to obtain and use past performance information from sources other than those listed in the quote, to include prior dealing with the government and personal knowledge of the company. All evaluation factors other than price, when combined, will be evaluated as significantly more important than price. Basis for Award: The procurement is being conducted under FAR Subpart 13. Best value is defined as the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement, in accordance with FAR 2.101. The Government reserves the right to make a selection based upon the initial quote submissions so the Offeror should submit its best terms in the initial quote. The Government may also determine to make no award. A single vendor/contractor will be selected who is deemed responsible in accordance with FAR 9.104-1 and whose offer provides the Government with a best value solution. All questions regarding this RFQ should be submitted by email to 8 September 2015, and are due by 14 September 2015 Eastern Standard Time (EST) at 3:00 p.m. Responses to questions will be provided no later than 10 September, 2015. Pursuant to FAR 15.305(a) (2) (iv), in the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance, and (x) Offerors shall include a completed copy of the provision FAR 52.212-3 Offeror Representations and Certifications-Commercial Items which is completed by registering in the System for Award Management (SAM) Website at: https://www.sam.gov/portal/public/SAM/. Proposals must also include contractor's DUNS Number, prompt payment terms, and correct remittance address, if different from mailing address. OFFERORS MUST BE REGISTERED WITH SAM PRIOR TO CONTRACT AWARD.

30 Minute Scripted Satire

Broadcasting Board of Governors, Director, Office of Contracts | Published October 20, 2015  -  Deadline October 30, 2015
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Title: PURCHASE ORDER NON-PERSONAL SEVICE Synopsis: This solicitation announcement, BBG50-Q-16-1015MD is prepared and posted in accordance with Federal Acquisitions Circular (FAC) 2005-83, Effective 01 Oct 2015.  In accordance to FAR Subpart 5.1 is to notify potential Offers for a competitive request for quote, solicitation, issued by the Broadcasting Board of Governors, International Broadcasting Bureau, Voice of America (BBG/IBB/VOA. (i)              This is combined synopsis/solicitation for commercial items prepared in accordance with FAR Subpart 12.6 and Subpart 13 as supplemented with additional information included in this notice.  This announcement constitutes the only solicitation; Request For Quotes (herein after (RFQ) are being solicited and written solicitation will not be issued. (ii)             This solicitation is issued as a RFQ Under solicitation number FBO NOTICE BBG50-Q-16-1015MD for Non-Personnel Service. The award will be made using Simplified Acquisition Procedures in accordance with FAR Part 13. (iii)            This RFQ incorporates provisions and clauses of those in effect through Federal Acquisition Circular 2005-82, Effective 01 Oct 2015. The results of this requirement will be a firm fixed priced (FFP) Purchase Order with a Base Term and option for increased quantity. (iv)           This procurement is being issued as a 100% small business set-aside. The North American Industry Classification Systems (NAICS) code for this acquisition is 711510, with a small business size standard of $7.0 M. (v)            There will be one Contract Line item (CLIN) for ten (10) episodes in the base period with no guaranteed minimum quantities purchased beyond the Base Period.   STATEMENT OF WORK (SOW) The Broadcasting Board of Governors (BBG), an independent federal agency, is a fast-moving, multi-cultural organization that encompasses all U.S. civilian international broadcasting. The BBG is comprised of the Voice of America, which delivers high quality, multimedia programming in 44 languages to audiences worldwide; the Office of Cuba Broadcasting (Radio and TV Marti); the International Broadcasting Bureau, which provides transmission, administrative, and other support service; and three grantee organizations - Radio Free Europe/Radio Liberty; the Middle East Broadcasting Networks (Alhurra TV and Radio Sawa), and Radio Free Asia. The Office of Office of Cuba Broadcasting (OCB) has a requirement for exclusive, non-transferrable license and rights for a Cuban satirical variety and comedy sketch show for inclusion into its programming.  The format will be a 30 minute, scripted satire produced by a team with a demonstrated ability to engage and entertain audiences in Cuba.  The show will provide some lighter fare to go along with the news and information relevant to Cuban’s daily lives provided by the Marti’s in their regular programming.     These comedic skits must be able to parody events in the daily lives of Cubans on the Island, and will use humor to entertain, engage, educate and enlighten audiences in Cuba. The show will ideally be 3 segments with accompanying commercial breaks followed by a formal close with a total running time between 26 and 30 minutes.  It should also be easily transferrable to online and mobile platforms so fans can consume content in ‘snackable’ short form segments.  The OCB requirement is for ten shows (one 30 minute show per week for a total of ten weeks).   OCB is seeking parodies that will be uniquely funny, ironic, satirical and entertaining to a wide cross-section of the Cuban population. Specific User Rights sought in order to license content for distribution to Cuba: 1.  Satellite rights: i.e., the rights to transmit the program(s) via Agency satellites, as an integral part of the Agency's regular Spanish language programming. 2.  Broadcast rights: to deliver the program(s) and the music contained therein (if any) in the following ways: Satellite television, DVD, Internet, and other digital distribution platforms. 3.  Reproduction rights: The right to duplicate program(s) solely for the purpose of making Licensee's masters. The Licensee will receive from Vendor/Licensor, broadcast quality master(s), preferably DV25 or DVCAM, with industry standard color bars, 16:9 aspect ratio, split track audio, and countdown. 4.  Educational/Screening Rights: The right to conduct non-theatrical, non-commercial video projection screenings of the program(s) before audiences at U.S. government premises. 5.  Excerpting Rights:  Licensee shall have the right to review each episode upon its receipt, and shall request that Licensor make cuts or edits to the Program content solely for the purposes of either (i) editing any inappropriate content which may be deemed vulgar, indecent, or offensive, or (ii) technical or timing reasons or (iii) in the event that in Licensee's good faith determination, such content may violate the law, or expose Licensee to legal action, which request shall be in writing, shall contain the reason for such requested edits, and shall also contain specific instructions regarding the items to be edited (the "Edit Notes").  In the event that, upon Licensee's such request, Licensor refuses or is unable to make such cuts or edits and return the edited Episode(s) no later than thirty (30) calendar days, The Licensee shall have the right to make such cuts or edits to the Programs, but solely to the extent stated in the Edit Notes.  Licensee has the right to create excerpts of program(s) for broadcast, and for promoting and advertising the exhibition of the Programs. Licensor shall edit and provide such excerpts to be used for such purposes.  Licensee shall not edit or modify the Programs in any other manner or for any other purpose without first (i) providing Licensor the opportunity to make such edits, or (ii) obtaining Licensor's written consent. 6.  Abridgement Rights: Licensee has the right to shorten the program(s) to fit an abbreviated broadcast time slot as per the terms. 7.  The right to acquire one copy of the music cue sheets (if any) an/or dialogue script(s), at no additional cost. 8.  The Licensee may not sell or provide individual Programs to any source.  None of the above-mentioned rights in any way limits or extinguishes the copyright protection of the Licensor 9.  The Licensor warrants that it has the authority to grant the Agency the rights as stated above, and that no additional clearances would be required for the Agency described use of the Program(s) 10.  All other rights of every kind in and unto the Programs are reserved unto the Licensor except as specifically set forth above.   Quote Submission Interested independent Contractor(s)/Vendor(s), who are capable of providing these services, should submit an offer which identifies your capabilities as noted below. The Contractor shall demonstrate the ability and experience in providing the required services.  Submit a signed and dated offer to the office specified in this RFQ at or before the exact closing time. At a minimum, offers must include: 1.     A cover page that includes the name, physical and email addresses, and telephone number of the Offeror; the RFQ number; DUNS number and Commercial and Government Entity (CAGE) code; or NATO Cage Code (NCAGE) number on your quote; Submittal time which should be before or at the time specified in the RFQ YOU MUST HAVE AN ACTIVE SAM REGISTRATION TO BE CONSIDERED FOR THIS REQUIREMENT UNLESS YOU ARE EXEMPT.  If you do not have a DUNS, CAGE, or NCAGE, first register for DUNS at https://iupdate.dnb.com/iUpdate/viewiUpdateHome.htm. Next, register for NCAGE or CAGE at http://www.dis.dia.mil/Forms/Form_AC135asp the instructions for US based organizations will take you tohttps://www.sam.gov/portal/public/SAM). Please select "Emergency" for Block 5 "PRIORITY/PRIORITE"; 2.     A DVD or video link with samples of Comedy sketches and/or prior work in scripted satire; 3.     Offerors shall limit their response to six (6) or less pages. Pages shall include: a)    Technical- (Resume/Curriculum Vitae) no more than two (2) pages. Pertinent past performance in producing scripted satire; b)    Past Performance no more than three (3) pages.  Should include recent and relevant past experience for the same or similar relevant services and other references with relevant information (i.e. dates, locations, Points of Contact Information, contract numbers, scope of work etc.). c)     Pricing on a page by itself no more than one (1) page                                                i.          Quote to include the Offeror’s proposed firm fixed price for the ten (10) 30-minute shoes to be delivered over a period of ten (10) weeks (one show per week)                                               ii.          Price(s) for all of the Contract Line Item Number (CLIN) shall be in the English language and in the United States Dollar (USD) 4.     Acknowledgment of receipt of Amendments to Request for Quote (if applicable); 5.     Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for one hundred and fifty (150) calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. 6.     In the event Offerors did not complete the responsibility and certification portion of the SAM registration they shall include completed copy of the provision at FAR Subpart 52.212-3 (Offeror Representations and Certifications - Commercial Items) with their offer. This provision can be found at the following website https://www.acquisition.gov/Far/; if requested by an Offeror, a copy of FAR subpart 52.212-3 will be provided by the Contracting Officer. All Request For Quotes (RFQ) as well as inquiries should be submitted electronically to Malita Dyson with the referenced solicitation number BBG50-Q-16-1015MD in the subject via e-mail to mdyson@bbg.gov.  Please note NO PHONE CALLS WILL BE ACCEPTED.   Provisions incorporated by reference: FAR 52.212-1 Instructions to Offerors- Commercial Items (Oct 2015); FAR 52.212-2 Evaluations Commercial Items; FAR 52.212-3 Offeror Representations and Certifications- Commercial Items (Nov 2015) FAR 52.212-4 Contract Terms and Conditions (May 2015)   Evaluation Factors Used to determine the competitive ranking of qualified applicants in comparison to other applicants. The factors are listed in priority order from highest to least: Factor #1- Technical ability to include work experience, expertise, education and specialized training Factor #2- Price Factor #3- Past Performance (referred to in references)   Basis for Award: The procurement is being conducted under FAR Subpart 13. Best value is defined as the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement, in accordance with FAR 2.101. The Government reserves the right to make a selection based upon the initial quote submissions so the Offeror should submit its best terms in the initial quote. The Government may also determine to make no award. A single vendor/contractor will be selected who is deemed responsible in accordance with FAR 9.104-1 and whose offer provides the Government with a best value solution. All questions regarding this RFQ should be submitted by 26 October 2015, via e-mail and are due by 30 October 2015 Eastern Standard Time (EST) at 2:00 p.m. Responses to questions will be provided no later than 28 October, 2015. Pursuant to FAR 15.305(a) (2) (iv), in the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance, and (x) Offerors shall include a completed copy of the provision FAR 52.212-3 Offeror Representations and Certifications-Commercial Items which is completed by registering in the System for Award Management (SAM) Website at: https://www.sam.gov/portal/public/SAM/. Proposals must also include contractor's DUNS Number, prompt payment terms, and correct remittance address, if different from mailing address. OFFERS MUST BE REGISTERED IN SAM PRIOR TO CONTRACT AWARD. Contracting Office Address: 330 Independence Avenue, S.W. Washington, District of Columbia 20237 United States   Place of Performance: Office of Cuba Broadcasting 4201 NW 77th Avenue Miami, FL 33166 United States   Primary Point of Contact:                              Secondary Point of Contact: Malita Dyson                                                   Herman Shaw Contracting Officer                                          Contracting Officer mdyson@bbg.gov                                           hshaw@bbg.gov  

Janitorial

Department of Agriculture, Agricultural Research Service | Published September 18, 2015
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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. Solicitation number AG-4225-ARS28 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83. The associated NAICS code is 561720 (Janitorial Services), with a small business size standard of $18,000,000.00 This acquisition is for the following item as identified in the Contract Line Item Number (CLIN): 01) Janitorial Service October 1, 2015- September 30, 2016 Technical Specifications: See attached Statement of Work The USDA, ARS SHRS is located at 13601 Old Cutler Road, Miami, Florida 33158. The Contractor, in accordance with the requirements of this Statement of Work (SOW), shall perform the services identified. Such services shall include the providing of all labor and supervision necessary for performance of the work specified herein. The Government has made an effort to provide an estimated square footages. It is the responsibility of all prospective quoters to visit the site and make appropriate determinations of size of areas and service required within each area. A site visit is scheduled for 9/21/2015 at 12:00p.m. Eastern Time at the site where service shall be provided, USDA, ARS Subtropical Horticulture Research Station. Quoters are advised to visit the site and fully inform themselves as to the location of the work, verify areas to be cleaned and the conditions under which the work is to be performed prior to submitting a quotation. Failure to do so will not relieve the successful quote of their responsibility under the resulting contract. For Directions to site please contact David Alexander, Administrated Officer (AO) at (786) 573-7059 or e-mail at David.Alexander@ars.usda.gov See Attached Statement of Work Time and Performance: From October 1, 2015- September 30, 2016 The contractor shall, in accordance with the frequencies delineated in the perform Janitorial Service for the USDA, ARS, Subtropical Horticulture Research Station in Miami, Florida. Such services shall be performed between the hours of 8:00 a.m. - 4:30 p.m. (except as needed), excluding Federal holidays. Services falling on a federal holiday will be made up the following week unless other arrangements are made. Reports: Reports will be submitted electronically. The Contractor shall provide all items F.O.B. destination. Location of the Government site is: USDA ARS Subtropical Horticulture Research Station 13601 Old Cutler Road Miami, Florida 33158 INSPECTION AND ACCEPTANCE TERMS: Services will be inspected by Contracting Officer Representative and accepted at destination. The Government anticipates award of a Firm Fixed Price contract. FAR 52.212-1 is applicable. Quoters responding to this announcement shall submit their quote in accordance with FAR 52.212-1. Submission of quote shall include the following: (1) Technical Specifications and (2) Price. FAR 52.212-2 and addenda are applicable. The basis for award is Lowest Price Technically Acceptable (LPTA). "LPTA" means the expected outcome of the acquisition that, results from selection of the technically acceptable proposal with the lowest evaluated price. Pursuant to FAR 52.212-2, the criteria for evaluation are: (1) Technical Specifications, and (2) Price (to include shipping and the option). ADDENDA TO FAR CLAUSE 52.212-2 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of these clauses may be accessed electronically at this address: http://www.arnet.gov/far/ and AGAR Clauses at http://www.usda.gov/procurement/policy/agar.html NUMBER TEXT DATE 52.217-5 EVALUATION OF OPTIONS JUL 1990 FAR 52.212-4 is applicable. FAR 52.212-5 and addenda are applicable. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAY 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Oct 2014) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). X (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (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. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (44) 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). ___ (45) 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). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (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 (Apr 2015) (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) ____ (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 2014) (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. ADDENDA TO FAR CLAUSE 52.212-5 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of these clauses may be accessed electronically at this address: http://www.arnet.gov/far/ and AGAR Clauses at http://www.usda.gov/procurement/policy/agar.html NUMBER TEXT DATE 52.204-7 SYSTEM FOR AWARD MANAGEMENT JUL 2013 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE JUL 2013 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013 52.233-1 DISPUTES JUL 2002 52.242-15 STOP-WORK ORDER AUG 1989 52.242-17 GOVERNMENT DELAY OF WORK APR 1984 52.247-34 F.O.B. - DESTINATION NOV 1991 (End of Clause) To be eligible for an award, all contractors must be registered and enrolled in the System for Award Management (SAM) at the time of solicitation due date. This process can take 2 to 4 weeks. A contractor can contact SAM by calling 1-866-606-8220 or e-mail at www.sam.gov. NO EXCEPTIONS. A DUNS (Dun and Bradstreet) number is required in order to register. All invoices shall be submitted electronically. Quotes must be received no later than Thursday 09/24/2015 by 4:30 P.M. electronically to my email. Selby.artis@ars.usda.gov

HACU 29th Annual Conference

Department of Homeland Security, United States Coast Guard (USCG) | Published July 30, 2015  -  Deadline August 6, 2015
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i) 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; proposals are being requested and a written solicitation will not be issued. This contract action is for services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 13.106-1(b) (SAP). ii) Solicitation number HSCG23-15-Q-PE027 is issued as a request for quotation (RFQ). iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-32. iv) The Department of Homeland Security, U. S. Coast Guard intends to award a sole source firm fixed price contract to Hispanic Association of Colleges and Universities (HACU), 8415 Datapoint Dr., Ste 400 San Antonio, TX 78229-3298 for the HACU 29th Annual Conference scheduled for October 10, 2015 - October 12, 2015 in Miami, FL. The associated NAICS code is 561920 (Convention and Trade Show Organizers) and the small business size standard of $11million. v) Description Quantity Unit 0001 Gold Level: • Recognition of sponsorship during the Networking Dinner on October 12, 2015 to include a 3-5 minute speaking opportunity on behalf of USCG, signage at the event and a reserved table with priority placement. • Reserved table for USCG during the Power & Partnership Luncheons. • One full-page color advertisement in the Conference Program. • One 75 minute concurrent session during Student Track. Our Student Services team will contact USCG under separate e-mail to discuss the topic and logistics for your session. • Two 8x10 Exhibit Booths with priority placement in Exhibit Hall. Each booth comes with one exhibitor registration. • Eight full conference registrations to attend the 29th Annual Conference. • Recognition of sponsorship, to include logo placement in conference materials, publications, and on HACU's "featured sponsors" website for the Annual Conference. 1 JB Additional Items • Invitation for U.S. Coast Guard to participate as a Panelist on the Federal Opportunities Panel during Student Track. This session will provide USCG with 2-3 minute speaking opportunity to share career options available. • U.S. Coast Guard will receive a CD of all the Student Track participant resumes. • U.S. Coast Guard will receive up to four (4) invitations to attend the HACU VIP President's Reception. This reception is by invitation only. Please submit the names and contact information for the four (4) individuals who will attend the VIP Reception by August 3, 2015 vi) This contract will provide five (8) full conference registrations, one (2) 8x10 career fair exhibit booth, company profile posted to the CCG job board, recognition of sponsorship, logo placement in conference material, publications, and on HACU's featured sponsors website for the Annual Conference, one (1) 75-minute concurrent session during Student Track/ full page advertisement in Conference program. Additional items included. vii) HACU 29th Annual Conference scheduled for October 10, 2015 - October 12, 2015 at Fontainebleau Miami Beach Hotel, Miami Beach, FL. viii) 52.212-1, Instructions to Offerors - Commercial. Addendum to FAR 52.212-1 is as follows: Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number and 6) Pricing and verification that the offeror can meet the requirement. ix) 52.212-2 Evaluation--Commercial Items (Oct 2014) 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, price and other factors considered. The following factors shall be used to evaluate offers: Technical acceptance and price. Evaluation criteria are technical acceptability and overall lowest cost. It is critical that offerors provide adequate detail to allow evaluation of their offer. The following provisions apply to this acquisition: x) 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer. xi) 52.212-4, Contract Terms and Conditions -- Commercial Items. 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 Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, 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 at fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. Addendum to FAR 52.212-4. Any addendum to FAR 52.212-4 should be clearly labeled as such and shall include the following information, as appropriate: (i) If the contracting officer tailors FAR 52.212-4 in accordance with FAR 12.302, the tailored parts of the clause shall be stated in the addendum. (ii) If the contracting officer specifies commercial contract financing terms, the information required by FAR 32.206(b)(1) shall be included in the addendum. (iii) When cost information will be obtained pursuant to FAR part 15 to establish the reasonableness of prices for commercial items, the contracting officer shall insert the clauses prescribed for this purpose in the addendum. (iv) The contracting officer may include in solicitations and contracts by addendum to FAR 52.212-4 other FAR clauses when their use is consistent with the limitations contained in FAR 12.302. For example: (A) The contracting officer may include appropriate clauses when an indefinite-delivery type of contract will be used. The clauses prescribed at FAR 16.506 may be used for this purpose. (B) The contracting officer may include appropriate clauses when the use of options is in the Government's interest. The clauses prescribed in FAR 17.208 may be used for this purpose. (C) The contracting officer may use the provisions and clauses contained in FAR Part 23 regarding the use of products containing recovered materials and biobased products when appropriate for the item being acquired. (v) The contracting officer shall insert the clause at 52.245-1, Government Property (Apr 2012), in contracts or modifications awarded under FAR Part 12 procedures where Government property that exceeds the simplified acquisition threshold, as defined in FAR 2.101, is furnished or where the contractor is directed to acquire property for use under the contract that is titled in the Government. The contracting officer shall use the clause with its Alternate I in contracts other than time-and-materials, labor-hour, and negotiated fixed-price contracts. Purchase orders for property repair need not include a Government property clause when the acquisition cost of Government property to be repaired does not exceed the simplified acquisition threshold, unless other Government property (not for repair) is provided. (vi) The contracting officer shall insert the clause at 52.245-9, Use and Charges, in solicitations and contracts when the clause at 52.245-1 is included. xii) 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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 (Aug 2013) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Oct 2014) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). ___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). ___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). ___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. ___ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (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. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (44) 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). ___ (45) 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). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ___ (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) __X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). _X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (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 (Apr 2015) (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) ____ (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 2014) (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. FAR 52.204-7 System for Award Management (Contractor must be registered prior to receiving any award (https://www.sam.gov) xiii) 52.213-1 Fast Payment Procedure Fast Payment Procedure (May 2006) (a) General. The Government will pay invoices based on the Contractor's delivery to a post office or common carrier (or, if shipped by other means, to the point of first receipt by the Government). (b) Responsibility for supplies. (1) Title to the supplies passes to the Government upon delivery to -- (i) A post office or common carrier for shipment to the specific destination; or (ii) The point of first receipt by the Government, if shipment is by means other than Postal Service or common carrier. (2) Notwithstanding any other provision of the contract, order, or blanket purchase agreement, the Contractor shall -- (i) Assume all responsibility and risk of loss for supplies not received at destination, damaged in transit, or not conforming to purchase requirements; and (ii) Replace, repair, or correct those supplies promptly at the Contractor's expense, if instructed to do so by the Contracting Officer within 180 days from the date title to the supplies vests in the Government. (c) Preparation of invoice. (1) Upon delivery to a post office or common carrier (or, if shipped by other means, the point of first receipt by the Government), the Contractor shall -- (i) Prepare an invoice as provided in this contract, order, or blanket purchase agreement; and (ii) Display prominently on the invoice "Fast Pay." Invoices not prominently marked "FAST PAY" via manual or electronic means may be accepted by the payment office for fast payment. If the payment office declines to make fast payment, the Contractor shall be paid in accordance with procedures applicable to invoices to which the Fast Payment clause does not apply. (2) If the purchase price excludes the cost of transportation, the Contractor shall enter the prepaid shipping cost on the invoice as a separate item. The Contractor shall not include the cost of parcel post insurance. If transportation charges are stated separately on the invoice, the Contractor shall retain related paid freight bills or other transportation billings paid separately for a period of 3 years and shall furnish the bills to the Government upon request. (3) If this contract, order, or blanket purchase agreement requires the preparation of a receiving report, the Contractor shall either- (i) Submit the receiving report on the prescribed form with the invoice; or (ii) Include the following information on the invoice: (A) Shipment number. (B) Mode of shipment. (C) At line item level- (1) National stock number and/or manufacturer's part number; (2) Unit of measure; (3) Ship-To Point; (4) Mark-For Point, if in the contract; and (5) FEDSTRIP/MILSTRIP document number, if in the contract. (4) If this contract, order, or blanket purchase agreement does not require preparation of a receiving report on a prescribed form, the Contractor shall include on the invoice the following information at the line item level, in addition to that required in paragraph (c)(1) of this clause: (i) Ship-To Point. (ii) Mark-For Point. (iii) FEDSTRIP/MILSTRIP document number, if in the contract. (5) Where a receiving report is not required, the Contractor shall include a copy of the invoice in each shipment. (d) Certification of invoice. The Contractor certifies by submitting an invoice to the Government that the supplies being billed to the Government have been shipped or delivered in accordance with shipping instructions issued by the ordering officer, in the quantities shown on the invoice, and that the supplies are in the quantity and of the quality designated by the contract, order, or blanket purchase agreement. (e) Fast pay container identification. The Contractor shall mark all outer shipping containers "Fast Pay." When outer shipping containers are not marked "FAST PAY," the payment office may make fast payment. If the payment office declines to make fast payment, the Contractor shall be paid in accordance with procedures applicable to invoices to which the Fast Payment clause does not apply. (End of Clause)

67--Corneal Topography Cameras

Department of Veterans Affairs, West Palm Beach VAMC | Published July 23, 2016  -  Deadline August 5, 2016
cpvs

(i) 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 Department of Veterans Affairs, Miami Florida, station 546 has a need to procure Corneal Topography Cameras. (ii) The combined synopsis solicitation number and the Request for Quote number is VA248-16-Q-1141. (iii) This combined synopsis solicitation RFQ and the provisions and clauses incorporated are those in effect through Federal Acquisition Circular 2005-88_6-15-16 as of (6-23-2016). (iv) The combined synopsis solicitation is set aside to all small businesses. The NAICS is 333314. Business size standard is 500 employees. Note, Interested Service Disabled/Veteran Owned Small Business [SDVOSB/VOSB] Offerors must be listed and registered in Vetbiz.gov to be considered for Award. (v) This combined synopsis solicitation is for the purchase of Corneal Topography Cameras in accordance with the Brand Name or Equal listed. Request Brand Name or Equal to meet the following: Oculus Pentacam HR part number (70925). Includes: Pentacam Scheimpflug Camera, and Dicomfor Pentacam. Any "or equal" response shall identify manufacturer and include parts list, along with details on how such item(s) match or exceed the salient characteristics. PENTACAM HR Part Number (70925) - 1 each. DICOM for PENTACAM Part Number (70718) - 1 each. (vi) SALIENT CHARACTERISTIC: Camera XYZ moveable base, Hean and Chin rest, windows software, power supply, USB cable, dust cover, wooden design table, 21.5 imac, wireless mouse, mini-keyboard and floating license key. Camera: o Digital CCD camera The image sensor employed by most digital cameras is a charge coupled device (CCD). Light Source: o Blue LEDs (475nm UV free) The blue LED light (475 nm) is used as a slit light source to obtain 25 to 50 cross-sectional. Processor: o DSP with 400 mil. Operations The DSP is a digital signal processor (DSP) is a specialized microprocessor (or a SIP block), with its architecture optimized for the operational needs of digital signal processing. The goal of DSPs is usually to measure, filter and/or compress continuous real-world analog signals. Speed: o 100 images in 2 seconds Dimensions: o 535?x 2 80 x 36 0 mm Weight: o 9Kg PC minimum requirements: o 1.5 GHz, Windows® XP, 2 GB RAM, VGA graphic card 1024 x 768 true color, SB interface Power input, max: o 85 V AC Power output: o 110V-220V (vii) The equipment is to be delivered on or before 30 days after Receipt of Order (ARO), FOB destination to: VA Medical Center 1201 NW 16TH Street Attn: Yvonne Fernandez | William F. Castor Miami, Florida 33125-1693 7:00am-4:30pm (viii) Provision 52.212-1, Instructions to Offerors - Commercial (Oct 2015), applies to this acquisition. Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Items: (a) Offerors are to e-mail complete quotes to Victor Abinader, Victor.Abinader@va.gov no later than August 05, 2016, Noon EST. All provisions and clauses applicable to this solicitation can be viewed in full text using the following web addresses: http://www.acquisition.gov/far/index.html and http://www.va.gov/oal/library/vaar/ (b) Subsection (b): Submission of offers: Offerors submitting brand name item(s) shall be an authorized distributor of brand manufacturer, and shall substantiate this by including letter from manufacturer on manufacturer letterhead verifying this. (c) Subsection (c): Period for acceptance of Offers, is changed from 30 calendar days to 60 calendar days. (d) Responses shall be on an all or none bases, no partial submission. No grey market or refurbished item(s). The Government reserves the right to make no award at all. (ix) Provision 52.212-2, Evaluation - Commercial Items (OCT 2014), applies to this acquisition. 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, price considered. The following factors shall be used to evaluate offers: Price and technical acceptability. Technical and past performance when combined, are equally as important as price. A best value award will be made utilizing the lowest price technically acceptable. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (x) 52.212-3 Offeror Representations and Certifications - Commercial items (MAY 2014) applies to this acquisition. Offerors shall provide with their offer a completed copy of their Representations and Certifications per 52.212-1(b)(8). Offeror Representations and Certifications can be accessed electronically at the following web address: http://www.acquisition.gov/far/index.html (xi) Clause 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. (xii) Clause 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders-Commercial Items (APR 2015) applies to this acquisition. (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(41 U.S.C. 3509). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [x] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). [] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [] (ii) Alternate I (NOV 2011) of 52.219-3. [] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (ii) Alternate I (JAN 2011) of 52.219-4. [] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (OCT 2014) of 52.219-9. [] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C 632(a)(2)). [] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). [X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). [] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). [] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (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.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-13. [] (37)(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. [] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [X] (41) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83). [X] (42)(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. [X] (ii) Alternate I (MAY 2014) of 52.225-3. [X] (iii) Alternate II (MAY 2014) of 52.225-3. [X] (iv) Alternate III (MAY 2014) of 52.225-3. [] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (44) 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). [] (45) 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). [] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658). [] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [] (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (End of Clause) See attached document: P12-RULES OF BEHAVIOR. (xiii) Statement regarding any Additional Provisions and Clauses, or other terms and conditions important to the requirement/procurement process consistent with commercial practices: Provisions in full text: 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (DEVIATION) (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that- (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months. 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015) (a) Definition. As used in this provision- Commercial and Government Entity (CAGE) code means- (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code. (b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter "CAGE" before the number. The CAGE code is required prior to award. (c) CAGE codes may be obtained via- (1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision). (2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at http://www.dlis.dla.mil/cage_welcome.asp. (3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/nato/ObtainCAGE.asp. (d) Additional guidance for establishing and maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp. (e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government. (f) Do not delay submission of the offer pending receipt of a CAGE code. 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998). This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ (End of provision) 852.252-70 Solicitation provisions or clauses incorporated by reference (JAN 2008). The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer. (End of provision) Provisions incorporated by reference are: - 52.204-7 System for award management (JUL 2013) - 52.211-6 Brand Name or Equal (AUG 1999) - 52.212-1 Instructions to Offerors - Commercial Items (APR 2014); Clauses in Full Text: 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://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ (End of clause) Clauses Incorporated by Reference: - 52.204-13 System for Award Management Maintenance (JUL 2013) - 52.204-16 Commercial and Government Entity Code Reporting (JUL 2015) - 52.204-17 Ownership or Control of Offeror (Nov 2014) - 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2015) - 52.232-1 Payments (APR 1984); - 52.232-8 Discounts for prompt payment (FEB 2002); - 852.203-70 Commercial Advertising (JAN 2008); - 852.246-70 Guarantee (JAN 2008); - 852.246-71 Inspection (JAN 2008) (xiv) DPAS is N/A (xv) The RFQ is due on August 05, 2016 Noon [EST] by e-mail to Victor Abinader, Contracting Officer, Victor.Abinader@va.gov. Offers received after the exact time specified in the solicitation are considered late and may be considered if the action would not unduly delay the acquisition or are deemed to be in the best interest of the Government. (xvi) For further information contact Victor Abinader by phone at 561-422-1365. Contracting Office Address: Point of Contact(s): Victor R. Abinader, Victor.Abinader@va.gov Contracting Officer: Victor R. Abinader

CGC ROBERT YERED DOCKSIDE REPAIRS

Department of Homeland Security, United States Coast Guard (USCG) | Published March 17, 2016  -  Deadline April 4, 2016
cpvs

NOTICE FOR FILING AGENCY PROTESTSUnited States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman. Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester's concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in, writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to: COMMANDANT (CG-9131) U S COAST GUARD OMBUDSMAN PROGRAM FOR AGENCY PROTESTS 2100 2ND ST SW STOP 7112 WASHINGTON DC 20593-7112 The Ombudsman Hotline telephone number is 202-372-3695. COMBINED SYNOPSIS/ SOLICITATION FORDOCK SIDE REPAIRS FOR USCGC ROBERT YERED (WPC-1104) This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. The solicitation is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-87. This requirement is being solicited as a Total Small Business Set-aside using Simplified Acquisition Procedures per FAR Subpart 13.0. The NAICS Code is 336611, Ship Building and Repairing with a small business size standard of 1,000 employees. The solicitation number is HSCG80-16-Q-P30D06. CONTRACT ADMINISTRATION: The U.S. Coast Guard Surface Forces Logistics Center will perform all contract administration under this contract. The location of the Contracting Officer and Contract Specialist for the contract is at 300 East Main Street, Suite 600, Norfolk, VA 23510-9102. Communication pertaining to the contractual administrative matters shall be addressed to the Contracting Officer and Contract Specialist listed below. Changes in or deviation from the scope of work will not be effected without a written change request and modification to the contract as executed by the Contracting Officer. The Contracting Officer for this requirement is Shavonda Jamison. She may be reached at (757) 628-4644 or Shavonda.Jamison@uscg.mil . The Contract Specialist is Jaime Warren. She may be reached at (757) 628-4646 or Jaime.R.Warren@uscg.mil. The Contract Specialist services as the point of contact between the Contractor and the Contracting Officer. This person does not have a warrant that provides the authority to contractually commit the government. The Contracting Officers Representative (COR) is CWO Irving Puig. The COR may be reached at (305)535-7574 or Irving.Puig@uscg.mil . The COR is the government personnel designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for terms within the scope of the contract. A designation letter will set forth the authorities and limitation of the COR under this contract. REQUIRED DOCUMENT Each quoter shall furnish the information required by the solicitation, which includes: 1. Price Schedule filled out with a cost associated with each CLIN 2. Past Performance Documentation3. Small Business Self Certification for applicable set-aside (i.e.HUBZone, Small Business, SDVOSB, 8(a))4. Welding Certifications and Procedures5. Proof of Insurance (Statement of Coverage from current Insurance carrier) PLEASE NOTE: QUOTES THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED PLACE OF PERFORMANCE The place of performance will be at USCGC ROBERT YERED (WPC-1104); mooring located at CG Sector Miami Beach, 100 Macarthur Causeway, Miami Beach, FL 33139-5101.     ANTICIPATED AWARD DATE The anticipated award date is on or about April 15, 2016, however it is subject to change. The government intends to award a fixed priced contract resulting from this solicitation to the responsible vendor whose complete quote, conforming to the solicitation, provides the best and final offer. Work covered by this solicitation shall be completed within twelve (12) calendar days from the date the vessel becomes available to the Contractor. The availability is scheduled to start on or about 09 May 2016 and end on or about 21 May 2016. An arrival conference normally will be held within 48 hours of the scheduled start date. QUESTIONS AND REQUEST FOR DRAWINGS: The last day to request drawings or ask questions regarding this solicitation is 25 March 2016 at 3:00PM EST. After this date further requests may not be accepted due to time constraints. For questions regarding this solicitation, contact Jaime Warren, Contract Specialist at (757) 628-4646 or Jaime.R.Warren@uscg.mil. QUOTATION DUE DATE Quotations must arrive no later than 1:00 p.m. EST, 04 April 2016. Quotations may be sent via electronic mail (e-mail) to Jaime.R.Warren@uscg.mil, or Quotations may be sent via the US Postal Service or hand delivered to: USCG Surface Forces Logistics Center, Attn: Jaime Warren, 300 East Main Street, Suite 600, Norfolk, VA 23510-9102. PLEASE NOTE: QUOTATIONS THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED.DESCRIPTION OF WORK(a) The Contractor shall furnish all necessary labor, material, services, equipment, supplies, accessories, consumables, and such other things as are necessary, except as otherwise specified, to perform dock side repairs and alterations to the vessel, in accordance with this solicitation and attached USCGC ROBERT YERED (WPC-1104) specification for dock side repairs FY2016, Rev-0, 03 Mar 2016. (b) Failure to read the specifications in their entirety will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror's risk. All Quotations submitted in response to this solicitation shall stand firm for 60 calendar days from the response date of this solicitation. ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR QUOTES. PRICING DATA Base Contract Line Item Numbers (CLINs) are marked as "D" for Definitive. Optional CLINs are marked "O" for Optional. Insert unit prices in all CLINs listed in the Schedule unless "NSP" is printed in the Unit Price column for any CLIN. "NSP" in the section means "Not Separately Priced." CLIN D-C, "Travel and Per Diem", is applicable only to Contractors not within the local commuting area (50 miles) of the vessel's location. It is anticipated that any Contractors within the 50 mile commuting area will enter "zero" (0) or "N/A" for the unit and extended price for this CLIN, on the Schedule of Supplies or Services. The place of performance will be at the vessel's mooring located CG Sector Miami Beach, 100 Macarthur Causeway, Miami Beach, FL 33139-5101.       ITEM DESCRIPTION UNIT PRICE UNIT QTY EXTENDED PRICED-001 Decks, Exterior, Preserve ("MIL-Spec/Flight Deck" System) JOB 1 D-002 Travel and Per Diem Days 12 O-A Composite Labor Rate Hours Total Price of Definite Items Total Price of Optional Items Total Price of Definite and Optional Items Inspection and Acceptance is at destinationCONTRACT CLAUSES (1) FAR CLAUSE 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. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice.(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-(i) Name and address of the Contractor;(ii) Invoice date and number;(iii) Contract number, 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.(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)Alternate I (MAY 2014). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause. (a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work. (2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.] (5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or(B) Terminate this contract for cause.(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause- (i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service. (ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are- (A) Performed by the contractor;(B) Performed by the subcontractors; or(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.(iii) Materials means- (A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); (D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and (E) Indirect costs specifically provided for in this clause.(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer: (i) Hourly rate. (A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated. (2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. (3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer. (ii) Materials. (A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the- (1) Quantities being acquired; and (2) Any modifications necessary because of contract requirements. (B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.(C) To the extent able, the Contractor shall-(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed. (1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None'."] (2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment schedule. Insert "tiny_mce_marker" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert ‘None')."] (2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract. (3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price. (4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer): (i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-(A) The original timecards (paper-based or electronic);(B) The Contractor's timekeeping procedures;(C) Contractor records that show the distribution of labor between jobs or contracts; and(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-(A) Any invoices or subcontract agreements substantiating material costs; and(B) Any documents supporting payment of those invoices.(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an 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)(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, and then at the rate applicable for each six month period as established 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 in a timely manner;(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 FAR 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. (viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions. (i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.(8) 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. (9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (10) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (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 an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that 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.(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.
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