Public tenders for environment in Seattle-wa United States

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Dumpster and/or Bio-Medical Waste Removal

Department of Homeland Security, Federal Emergency Management Agency | Published November 20, 2014  -  Deadline December 17, 2014
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FEMA is establishing a contracting vehicle for leased equipment and ancillary services to include dumpster service and bio-medical waste removal, hereafter defined as line items LE-008 and LE-017 and described as follows: 1.LE-008: Dumpster Rental and Service: Requirement consists of one each 40-Yard trash dumpsters per shelter with a capability of providing twice a week trash removal service. The contractor shall provide all management, tools, equipment, and labor necessary to deliver a minimum of one (1) and up to a maximum of one hundred (100) each 40-Yard trash dumpsters with twice a week trash removal service for a designated shelter or kitchen facility. The contractor shall provide necessary service, maintenance and supervision of dumpster placement and removal. 2.LE-017: Bio-Medical Waste Collection (one 10-Gallon Tank or two 5 gallon Tanks) and Disposal: Requirement consists of a 10-Gallon capacity regulated medical waste system with removal and disposal service. The contractor shall provide all management, tools, equipment, materials and labor necessary to collect, transport and dispose of a minimum of one (1) and up to a maximum of fifty (50) 10-Gallon (or 100 five gallon tanks) regulated medical waste tanks at designated disaster shelter facilities. The types of medical waste that FEMA would expect to collect and dispose of in a Shelter environment would be the equivalent of those types of medical waste generated by individuals in their home environment, i.e. a non-hospital setting. Some of the types of medical waste that would be expected to be generated in a shelter are as follows: Contaminated band aids; pads and patches; used needles; colostomy bags; used tube feeders; contaminated filters (blood and human fluids) for portable dialysis machines; used IV tubing, other tubing; etc.

Identify Cost of Radiation Hardening Solutions as a Function of Radiation Environments for Tailkit Electronics

Other Defense Agencies, Defense Threat Reduction Agency | Published November 3, 2014  -  Deadline November 18, 2014
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The Defense Threat Reduction Agency (DTRA) intends to negotiate and award a Purchase Order on a sole-source basis to Boeing Radiation Effects Lab (BREL), MC: 2T-50, P.O. Box 3707, Seattle, WA 98124, for an effort entitled "Identify Cost of Radiation Hardening Solutions as a Function of Radiation Environments for Tailkit Electronics." The statutory authority for this non-competitive action is 10 U.S.C. 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1, Only One Responsible Source. DTRA requires a cost to harden (CTH) study to gather data that will assist future research and development in the technical, complex field of parametric radiation hardening as a function of radiation environments for tailkit electronics. The scope of this effort is to document the cost to achieve nuclear survivable electronics for the four levels of radiation hardness, referenced above, as a function of total dose, peak gamma dose rate, neutron fluence, and Single Event Upset (SEU). The costs are associated with the design, test and maintenance of nuclear survivability at those specified environments. Boeing Radiation Effects Lab (BREL) is the only responsible source reasonably available in the market to conduct this CTH study. BREL's proprietary Radiation Effects Database will enable DTRA to come up with the most realistic cost to harden at these radiation levels. BREL is the only performer to already have procured the requisite parts in our GFI parts list, tested them, evaluated them against their proprietary radiation test database of commercial electronic parts, and now has the capability to determine the cost to harden DTRA's radiation requirements at the required levels on tailkit electronics. Because BREL has already tested many items on the GFI parts list, they are the only performer capable of providing DTRA with substitute or alternative parts that may not have originally been considered allowing this cost to harden study to be more accurate based on actual testing that took place and the cost to test those materials for DTRA's future radiation hardening testing efforts on the tailkit electronics. BREL's level of expertise in designing, testing and qualifying radiation hardened systems, along with their proprietary database access, will provide DTRA with a CTH that will validate and support future R&D efforts to advance this technology enabling cost-savings on these future efforts. Furthermore, Boeing Solid-State Electronics Development (SSED), another division of Boeing, is the subject matter expert on mitigation of single event effects and redesign of electronic using Rad Hard By Design techniques. The exclusive relationship with Boeing SSED is necessary to obtain further proprietary data on Rad Hard By Design techniques that will be needed to validate this study. This proprietary database is not available to other performers and BREL's expertise cannot be substituted by using another performer. This notice of contract action is not a request for competitive proposals; no formal request for quotation will be issued as a result of this announcement. All responsible sources may submit a capability statement which shall be considered by the Government. The Government will not be responsible for any costs incurred by responding to this notice. A determination to proceed with this effort on a sole source basis based upon capability statements received and evaluated in response to this announcement is solely within the discretion of the Government. Point of Contact: Primary, Laleh N. Chafi, Contract Specialist, laleh.chafi@dtra.mil, 703-767-3566 Secondary, Debra L. Mudd, Contracting Officer, debra.mudd@dtra.mil, 703-767-8770 Email questions to Contract Specialist, laleh.chafi@dtra.mil

Upgrades to and Sustainment of P-8A TOMS

Department of the Navy, Naval Air Systems Command | Published September 17, 2015  -  Deadline October 2, 2015
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The Naval Air Systems Command (NAVAIR) intends to issue a contract action to the Boeing Company (Boeing), 7755 E Marginal Way S., Seattle, WA 98108-4002, on an other than full and open basis for the procurement of: (1) upgrades to and sustainment of the P-8A Tactical Open Mission System (TOMS) software and related support software and software documentation; (2) upgrades to and sustainment of the Patuxent River TOMS Software Development Environment (SDE); (3) the integration of NAVAIR-developed software into the TOMS; and (4) changes to software support tools (such as simulation, data reduction, etc.) resulting from the TOMS upgrades. The planned period of performance is from November 2015 through June 2016. The effort shall be procured pursuant to 10 U.S.C. 2304(c)(1) and FAR 6.302-1, "Only One Responsible Source and No Other Type of Supplies or Services will Satisfy Agency Requirements." Boeing is the sole designer, developer, manufacturer, and integrator of the P-8A aircraft, and therefore is the only source with the requisite knowledge, experience, technical data, computer software, computer software documentation, facilities, and qualified personnel that can meet the Government's requirements on a timely basis. This notice of intent is not a request for competitive proposals. Interested parties, however, may identify their interest and capability by responding to this requirement. The Government will consider all capability information received prior to the closing date of this synopsis. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. No phone inquiries will be entertained. Responses shall be made in writing by e-mail, U.S. mail, or facsimile to the attention of Taynelle McCloud and Scott Segesdy using the contact information provided in this synopsis. Companies interested in subcontracting opportunities should contact Boeing directly via Ms. Paige Bisset at (425) 965-8077 and paige.v.bisset@boeing.com.

Increment 3 Block 1 Retrofit Non Recurring Engineering

Department of the Navy, Naval Air Systems Command | Published August 23, 2016  -  Deadline September 7, 2016
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The Naval Air Systems Command (NAVAIR) intends to award a contract action under Basic Ordering Agreement N0019-16-G-0001 to The Boeing Company (Boeing), Seattle, WA, on an other than full and open basis to procure Non-Recurring Engineering (NRE) requirements to develop and deliver Technical Directives (TDs), logistics documentation and a Engineering Change Proposal (ECP form DD1692) update required to retrofit P-8A fleet aircraft with Increment 3 Block 1 ECP 5 capabilities. Increment 3 Block1 ECP 5 Capabilities Include:•Updates as required to the existing P-8A Integrated Broadcast Service (IBS) software to provide on board filtering capability and integration of a Government Furnished Equipment (GFE) receiver and associated hardware to provide IBS receive capability in an Emissions Control (EMCON) restricted environment. •Components required with the existing P-8A High Frequency (HF) hardware and software to provide HF Internet Protocol (HF IP) over the Secure Internet Protocol Router Network (SIPRNET). •Integration of AGM-84N (Harpoon II+) missile. •Updates to Link-16 controls and processing: to provide J12 and J14 messages within Tactical Operational Mission Software (TOMS)/Mission Computing Display System (MCDS) per Inc 3 System Design Specification for third party targeting and Electronic Warfare (EW). Pursuant to DFARS 206.302-1(d) and PGI 206.302, a Sources Sought Notice was posted for actions under this Basic Ordering Agreement requirement on 12 June 2015. This specific contract action shall be procured pursuant to 10 U.S.C. 2304(c)(1) and FAR 6.302-1, "Only One Responsible Source and No Other Type of Supplies or Services will Satisfy Agency Requirements." Due to the proprietary nature of some of the commercially derived P-8A components, access to the technical data necessary to support a full and open competition is, in some cases, not feasible. Although the Government has purchased some software design documentation and requirements specifications, it has not purchased a complete technical data and computer software package. Therefore, Boeing is the only responsible source that can perform the develop the required documentation for this action. The 12 June 2015 Sources Sought Notice provided the opportunity for interested persons by 14 July 2015 to submit a Capability Statement identifying their interest and capability to respond to the requirement or submit proposals. The Government will not consider any information submitted by interested parties in response to this Presolicitation Notice. Companies interested in subcontracting opportunities should contact Boeing directly via Mr. Tony Painter at (206) 554-0285 or Anthony.e.painter@boeing.com.      

Refuse Collection and Disposal Services - USCG Seattle

Department of Homeland Security, United States Coast Guard (USCG) | Published May 5, 2016  -  Deadline July 11, 2016
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This is a Synopsis/Pre-Solicitation Announcement. The U.S. Coast Guard (USCG) Shore Infrastructure Logistics Center (SILC), Alameda, CA has a requirement for REFUSE COLLECTION AND DISPOSAL SERVICES for the USCG Base Seattle located in Seattle, Washington. The procurement will be solicited using unrestricted/full and open competition procedures. A firm-fixed price type contract will be awarded for a Base Period starting 1 OCTOBER 2016 through 30 SEPTEMBER 2017 plus FOUR one-year option periods for total contract duration not to exceed 60 months. If all options are exercised by the Government the contract term will end 30 SEPTEMBER 2021. The Contractor shall furnish all labor, material, equipment, supplies, transportation, supervision and management necessary to perform all REFUSE COLLECTION AND DISPOSAL SERVICES for the aforementioned USCG location(s). All services shall be in strict adherence to the Performance Work Statement (PWS), as well as applicable local, state and federal regulations and/or Coast Guard station/location instructions, and shall be consistent with current industry practices in order to maintain a safe, clean and healthy environment for all the residents, military/civilian personnel, tenant commands and visiting members of the public. All required licenses and/or certifications required for the State of Washington must be identified and submitted with response to the solicitation. The North American Industry Classification System (NAICS) code is 562111 - Solid Waste Collection with a small business annual revenue size standard of $38.5M. See SBA's Small Business Size Regulations at https://www.sba.gov/content/part-121-small-business-size-regulations-1 Current contract information:Waste Management of Washington, Inc.7201 W. Marginal Way SW, Seattle, WA 98108Awarded in the amount of $671,502.36 for the Base Year Period and FOUR (4) Option Years (10/01/2011- 09/30/2016).Interested parties should register in the System for Award Management (SAM). Information on SAM registration can be obtained at www.sam.gov. Contractors MUST be registered in the System for Award Management (SAM) in order to receive a contract award from any USCG activity. Ensure DUNS and CAGE Code numbers are provided with the proposal. DUNS number can be obtained via www.dnb.com or 1-800-333-0505. FAR 52.212-1 Instructions to Offerors - Commercial Items applies to this solicitation. The solicitation will utilize procedures and incorporate provisions and clauses in accordance with FAR Part 12 Acquisition of Commercial Items and FAR Part 15 Contracting by Negotiations. The solicitation Request for Proposal (RFP) will be available on or about 6 June 2016 and is anticipated to close 11 July 2016. Interested parties are hereby notified that the solicitation will be available exclusively on the Federal Business Opportunities (FedBizOpps, FBO) website, www.fbo.gov. The solicitation, attachments, and amendments will be published for viewing, printing, and downloading from the FBO website only. It is the potential offeror's responsibility to monitor FBO for the release of the solicitation and any subsequent amendments. No hardcopy/paper versions of the solicitation or amendments will be distributed. Prospective bidders shall locate the solicitation no. HSCG84-16-R-A13390 and follow the instructions. All prospective bidders are responsible for visiting Federal Business Opportunities frequently and obtaining any amendments or other information pertaining to the solicitation. PLEASE READ THE ENTIRE SOLICITATION AND COMPLETE ALL REQUIRED DOCUMENTATION WHEN SUBMITTING YOUR PROPOSAL. The proposal must be submitted via regular and/or priority mail. No electronic copies of the proposal will be accepted. There will be a time period specified in the solicitation for the receipt of questions. Solicitation number is HSCG84-16-R-A13390.

QF-16 Radar Cross Section (RCS) Testing in Support of QF-16 RCS Model Verification and Validation

Department of the Air Force, Air Force Material Command | Published September 10, 2014  -  Deadline September 26, 2014
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General Information Classification Code: H215 Equipment and Materials Testing- Aircraft and Airframe Structural Components Contracting Office Address Department of the Air Force, Air Force Materiel Command (AFMC), Air Force Life Cycle Management Center (AFLCMC)/EBYK, 207 West D Avenue, Suite 214, Building 349, Eglin AFB, FL 32542-6853 Description The Air Force Life Cycle Management Center, Testing and Training Division, Aerial Targets Branch, Contracts Office, Eglin AFB FL intends to award a contract modification to Boeing Company, Defense, Space & Security, 6200 J S McDonnell Blvd, St. Louis, MO, 63134-1939 for performance of a Radar Cross Section (RCS) measurement and data collection on a Government furnished flightworthy QF-16 aircraft in support of the QF-16 Full Scale Aerial Target (FSAT) Program. It is anticipated that the contract modification will be awarded in the 2nd quarter of FY15 and have an 8-month period of performance. Boeing Company is the only source able to meet the mandatory time frames and has the unique facility capable of providing all, not just a subset, of the test requirements that includes the utilization of a non-modifiable, airworthy QF-16 aircraft. The Contractor shall be responsible for conducting the RCS measurement at a Contractor-provided test facility. QF-16 RCS testing must yield data suitable for supporting the QF-16 RCS model verification and validation and weapons lethality verification process. Diagnostic analysis is fundamental to the effectiveness of this process and requires the following specific data "quality" or "suitability" features: (1) Repeatability - The test conditions and collection techniques must be capable of being controlled and reproduced. (2) Granularity - RCS measurements shall be made in one-tenth degree increments for azimuth (0 deg - 360 deg), pitch (-50 deg to +50 deg), and roll (0 deg to 90 deg). This all-aspect RCS data shall be collected for four aircraft configurations (with and without mission representative payloads). Discrete frequency (multiple bands) and wide band data supporting high resolution target imagery shall be collected. (3) Accuracy - RCS measurement sources of error must be well understood, documented, and able to be mitigated effectively through precise instrumentation calibration, environment control, and proven data processing techniques. The Contractor shall deliver a test plan and test report. In addition to describing test set-up and pre-test, test, and post-test activities and detailing the data collection sequence, the test plan and report shall: (1) Document the choice and dimensions of calibration targets, and address the planned methods of calibration and associated algorithms for calibration. (2) Document the raw data format for data collection. Sample data files and computer source code for reading binary data file shall be provided prior to conducting large scale measurement testing. (3) Document the raw data format for calibration data files. Sample calibration data files and computer source code for reading calibration data files shall be provided prior to conducting large scale measurement testing. (4) Document the measurement signal processing chain that is used to process the raw signature data into complex phase history data. Source code for processing shall be provided prior on sample test prior to large scale testing. The Government will provide as Government Furnished Property (GFP) a flightworthy Have Glass I, Block 30 QF-16 aircraft with required mission representative payload sets to the Contractor for use as the RCS test article. The airworthiness of this QF-16 must not be compromised as it is an active program asset. No modification to the internal or external structure is permitted. The North American Industry Classification System (NAICS) code for this proposed acquisition is 488190 with a size standard of $32.5 Million. The Government intends to solicit and negotiate with only one source under the authority of FAR 6.302-1. This NOCA neither constitutes a Request for Proposal (RFP) or Invitation for Bid (IFB), nor does it restrict the Government to any specific acquisition approach. This NOCA is for information and planning purposes only and is not to be construed as a commitment to a contract by the Government. Contracting POC is Ms. Holly Deuser at 207 West D Avenue, Suite 214, Building 349, Eglin AFB, FL 32542-6853 or at holly.deuser@us.af.mil . An Ombudsman has been appointed to hear concerns from offerors or potential offerors. The Ombudsman does not diminish the authority of the program manager or contracting officer but communicates contractor concerns, issues, disagreements, and recommendations to the appropriate Government personnel. When requested, the Ombudsman shall maintain strict confidentiality as to the source of the concern. The Ombudsman does not participate in the evaluation of proposals or in the source selection process. Matters of routine or administrative nature concerning this acquisition should not be addressed to the Ombudsman but rather to the Contracting point of contact identified above. The Ombudsman is Ms. Jill Willingham, AFLCMC/AQP. She may be contacted at 937-255-5472. All responsible sources may submit a capability statement which shall be considered by the agency. Responses for this effort shall be submitted to Mr. Anthony Porter, Contract Specialist, phone (850) 883-3382, e-mail: anthony.porter.7@us.af.mil , or Ms. Holly Deuser, Contracting Officer, phone (850) 883-3376, e-mail: holly.deuser@us.af.mil no later than 26 September 2014.

COMBINED SYNOPSIS/SOLICITATION Direct Covariance Air-Sea Flux Measurement

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published June 6, 2016  -  Deadline June 21, 2016
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COMBINED SYNOPSIS/SOLICITATIONDirect Covariance Air-Sea Flux Measurement (I) This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number PMEL-16-00942. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-87. (IV) This solicitation is being issued with no Set-aside. The associated NAICS code is 541690. (V) This combined solicitation/synopsis is for purchase of the following commercial services/items:Consulting on a technical development project. (VI) Description of requirements is as follows:Per attached statement of work (VII) Date(s) and place(s) of delivery and acceptance 06/30/2017 at NOAA/PMEL 7600 Sand Point Way NE Seattle, WA 98115-6349. Delivery shall be FOB Origin THE FOLLOWING PROVISIONS AND CLAUSES APPLY TO THIS ACQUISITION FAR 52.212-1, Instructions to Offerors -- Commercial Items FAR 52.212-3, Offeror Representations and Certifications - Commercial Items FAR 52.212-4, Contract Terms and Conditions - Commercial Items FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items FAR 52.204-99 System for Award Management (DEVIATION) CAR 1352.201-70 Contracting Officer's AuthorityCAR 1352.209-73 Compliance with the LawsCAR 1352.209-74 Organizational Conflict of InterestCAR 1352.233-70 Agency ProtestsCAR 1352.233-71 GAO and Court of Federal Claims ProtestsCAR 1352.237-70 Security Requirements 52.232-39 - Unenforceability of Unauthorized Obligations.. 1 52.232-18 AVAILABILITY OF FUNDS (APR 1984)(Reference 52.232-18). 2 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)(Reference 52.232-40). 3 52.247-29 F.O.B. ORIGIN (FEB 2006)(Reference 52.247-29). 4 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)(Reference 1352.201-70). 5 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)(Reference 1352.209-73). 6 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)(Reference 1352.209-74). 7 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conformto the requirements of this contract. The Government reserves the right to inspect or test any suppliesor services that have been tendered for acceptance. The Government may require repair or replacementof nonconforming supplies or reperformance of nonconforming services at no increase in contract price.Ifrepair/replacement or reperformance will not correct the defects or is not possible, the Governmentmay seek an equitable price reduction or adequate consideration for acceptance of nonconforming suppliesor 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 tothe defect in the item.(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as aresult 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 writtenagreement of the parties.(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contracts Disputes, as amended(41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request forequitable adjustment, claim, appeal or action arising under or relating to this contract shall be adispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporatedherein 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 byan occurrence beyond the reasonable control of the Contractor and without its fault or negligence suchas, acts of God or the public enemy, acts of the Government in either its sovereign or contractualcapacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, anddelays of common carriers. The Contractor shall notify the Contracting Officer in writing as soonas it is reasonably possible after the commencement of any excusable delay, setting forth the fullparticulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, andshall 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, ifauthorized) 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 ofshipment 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 invoiceonly 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 requiredelsewhere in this contract.(B) If EFT banking information is not required to be on the invoice, in order for the invoiceto be a proper invoice, the Contractor shall have submitted correct EFT banking information inaccordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Paymentby Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic FundsTransfer-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 byEFT.(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Officeof 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 andagents against liability, including costs, for actual or alleged direct or contributory infringementof, or inducement to infringe, any United States or foreign patent, trademark or copyright, arisingout of the performance of this contract, provided the Contractor is reasonably notified of such claimsand proceedings.(i) Payment.--(1) Items accepted. Payment shall be made for items accepted by the Government that have beendelivered to the delivery destinations set forth in this contract.(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31U.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) forthe appropriate EFT clause.(4) Discount. In connection with any discount offered for early payment, time shall be computedfrom the date of the invoice. For the purpose of computing the discount earned, payment shall beconsidered to have been made on the date which appears on the payment check or the specified paymentdate if an electronic funds transfer payment is made.(5) Over payments. If the Contractor becomes aware of a duplicate contract financing or invoicepayment or that the Government has otherwise overpaid on a contract financing or invoice payment, theContractor shall--(i) Remit the over payment amount to the payment office cited in the contract along with adescription of the over payment including the--(A) Circumstances of the over payment (e.g., duplicate payment, erroneous payment, liquidationerrors, 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 shallbear simple interest from the date due until paid unless paid within 30 days of becoming due. Theinterest rate shall be the interest rate established by the Secretary of the Treasury as providedin 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 theSecretary until the amount is paid.(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is dueunder the contract.(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211if--(A) The Contracting Officer and the Contractor are unable to reach agreement on the existenceor amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officerwithin the timeline specified in the demand for payment unless the amounts were not repaid because theContractor has requested an installment payment agreement; or(C) The Contractor requests a deferment of collection on a debt previously demanded by theContracting Officer (see 32.607-2).(iv) If a demand for payment was previously issued for the debt, the demand for payment includedin 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 paymentresulting from a default termination.(vi) The interest charge shall be computed for the actual number of calendar days involvedbeginning 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 otherwisepayable 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 havebecome payable to the Contractor.(vii) The interest charge made under this clause may be reduced under the procedures prescribedin 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 thesupplies provided under this contract shall remain with the Contractor until, and shall pass to theGovernment 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, iftransportation 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 terminatethis contract, or any part hereof, for its sole convenience. In the event of such termination, theContractor shall immediately stop all work hereunder and shall immediately cause any and all of itssuppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractorshall be paid a percentage of the contract price reflecting the percentage of the work performedprior to the notice of termination, plus reasonable charges the Contractor can demonstrate to thesatisfaction of the Government using its standard record keeping system, have resulted from thetermination. The Contractor shall not be required to comply with the cost accounting standards orcontract cost principles for this purpose. This paragraph does not give the Government any rightto audit the Contractor`s records. The Contractor shall not be paid for any work performed or costsincurred which reasonably could have been avoided.(m) Termination for cause. The Government may terminate this contract, or any part hereof, for causein the event of any default by the Contractor, or if the Contractor fails to comply with any contractterms and conditions, or fails to provide the Government, upon request, with adequate assurancesof future performance. In the event of termination for cause, the Government shall not be liable tothe Contractor for any amount for supplies or services not accepted, and the Contractor shall beliable to the Government for any and all rights and remedies provided by law. If it is determined thatthe Government improperly terminated this contract for default, such termination shall be deemed atermination for convenience.(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contractshall pa ss to the Government upon acceptance, regardless of when or where the Government takesphysical possession.(o) Warranty. The Contractor warrants and implies that the items delivered here under are merchantableand 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 willnot be liable to the Government for consequential damages resulting from any defect or deficiencies inaccepted 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 31U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federalcontracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract WorkHours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21relating to procurement integrity.(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved bygiving precedence in the following order:(1) The schedule of supplies/services.(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique toGovernment 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 computersoftware.(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 duringperformance and through final payment of any contract for the accuracy and completeness of the datawithin the SAM database, and for any liability resulting from the Government`s reliance on inaccurateor incomplete data. To remain registered in the SAM database after the initial registration, theContractor is required to review and update on an annual basis from the date of initial registrationor subsequent updates its information in the SAM database to ensure it is current, accurate andcomplete. Updating information in the SAM does not alter the terms and conditions of this contract andis 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 divisionname (whichever is shown on the contract), or has transferred the assets used in performing thecontract, but has not completed the necessary requirements regarding novation and change-of-nameagreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer aminimum 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 ContractingOfficer. The Contractor must provide with the notification sufficient documentation to support thelegally changed name.(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of thisclause, orfails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in theabsence of a properly executed novation or change-of-name agreement,the SAM information that showsthe Contractor to be other than the Contractor indicated in the contract will be considered to beincorrect information within the meaning of the Suspension of Payment paragraph of the electronic fundstransfer (EFT) clause of this contract.(3) The Contractor shall not change the name or address for EFT payments or manual payments, asappropriate, in theSAM record to reflect an assignee for the purpose of assignment of claims (seeSubpart 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 byEFT, to an ultimate recipient other than that Contractor will be considered to be incorrect informationwithin 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 confirmationrequirements 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 underthis contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similarlegal instrument or agreement, that includes any clause requiring the Government to indemnify theContractor or any person or entity for damages, costs, fees, or any other loss or liability that wouldcreate 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 agreedto 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 boxor other comparable mechanism (e.g., ``click-wrap`` or ``browse-wrap`` agreements), execution does notbind 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 oragreement.(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that isexpressly authorized by statute and specifically authorized under applicable agency regulations andprocedures.(v)Incorporation by reference. The Contractor`s representations and certifications, including thosecompleted electronically via the System for Award Management (SAM), are incorporated by reference intothe contract.(End of Clause). 8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016) (a) The Contractor shall comply with the following Federal AcquisitionRegulation (FAR) clause, which is incorporated in this contract byreference, to implement provisions of law or Executive orders applicableto acquisitions of commercial items:(1) 52.209-10, Prohibition on Contracting with Inverted DomesticCorporations (Nov 2015).(2) 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553).(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).(b) The Contractor shall comply with the FAR clauses in this paragraph(b) that the Contracting Officer has indicated as being incorporated inthis contract by reference to implement provisions of law or Executiveorders applicable to acquisitions of commercial items:(1) 52.203-6, Restrictions on Subcontractor Sales to theGovernment (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and10 U.S.C. 2402).(2) 52.203-13, Contractor Code of Business Ethics and Conduct(Oct 2015) (41 U.S.C. 3509).(3) 52.203-15, Whistleblower Protections Under the AmericanRecovery L. 111-5). (Applies to contracts funded by the AmericanRecovery and Reinvestment Act of 2009.)(4) 52.204-10, Reporting Executive Compensation and First-TierSubcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101note).(5) [Reserved](6) 52.204-14, Service Contract Reporting Requirements (JAN2014) (Pub. L. 111-117, section 743 of Div. C).(7) 52.204-15, Service Contract Reporting Requirements forIndefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section743 of Div. C).(8) 52.209-6, Protecting the Government`s Interest WhenSubcontracting with Contractors Debarred, Suspended, or Proposed forDebarment. (Oct 2015) (31 U.S.C. 6101 note).(9) 52.209-9, Updates of Publicly Available InformationRegarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).(10) [Reserved](11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-SourceAward (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 forHUBZone Small Business Concerns (OCT 2014) (if the offeror elects towaive 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)XX (i) 52.219-6, Notice of Total Small Business Set-Aside(Nov 2011) (15 U.S.C. 644).(ii) Alternate I (Nov 2011) of 52.219-6.(iii) Alternate II (Nov 2011) of 52.219-6.(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside(Jun 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 (OCT2014) (15 U.S.C. 637(d)(2) and (3)).(17)(i) 52.219-9, Small Business Subcontracting Plan (Oct2015) (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 2015) of 52.219-9.XX (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15U.S.C. 644(r)). (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15U.S.C. 637(a)(14)).(20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan1999)(15 U.S.C. 637(d)(4)(F)(i)).(21) 52.219-27, Notice of Service-Disabled Veteran-OwnedSmall Business Set-Aside (Nov 2011) (15 U.S.C. 657f).XX (22) 52.219-28, Post Award Small Business ProgramRerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).(23) 52.219-29, Notice of Set-Aside for, or Sole Source Awardto, Economically Disadvantaged Women-Owned Small Business Concerns(Dec 2015) (15 U.S.C. 637(m)).(24) 52.219-30, Notice of Set-Aside for, or Sole Source Awardto, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).XX (26) 52.222-19, Child Labor--Cooperation with Authorities andRemedies (FEB 2016) (E.O. 13126).XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr2015).XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38U.S.C. 4212).XX (30) 52.222-36, Equal Opportunity for Workers withDisabilities (Jul 2014) (29 U.S.C. 793).(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C. 4212).(32) 52.222-40, Notification of Employee Rights Under theNational Labor Relations Act (Dec 2010) (E.O. 13496).XX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2,2015) (22 U.S.C. chapter 78 and E.O. 13627).(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C.chapter 7 and E.O. 13627).(34) 52.222-54, Employment Eligibility Verification (Oct2015). (E. O. 12989). (Not applicable to the acquisition ofcommercially available off-the-shelf items or certain other types ofcommercial items as prescribed in 22.1803.)(35) (i) 52.223-9, Estimate of Percentage of RecoveredMaterial Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commerciallyavailable 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 availableoff-the-shelf items.)(36) (i) 52.223-13, Acquisition of EPEAT(R) -RegisteredImaging Equipment(Jun 2014) (E.O.s 13423 and 13514)(ii) Alternate I (Oct 2015) of 52.223-13.(37) (i) 52.223-14, Acquisition of EPEAT(R) -RegisteredTelevision (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-ConsumingProducts(Dec 2007) (42 U.S.C. 8259b).(39) (i) 52.223-16, Acquisition of EPEAT(R)-RegisteredPersonal Computer Products (OCT 2015) (E.O.s 13423 and 13514).(ii) Alternate I (Jun 2014) of 52.223-16.XX (40) 52.223-18, Encouraging Contractor Policies to Ban TextMessaging while Driving (Aug 2011) (E.O. 13513).XX (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. 3301note, 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 (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).XX (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun2008) (E.O.`s, proclamations, and statutes administered by the Officeof Foreign Assets Control of the Department of the Treasury).(45) 52.225-26, Contractors Performing Private SecurityFunctions Outside the United States (Jul 2013) (Section 862, asamended, of the National Defense Authorization Act for Fiscal Year2008; 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 Disasteror Emergency Area (Nov 2007) (42 U.S.C. 5150).(48) 52.232-29, Terms for Financing of Purchases of CommercialItems(Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).(49) 52.232-30, Installment Payments for Commercial Items (Oct1995)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).XX (50) 52.232-33, Payment by Electronic Funds Transfer - Systemfor Award Management (Jul 2013) (31 U.S.C. 3332).(51) 52.232-34, Payment by Electronic Funds Transfer - OtherThan 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) (5U.S.C. 552a).(54) (i) 52.247-64, Preference for Privately Owned U.S.-FlagCommercial 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 hasindicated as being incorporated in this contract by reference toimplement provisions of law or Executive orders applicable toacquisitions 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) (41U.S.C. chapter 67).(3) 52.222-42, Statement of Equivalent Rates for FederalHires(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(4) 52.222-43, Fair Labor Standards Act and Service ContractLabor --Price Adjustment (Multiple Year and Option Contracts)(MAY2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(5)52.222-44, Fair Labor Standards Act and Service ContractLabor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41U.S.C. chapter 67).(6)52.222-51, Exemption from Application of the ServiceContract 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 ServiceContract 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 (DEC2015).(9) 52.226-6, Promoting Excess Food Donation to NonprofitOrganizations (MAY 2014) (42 U.S.C. 1792).(10) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(31 U.S.C. 5112(p)(1)).(d) Comptroller General Examination of Record. The Contractor shallcomply with the provisions of this paragraph (d) if this contract wasawarded using other than sealed bid, is in excess ofthe simplifiedacquisition threshold, and does not contain the clause at 52.215-2, Auditand Records-Negotiation.(1) The Comptroller General of the United States, or an authorizedrepresentative of the Comptroller General, shall have access to andright to examine any of the Contractor`s directly pertinent recordsinvolving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonabletimes the records, materials, and other evidence for examination,audit, or reproduction, until 3years after final payment under thiscontract or for any shorter period specified in FAR Subpart 4.7,Contractor Records Retention, of the other clauses of this contract.Ifthis contract is completely or partially terminated, the recordsrelating to the work terminated shall be made available for 3 yearsafter any resulting final termination settlement. Records relating toappeals under the disputes clause or to litigation or the settlementof claims arising under or relating to this contract shall be madeavailable until such appeals, litigation, or claims are finallyresolved.(3) As used in this clause, records include books, documents,accountingprocedures and practices, and other data, regardless of type andregardless of form. This does not require the Contractor to create ormaintain any record that the Contractor does not maintain in theordinary 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 toflow down any FAR clause,other than those in this paragraph (e)(1)in asubcontract for commercial items. Unless otherwise indicated below, theextent of the flow down shall be as required by the clause--(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct2015) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15U.S.C. 637(d)(2) and (3)), in all subcontracts that offer furthersubcontracting opportunities. If the subcontract (except subcontractsto small business concerns) exceeds $700,000 ($1.5 million forconstruction of any public facility), the subcontractor must include52.219-8 in lower tier subcontracts that offer subcontractingopportunities.(iii)52.222-17, Non displacement of Qualified Workers (MAY 2014) (E.O.13495). Flow down required in accordance with paragraph (l) of FARclause 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 (Oct 2015) (38 U.S.C.4212).(vii) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul2014) (29 U.S.C. 793).(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C. 4212).(ix) 52.222-40, Notification of Employee Rights Under the NationalLabor Relations Act (Dec 2010) (E.O. 13496). Flow down required inaccordance 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 (March 2, 2015)(22 U.S.C. chapter 78 and E.O. 13627).(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).(xii) 52.222-51, Exemption from Application of the Service ContractLabor Standards to Contracts for Maintenance, Calibration, or Repairof Certain Equipment--Requirements (May 2014) 41 U.S.C. chapter 67.)(xiii) 52.222-53, Exemption from Application of the Service ContractLabor Standards to Contracts for Certain Services--Requirements (May2014) (41 U.S.C. chapter 67)(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC2015).(xvi) 52.225-26, Contractors Performing Private Security FunctionsOutside the United States (Jul 2013) (Section 862, as amended, of theNational 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 inaccordance with paragraph (e) of FAR clause 52.226-6.(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag CommercialVessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow downrequired in accordance with paragraph (d) of FAR clause 52.247-64.(2) While not required, the Contractor may include in its subcontractsfor commercial items a minimal number of additional clauses necessaryto satisfy its contractual obligations.(End of Clause). 9 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)The Government may increase the quantity of supplies called for in the Schedule at the unit pricespecified. The Contracting Officer may exercise the option by written notice to the Contractorwithin 10 days Delivery of the added items shall continue at the same rate as the like items calledfor under the contract, unless the parties otherwise agree.(End of Clause). 10 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)(a) "Definition." "Ozone-depleting substance," as used in this clause, means any substance theEnvironmental Protection Agency designates in 40 CFR part 82 as--(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, andmethyl chloroform; or(2) Class II, including, but not limited to, hydrochlorofluorocarbons.(b) The Contractor shall label products which contain or are manufactured with ozone-depletingsubstances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFRpart 82, Subpart E, as follows:WarningContains (or manufactured with, if applicable) +_______, a substance(s) which harm(s) public healthand environment by destroying ozone in the upper atmosphere.+ The Contractor shall insert the name of the substance(s).(End of Clause). 11 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired underthis contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similarlegal instrument or agreement, that includes any clause requiring the Government to indemnify theContractor or any person or entity for damages, costs, fees, or any other loss or liability thatwould create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:(1) Any such clause is unenforceable against the Government.(2) Neither the Government nor any Government authorized end user shall be deemed to have agreedto 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 boxor other comparable mechanism (e.g., `click-wrap` or `browse-wrap` agreements), execution does notbind the Government or any Government authorized end user to such clause.(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument oragreement.(b) Paragraph (a) of this clause does not apply to indemnification by the Government that isexpressly authorized by statute and specifically authorized under applicable agency regulations andprocedures. (End of clause). 12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect asif they were given in full text. Upon request, the Contracting Officer will make their full textavailable. Also, the full text of a clause may be accessed electronically at this/these address(es):(End of Clause). 13 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the dateof the clause.(b) The use in this solicitation or contract of any CAR and FAR (48 CFR clause with an authorizeddeviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.(End of Clause). 14 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)(a) The Contracting Officer or the duly authorized representative will accept supplies and servicesto be provided under this contract. (b) The place of acceptance will be:(End of clause). 15 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNALCONFIDENTIALITY AGREEMENTS (FEB 2015)(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste,or abuse to sign or comply with internal confidentiality agreements or statements prohibiting orotherwise 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 oragency authorized to receive such information.(b) The contractor shall notify employees that the prohibitions and restrictions of any internalconfidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable toStandard Form 312, Form 4414, or any other form issued by a Federal department or agency governing thenondisclosure of classified information.(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and FurtherContinuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (orotherwise made available) under that or any other Act may be prohibited, if the Government determinesthat the Contractor is not in compliance with the provisions of this clause.(2) The Government may seek any available remedies in the event the Contractor fails to comply with theprovisions of this clause.(End of clause). 16 SAM.GOV 52.204-99 -- System for Award Management Registration (DEVIATION)Except for awards where the Govemment wide purchase card (GPC) is used as the method of payment,contracting officers shall include the attached clause 52.204-99, System for Award ManagementRegistration, in lieu of FAR clause 52.204-7, Central Contractor Registration, and DF ARS252.204-7004, Alternate A, Central Contractor Registration.System for Award Management Registration (August 2012) (DEVIATION)(a) Definitions. As used in this clause-"Central Contractor Registration (CCR) database" means the retired primary Government repository forContractor information required for the conduct of business with the Government."Commercial and Government Entity (CAGE) code" means-(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify acommercial or Government entity; or(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records andmaintains in the CAGE master file. This type of code is known as an "NCAGE code.""Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun andBradstreet, Inc. (D&B) to identify unique business entities."Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned byD&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation withthis 4-character suffix.) This 4-character suffix may be assigned at the discretion of the businessconcern to establish additional SAM records for identifying alternative Electronic Funds Transfer(EFT) accounts (see the FAR at Subpart 32.11) for the same concern."Registered in the SAM database" means that-(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4number, into the SAM database;(2) The Contractor's CAGE code is in the SAM database; and(3) The Government has validated all mandatory data fields, to include validation of the TaxpayerIdentification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record"Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4validation to the Government as a part of the SAM registration process."System for Award Management (SAM)" means the primary Government repository for prospective federalawardee information and the centralized Government system for certain contracting, grants, and otherassistance related processes. It includes-(1) Data collected from prospective federal awardees required for the conduct of business with theGovernment;(2) Prospective contractor submitted annual representations and certifications in accordance with FARSubpart 4.12; and(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, orexcluded or disqualified under the non procurement common rule by agencies, Government corporations ,or by the Government Accountability Office.(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and throughfinal payment of any contract, basic agreement, basic ordering agreement, or blanket purchasingagreement resulting from this solicitation.(2) The SAM registration shall be for the same name and address identified on the contract, with itsassociated CAGE code and DUNS or DUNS+4.(3) If indicated by the Government during performance, registration in an alternate system may berequired in lieu of SAM.(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly toobtain one.(1) A contractor may obtain a DUNS number-(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internetaccess, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. Thecontractor should indicate that it is a contractor for a U.S. Government contract when contacting thelocal Dun and Bradstreet office.(2) The Contractor should be prepared to provide the following information:(i) Company legal business name.(ii) Trade style, doing business, or other name by which your entity is commonly recognized.(iii) Company physical street address, city, state and Zip Code.(iv) Company mailing address, city, state and Zip Code (if separate from physical).(v) Company telephone number.(vi) Date the company was started.(vii) Number of employees at your location.(viii) Chief executive officer/key manager.(ix) Line of business (industry).(x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved.(e) Processing time for registration in SAM, which normally takes five business days, should be takeninto consideration when registering. Contractors who are not already registered should considerapplying for registration at least two weeks prior to invoicing.(f) The Contractor is responsible for the accuracy and completeness of the data within the SAMdatabase, and for any liability resulting from the Government's reliance on inaccurate or incompletedata. To remain registered in the SAM database after the initial registration, the Contractor isrequired to review and update on an annual basis from the date of initial registration or subsequentupdates its information in the SAM database to ensure it is current, accurate and complete. Updatinginformation in the SAM does not alter the terms and conditions of this contract and is not asubstitute for a properly executed contractual document.(g)(1)(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 agreementsin Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficientdocumentation to support the legally changed name with a minimum of one business day's writtennotification of its intention to-(A) Change the name in the SAM database;(B) Comply with the requirements of subpart 42.12 of the FAR; and(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause,or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absenceof a properly executed novation or change-of-name agreement, the SAM information that shows theContractor to be other than the Contractor indicated in the contract will be considered to beincorrect information within the meaning of the "Suspension of Payment" paragraph of the electronicfunds transfer (EFT) clause of this contract.(2) The Contractor shall not change the name or address for EFT payments or manual payments, asappropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (seeFAR 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 madeby EFT, to an ultimate recipient other than that Contractor will be considered to be incorrectinformation within the meaning of the "Suspension of payment" paragraph of the EFT clause of thiscontract.

COMBINED SYNOPSIS/SOLICITATION Purchase Electronic Interconnection Cables and Connectors

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published June 1, 2016  -  Deadline June 9, 2016
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The Government reserves the right to terminatethis contract, or any part hereof, for its sole convenience. In the event of such termination, theContractor shall immediately stop all work hereunder and shall immediately cause any and all of itssuppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractorshall be paid a percentage of the contract price reflecting the percentage of the work performedprior to the notice of termination, plus reasonable charges the Contractor can demonstrate to thesatisfaction of the Government using its standard record keeping system, have resulted from thetermination. The Contractor shall not be required to comply with the cost accounting standards orcontract cost principles for this purpose. This paragraph does not give the Government any rightto audit the Contractor`s records. The Contractor shall not be paid for any work performed or costsincurred which reasonably could have been avoided.(m) Termination for cause. The Government may terminate this contract, or any part hereof, for causein the event of any default by the Contractor, or if the Contractor fails to comply with any contractterms and conditions, or fails to provide the Government, upon request, with adequate assurancesof future performance. In the event of termination for cause, the Government shall not be liable tothe Contractor for any amount for supplies or services not accepted, and the Contractor shall beliable to the Government for any and all rights and remedies provided by law. If it is determined thatthe Government improperly terminated this contract for default, such termination shall be deemed atermination for convenience.(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contractshall pa ss to the Government upon acceptance, regardless of when or where the Government takesphysical possession.(o) Warranty. The Contractor warrants and implies that the items delivered here under are merchantableand 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 willnot be liable to the Government for consequential damages resulting from any defect or deficiencies inaccepted 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 31U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federalcontracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract WorkHours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21relating to procurement integrity.(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved bygiving precedence in the following order:(1) The schedule of supplies/services.(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique toGovernment 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 computersoftware.(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 duringperformance and through final payment of any contract for the accuracy and completeness of the datawithin the SAM database, and for any liability resulting from the Government`s reliance on inaccurateor incomplete data. To remain registered in the SAM database after the initial registration, theContractor is required to review and update on an annual basis from the date of initial registrationor subsequent updates its information in the SAM database to ensure it is current, accurate andcomplete. Updating information in the SAM does not alter the terms and conditions of this contract andis 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 divisionname (whichever is shown on the contract), or has transferred the assets used in performing thecontract, but has not completed the necessary requirements regarding novation and change-of-nameagreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer aminimum 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 ContractingOfficer. The Contractor must provide with the notification sufficient documentation to support thelegally changed name.(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of thisclause, orfails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in theabsence of a properly executed novation or change-of-name agreement,the SAM information that showsthe Contractor to be other than the Contractor indicated in the contract will be considered to beincorrect information within the meaning of the Suspension of Payment paragraph of the electronic fundstransfer (EFT) clause of this contract.(3) The Contractor shall not change the name or address for EFT payments or manual payments, asappropriate, in theSAM record to reflect an assignee for the purpose of assignment of claims (seeSubpart 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 byEFT, to an ultimate recipient other than that Contractor will be considered to be incorrect informationwithin 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 confirmationrequirements 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 underthis contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similarlegal instrument or agreement, that includes any clause requiring the Government to indemnify theContractor or any person or entity for damages, costs, fees, or any other loss or liability that wouldcreate 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 agreedto 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 boxor other comparable mechanism (e.g., ``click-wrap`` or ``browse-wrap`` agreements), execution does notbind 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 oragreement.(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that isexpressly authorized by statute and specifically authorized under applicable agency regulations andprocedures.(v)Incorporation by reference. The Contractor`s representations and certifications, including thosecompleted electronically via the System for Award Management (SAM), are incorporated by reference intothe contract.(End of Clause). 8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016) (a) The Contractor shall comply with the following Federal AcquisitionRegulation (FAR) clause, which is incorporated in this contract byreference, to implement provisions of law or Executive orders applicableto acquisitions of commercial items:(1) 52.209-10, Prohibition on Contracting with Inverted DomesticCorporations (Nov 2015).(2) 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553).(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).(b) The Contractor shall comply with the FAR clauses in this paragraph(b) that the Contracting Officer has indicated as being incorporated inthis contract by reference to implement provisions of law or Executiveorders applicable to acquisitions of commercial items:(1) 52.203-6, Restrictions on Subcontractor Sales to theGovernment (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and10 U.S.C. 2402).(2) 52.203-13, Contractor Code of Business Ethics and Conduct(Oct 2015) (41 U.S.C. 3509).(3) 52.203-15, Whistleblower Protections Under the AmericanRecovery L. 111-5). (Applies to contracts funded by the AmericanRecovery and Reinvestment Act of 2009.)(4) 52.204-10, Reporting Executive Compensation and First-TierSubcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101note).(5) [Reserved](6) 52.204-14, Service Contract Reporting Requirements (JAN2014) (Pub. L. 111-117, section 743 of Div. C).(7) 52.204-15, Service Contract Reporting Requirements forIndefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section743 of Div. C).(8) 52.209-6, Protecting the Government`s Interest WhenSubcontracting with Contractors Debarred, Suspended, or Proposed forDebarment. (Oct 2015) (31 U.S.C. 6101 note).(9) 52.209-9, Updates of Publicly Available InformationRegarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).(10) [Reserved](11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-SourceAward (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 forHUBZone Small Business Concerns (OCT 2014) (if the offeror elects towaive 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)XX (i) 52.219-6, Notice of Total Small Business Set-Aside(Nov 2011) (15 U.S.C. 644).(ii) Alternate I (Nov 2011) of 52.219-6.(iii) Alternate II (Nov 2011) of 52.219-6.(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside(Jun 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 (OCT2014) (15 U.S.C. 637(d)(2) and (3)).(17)(i) 52.219-9, Small Business Subcontracting Plan (Oct2015) (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 2015) of 52.219-9.XX (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15U.S.C. 644(r)). (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15U.S.C. 637(a)(14)).(20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan1999)(15 U.S.C. 637(d)(4)(F)(i)).(21) 52.219-27, Notice of Service-Disabled Veteran-OwnedSmall Business Set-Aside (Nov 2011) (15 U.S.C. 657f).XX (22) 52.219-28, Post Award Small Business ProgramRerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).(23) 52.219-29, Notice of Set-Aside for, or Sole Source Awardto, Economically Disadvantaged Women-Owned Small Business Concerns(Dec 2015) (15 U.S.C. 637(m)).(24) 52.219-30, Notice of Set-Aside for, or Sole Source Awardto, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).XX (26) 52.222-19, Child Labor--Cooperation with Authorities andRemedies (FEB 2016) (E.O. 13126).XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr2015).XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38U.S.C. 4212).XX (30) 52.222-36, Equal Opportunity for Workers withDisabilities (Jul 2014) (29 U.S.C. 793).(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C. 4212).(32) 52.222-40, Notification of Employee Rights Under theNational Labor Relations Act (Dec 2010) (E.O. 13496).XX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2,2015) (22 U.S.C. chapter 78 and E.O. 13627).(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C.chapter 7 and E.O. 13627).(34) 52.222-54, Employment Eligibility Verification (Oct2015). (E. O. 12989). (Not applicable to the acquisition ofcommercially available off-the-shelf items or certain other types ofcommercial items as prescribed in 22.1803.)(35) (i) 52.223-9, Estimate of Percentage of RecoveredMaterial Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commerciallyavailable 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 availableoff-the-shelf items.)(36) (i) 52.223-13, Acquisition of EPEAT(R) -RegisteredImaging Equipment(Jun 2014) (E.O.s 13423 and 13514)(ii) Alternate I (Oct 2015) of 52.223-13.(37) (i) 52.223-14, Acquisition of EPEAT(R) -RegisteredTelevision (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-ConsumingProducts(Dec 2007) (42 U.S.C. 8259b).(39) (i) 52.223-16, Acquisition of EPEAT(R)-RegisteredPersonal Computer Products (OCT 2015) (E.O.s 13423 and 13514).(ii) Alternate I (Jun 2014) of 52.223-16.XX (40) 52.223-18, Encouraging Contractor Policies to Ban TextMessaging while Driving (Aug 2011) (E.O. 13513).XX (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. 3301note, 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 (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).XX (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun2008) (E.O.`s, proclamations, and statutes administered by the Officeof Foreign Assets Control of the Department of the Treasury).(45) 52.225-26, Contractors Performing Private SecurityFunctions Outside the United States (Jul 2013) (Section 862, asamended, of the National Defense Authorization Act for Fiscal Year2008; 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 Disasteror Emergency Area (Nov 2007) (42 U.S.C. 5150).(48) 52.232-29, Terms for Financing of Purchases of CommercialItems(Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).(49) 52.232-30, Installment Payments for Commercial Items (Oct1995)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).XX (50) 52.232-33, Payment by Electronic Funds Transfer - Systemfor Award Management (Jul 2013) (31 U.S.C. 3332).(51) 52.232-34, Payment by Electronic Funds Transfer - OtherThan 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) (5U.S.C. 552a).(54) (i) 52.247-64, Preference for Privately Owned U.S.-FlagCommercial 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 hasindicated as being incorporated in this contract by reference toimplement provisions of law or Executive orders applicable toacquisitions 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) (41U.S.C. chapter 67).(3) 52.222-42, Statement of Equivalent Rates for FederalHires(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(4) 52.222-43, Fair Labor Standards Act and Service ContractLabor --Price Adjustment (Multiple Year and Option Contracts)(MAY2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(5)52.222-44, Fair Labor Standards Act and Service ContractLabor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41U.S.C. chapter 67).(6)52.222-51, Exemption from Application of the ServiceContract 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 ServiceContract 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 (DEC2015).(9) 52.226-6, Promoting Excess Food Donation to NonprofitOrganizations (MAY 2014) (42 U.S.C. 1792).(10) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(31 U.S.C. 5112(p)(1)).(d) Comptroller General Examination of Record. The Contractor shallcomply with the provisions of this paragraph (d) if this contract wasawarded using other than sealed bid, is in excess ofthe simplifiedacquisition threshold, and does not contain the clause at 52.215-2, Auditand Records-Negotiation.(1) The Comptroller General of the United States, or an authorizedrepresentative of the Comptroller General, shall have access to andright to examine any of the Contractor`s directly pertinent recordsinvolving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonabletimes the records, materials, and other evidence for examination,audit, or reproduction, until 3years after final payment under thiscontract or for any shorter period specified in FAR Subpart 4.7,Contractor Records Retention, of the other clauses of this contract.Ifthis contract is completely or partially terminated, the recordsrelating to the work terminated shall be made available for 3 yearsafter any resulting final termination settlement. Records relating toappeals under the disputes clause or to litigation or the settlementof claims arising under or relating to this contract shall be madeavailable until such appeals, litigation, or claims are finallyresolved.(3) As used in this clause, records include books, documents,accountingprocedures and practices, and other data, regardless of type andregardless of form. This does not require the Contractor to create ormaintain any record that the Contractor does not maintain in theordinary 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 toflow down any FAR clause,other than those in this paragraph (e)(1)in asubcontract for commercial items. Unless otherwise indicated below, theextent of the flow down shall be as required by the clause--(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct2015) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15U.S.C. 637(d)(2) and (3)), in all subcontracts that offer furthersubcontracting opportunities. If the subcontract (except subcontractsto small business concerns) exceeds $700,000 ($1.5 million forconstruction of any public facility), the subcontractor must include52.219-8 in lower tier subcontracts that offer subcontractingopportunities.(iii)52.222-17, Non displacement of Qualified Workers (MAY 2014) (E.O.13495). Flow down required in accordance with paragraph (l) of FARclause 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 (Oct 2015) (38 U.S.C.4212).(vii) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul2014) (29 U.S.C. 793).(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C. 4212).(ix) 52.222-40, Notification of Employee Rights Under the NationalLabor Relations Act (Dec 2010) (E.O. 13496). Flow down required inaccordance 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 (March 2, 2015)(22 U.S.C. chapter 78 and E.O. 13627).(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).(xii) 52.222-51, Exemption from Application of the Service ContractLabor Standards to Contracts for Maintenance, Calibration, or Repairof Certain Equipment--Requirements (May 2014) 41 U.S.C. chapter 67.)(xiii) 52.222-53, Exemption from Application of the Service ContractLabor Standards to Contracts for Certain Services--Requirements (May2014) (41 U.S.C. chapter 67)(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC2015).(xvi) 52.225-26, Contractors Performing Private Security FunctionsOutside the United States (Jul 2013) (Section 862, as amended, of theNational 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 inaccordance with paragraph (e) of FAR clause 52.226-6.(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag CommercialVessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow downrequired in accordance with paragraph (d) of FAR clause 52.247-64.(2) While not required, the Contractor may include in its subcontractsfor commercial items a minimal number of additional clauses necessaryto satisfy its contractual obligations.(End of Clause). 9 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)The Government may increase the quantity of supplies called for in the Schedule at the unit pricespecified. The Contracting Officer may exercise the option by written notice to the Contractorwithin 10 days Delivery of the added items shall continue at the same rate as the like items calledfor under the contract, unless the parties otherwise agree.(End of Clause). 10 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)(a) "Definition." "Ozone-depleting substance," as used in this clause, means any substance theEnvironmental Protection Agency designates in 40 CFR part 82 as--(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, andmethyl chloroform; or(2) Class II, including, but not limited to, hydrochlorofluorocarbons.(b) The Contractor shall label products which contain or are manufactured with ozone-depletingsubstances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFRpart 82, Subpart E, as follows:WarningContains (or manufactured with, if applicable) +_______, a substance(s) which harm(s) public healthand environment by destroying ozone in the upper atmosphere.+ The Contractor shall insert the name of the substance(s).(End of Clause). 11 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired underthis contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similarlegal instrument or agreement, that includes any clause requiring the Government to indemnify theContractor or any person or entity for damages, costs, fees, or any other loss or liability thatwould create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:(1) Any such clause is unenforceable against the Government.(2) Neither the Government nor any Government authorized end user shall be deemed to have agreedto 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 boxor other comparable mechanism (e.g., `click-wrap` or `browse-wrap` agreements), execution does notbind the Government or any Government authorized end user to such clause.(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument oragreement.(b) Paragraph (a) of this clause does not apply to indemnification by the Government that isexpressly authorized by statute and specifically authorized under applicable agency regulations andprocedures. (End of clause). 12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect asif they were given in full text. Upon request, the Contracting Officer will make their full textavailable. Also, the full text of a clause may be accessed electronically at this/these address(es):(End of Clause). 13 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the dateof the clause.(b) The use in this solicitation or contract of any CAR and FAR (48 CFR clause with an authorizeddeviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.(End of Clause). 14 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)(a) The Contracting Officer or the duly authorized representative will accept supplies and servicesto be provided under this contract. (b) The place of acceptance will be:(End of clause). 15 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNALCONFIDENTIALITY AGREEMENTS (FEB 2015)(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste,or abuse to sign or comply with internal confidentiality agreements or statements prohibiting orotherwise 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 oragency authorized to receive such information.(b) The contractor shall notify employees that the prohibitions and restrictions of any internalconfidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable toStandard Form 312, Form 4414, or any other form issued by a Federal department or agency governing thenondisclosure of classified information.(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and FurtherContinuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (orotherwise made available) under that or any other Act may be prohibited, if the Government determinesthat the Contractor is not in compliance with the provisions of this clause.(2) The Government may seek any available remedies in the event the Contractor fails to comply with theprovisions of this clause.(End of clause). 16 SAM.GOV 52.204-99 -- System for Award Management Registration (DEVIATION)Except for awards where the Govemment wide purchase card (GPC) is used as the method of payment,contracting officers shall include the attached clause 52.204-99, System for Award ManagementRegistration, in lieu of FAR clause 52.204-7, Central Contractor Registration, and DF ARS252.204-7004, Alternate A, Central Contractor Registration.System for Award Management Registration (August 2012) (DEVIATION)(a) Definitions. As used in this clause-"Central Contractor Registration (CCR) database" means the retired primary Government repository forContractor information required for the conduct of business with the Government."Commercial and Government Entity (CAGE) code" means-(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify acommercial or Government entity; or(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records andmaintains in the CAGE master file. This type of code is known as an "NCAGE code.""Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun andBradstreet, Inc. (D&B) to identify unique business entities."Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned byD&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation withthis 4-character suffix.) This 4-character suffix may be assigned at the discretion of the businessconcern to establish additional SAM records for identifying alternative Electronic Funds Transfer(EFT) accounts (see the FAR at Subpart 32.11) for the same concern."Registered in the SAM database" means that-(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4number, into the SAM database;(2) The Contractor's CAGE code is in the SAM database; and(3) The Government has validated all mandatory data fields, to include validation of the TaxpayerIdentification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record"Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4validation to the Government as a part of the SAM registration process."System for Award Management (SAM)" means the primary Government repository for prospective federalawardee information and the centralized Government system for certain contracting, grants, and otherassistance related processes. It includes-(1) Data collected from prospective federal awardees required for the conduct of business with theGovernment;(2) Prospective contractor submitted annual representations and certifications in accordance with FARSubpart 4.12; and(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, orexcluded or disqualified under the non procurement common rule by agencies, Government corporations ,or by the Government Accountability Office.(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and throughfinal payment of any contract, basic agreement, basic ordering agreement, or blanket purchasingagreement resulting from this solicitation.(2) The SAM registration shall be for the same name and address identified on the contract, with itsassociated CAGE code and DUNS or DUNS+4.(3) If indicated by the Government during performance, registration in an alternate system may berequired in lieu of SAM.(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly toobtain one.(1) A contractor may obtain a DUNS number-(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internetaccess, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. Thecontractor should indicate that it is a contractor for a U.S. Government contract when contacting thelocal Dun and Bradstreet office.(2) The Contractor should be prepared to provide the following information:(i) Company legal business name.(ii) Trade style, doing business, or other name by which your entity is commonly recognized.(iii) Company physical street address, city, state and Zip Code.(iv) Company mailing address, city, state and Zip Code (if separate from physical).(v) Company telephone number.(vi) Date the company was started.(vii) Number of employees at your location.(viii) Chief executive officer/key manager.(ix) Line of business (industry).(x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved.(e) Processing time for registration in SAM, which normally takes five business days, should be takeninto consideration when registering. Contractors who are not already registered should considerapplying for registration at least two weeks prior to invoicing.(f) The Contractor is responsible for the accuracy and completeness of the data within the SAMdatabase, and for any liability resulting from the Government's reliance on inaccurate or incompletedata. To remain registered in the SAM database after the initial registration, the Contractor isrequired to review and update on an annual basis from the date of initial registration or subsequentupdates its information in the SAM database to ensure it is current, accurate and complete. Updatinginformation in the SAM does not alter the terms and conditions of this contract and is not asubstitute for a properly executed contractual document.(g)(1)(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 agreementsin Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficientdocumentation to support the legally changed name with a minimum of one business day's writtennotification of its intention to-(A) Change the name in the SAM database;(B) Comply with the requirements of subpart 42.12 of the FAR; and(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause,or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absenceof a properly executed novation or change-of-name agreement, the SAM information that shows theContractor to be other than the Contractor indicated in the contract will be considered to beincorrect information within the meaning of the "Suspension of Payment" paragraph of the electronicfunds transfer (EFT) clause of this contract.(2) The Contractor shall not change the name or address for EFT payments or manual payments, asappropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (seeFAR 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 madeby EFT, to an ultimate recipient other than that Contractor will be considered to be incorrectinformation within the meaning of the "Suspension of payment" paragraph of the EFT clause of thiscontract.(h) Contractors may obtain information on registration and annual confirmation requirements via theSAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 forinternational calls.(End of Clause) Questions must be emailed to the attention of Ben Carlson. The email address is Ben.Carlson@noaa.gov , 206-526-4321.    

COMBINED SYNOPSIS/SOLICITATION Purchase Sunshine Pyranometers

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published May 25, 2016  -  Deadline June 10, 2016
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The Government reserves the right to terminatethis contract, or any part hereof, for its sole convenience. In the event of such termination, theContractor shall immediately stop all work hereunder and shall immediately cause any and all of itssuppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractorshall be paid a percentage of the contract price reflecting the percentage of the work performedprior to the notice of termination, plus reasonable charges the Contractor can demonstrate to thesatisfaction of the Government using its standard record keeping system, have resulted from thetermination. The Contractor shall not be required to comply with the cost accounting standards orcontract cost principles for this purpose. This paragraph does not give the Government any rightto audit the Contractor`s records. The Contractor shall not be paid for any work performed or costsincurred which reasonably could have been avoided.(m) Termination for cause. The Government may terminate this contract, or any part hereof, for causein the event of any default by the Contractor, or if the Contractor fails to comply with any contractterms and conditions, or fails to provide the Government, upon request, with adequate assurancesof future performance. In the event of termination for cause, the Government shall not be liable tothe Contractor for any amount for supplies or services not accepted, and the Contractor shall beliable to the Government for any and all rights and remedies provided by law. If it is determined thatthe Government improperly terminated this contract for default, such termination shall be deemed atermination for convenience.(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contractshall pa ss to the Government upon acceptance, regardless of when or where the Government takesphysical possession.(o) Warranty. The Contractor warrants and implies that the items delivered here under are merchantableand 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 willnot be liable to the Government for consequential damages resulting from any defect or deficiencies inaccepted 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 31U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federalcontracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract WorkHours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21relating to procurement integrity.(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved bygiving precedence in the following order:(1) The schedule of supplies/services.(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique toGovernment 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 computersoftware.(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 duringperformance and through final payment of any contract for the accuracy and completeness of the datawithin the SAM database, and for any liability resulting from the Government`s reliance on inaccurateor incomplete data. To remain registered in the SAM database after the initial registration, theContractor is required to review and update on an annual basis from the date of initial registrationor subsequent updates its information in the SAM database to ensure it is current, accurate andcomplete. Updating information in the SAM does not alter the terms and conditions of this contract andis 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 divisionname (whichever is shown on the contract), or has transferred the assets used in performing thecontract, but has not completed the necessary requirements regarding novation and change-of-nameagreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer aminimum 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 ContractingOfficer. The Contractor must provide with the notification sufficient documentation to support thelegally changed name.(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of thisclause, orfails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in theabsence of a properly executed novation or change-of-name agreement,the SAM information that showsthe Contractor to be other than the Contractor indicated in the contract will be considered to beincorrect information within the meaning of the Suspension of Payment paragraph of the electronic fundstransfer (EFT) clause of this contract.(3) The Contractor shall not change the name or address for EFT payments or manual payments, asappropriate, in theSAM record to reflect an assignee for the purpose of assignment of claims (seeSubpart 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 byEFT, to an ultimate recipient other than that Contractor will be considered to be incorrect informationwithin 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 confirmationrequirements 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 underthis contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similarlegal instrument or agreement, that includes any clause requiring the Government to indemnify theContractor or any person or entity for damages, costs, fees, or any other loss or liability that wouldcreate 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 agreedto 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 boxor other comparable mechanism (e.g., ``click-wrap`` or ``browse-wrap`` agreements), execution does notbind 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 oragreement.(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that isexpressly authorized by statute and specifically authorized under applicable agency regulations andprocedures.(v)Incorporation by reference. The Contractor`s representations and certifications, including thosecompleted electronically via the System for Award Management (SAM), are incorporated by reference intothe contract.(End of Clause). 8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016) (a) The Contractor shall comply with the following Federal AcquisitionRegulation (FAR) clause, which is incorporated in this contract byreference, to implement provisions of law or Executive orders applicableto acquisitions of commercial items:(1) 52.209-10, Prohibition on Contracting with Inverted DomesticCorporations (Nov 2015).(2) 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553).(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).(b) The Contractor shall comply with the FAR clauses in this paragraph(b) that the Contracting Officer has indicated as being incorporated inthis contract by reference to implement provisions of law or Executiveorders applicable to acquisitions of commercial items:(1) 52.203-6, Restrictions on Subcontractor Sales to theGovernment (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and10 U.S.C. 2402).(2) 52.203-13, Contractor Code of Business Ethics and Conduct(Oct 2015) (41 U.S.C. 3509).(3) 52.203-15, Whistleblower Protections Under the AmericanRecovery L. 111-5). (Applies to contracts funded by the AmericanRecovery and Reinvestment Act of 2009.)(4) 52.204-10, Reporting Executive Compensation and First-TierSubcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101note).(5) [Reserved](6) 52.204-14, Service Contract Reporting Requirements (JAN2014) (Pub. L. 111-117, section 743 of Div. C).(7) 52.204-15, Service Contract Reporting Requirements forIndefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section743 of Div. C).(8) 52.209-6, Protecting the Government`s Interest WhenSubcontracting with Contractors Debarred, Suspended, or Proposed forDebarment. (Oct 2015) (31 U.S.C. 6101 note).(9) 52.209-9, Updates of Publicly Available InformationRegarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).(10) [Reserved](11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-SourceAward (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 forHUBZone Small Business Concerns (OCT 2014) (if the offeror elects towaive 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)XX (i) 52.219-6, Notice of Total Small Business Set-Aside(Nov 2011) (15 U.S.C. 644).(ii) Alternate I (Nov 2011) of 52.219-6.(iii) Alternate II (Nov 2011) of 52.219-6.(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside(Jun 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 (OCT2014) (15 U.S.C. 637(d)(2) and (3)).(17)(i) 52.219-9, Small Business Subcontracting Plan (Oct2015) (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 2015) of 52.219-9.XX (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15U.S.C. 644(r)). (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15U.S.C. 637(a)(14)).(20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan1999)(15 U.S.C. 637(d)(4)(F)(i)).(21) 52.219-27, Notice of Service-Disabled Veteran-OwnedSmall Business Set-Aside (Nov 2011) (15 U.S.C. 657f).XX (22) 52.219-28, Post Award Small Business ProgramRerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).(23) 52.219-29, Notice of Set-Aside for, or Sole Source Awardto, Economically Disadvantaged Women-Owned Small Business Concerns(Dec 2015) (15 U.S.C. 637(m)).(24) 52.219-30, Notice of Set-Aside for, or Sole Source Awardto, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).XX (26) 52.222-19, Child Labor--Cooperation with Authorities andRemedies (FEB 2016) (E.O. 13126).XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr2015).XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38U.S.C. 4212).XX (30) 52.222-36, Equal Opportunity for Workers withDisabilities (Jul 2014) (29 U.S.C. 793).(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C. 4212).(32) 52.222-40, Notification of Employee Rights Under theNational Labor Relations Act (Dec 2010) (E.O. 13496).XX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2,2015) (22 U.S.C. chapter 78 and E.O. 13627).(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C.chapter 7 and E.O. 13627).(34) 52.222-54, Employment Eligibility Verification (Oct2015). (E. O. 12989). (Not applicable to the acquisition ofcommercially available off-the-shelf items or certain other types ofcommercial items as prescribed in 22.1803.)(35) (i) 52.223-9, Estimate of Percentage of RecoveredMaterial Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commerciallyavailable 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 availableoff-the-shelf items.)(36) (i) 52.223-13, Acquisition of EPEAT(R) -RegisteredImaging Equipment(Jun 2014) (E.O.s 13423 and 13514)(ii) Alternate I (Oct 2015) of 52.223-13.(37) (i) 52.223-14, Acquisition of EPEAT(R) -RegisteredTelevision (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-ConsumingProducts(Dec 2007) (42 U.S.C. 8259b).(39) (i) 52.223-16, Acquisition of EPEAT(R)-RegisteredPersonal Computer Products (OCT 2015) (E.O.s 13423 and 13514).(ii) Alternate I (Jun 2014) of 52.223-16.XX (40) 52.223-18, Encouraging Contractor Policies to Ban TextMessaging while Driving (Aug 2011) (E.O. 13513).XX (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. 3301note, 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 (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).XX (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun2008) (E.O.`s, proclamations, and statutes administered by the Officeof Foreign Assets Control of the Department of the Treasury).(45) 52.225-26, Contractors Performing Private SecurityFunctions Outside the United States (Jul 2013) (Section 862, asamended, of the National Defense Authorization Act for Fiscal Year2008; 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 Disasteror Emergency Area (Nov 2007) (42 U.S.C. 5150).(48) 52.232-29, Terms for Financing of Purchases of CommercialItems(Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).(49) 52.232-30, Installment Payments for Commercial Items (Oct1995)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).XX (50) 52.232-33, Payment by Electronic Funds Transfer - Systemfor Award Management (Jul 2013) (31 U.S.C. 3332).(51) 52.232-34, Payment by Electronic Funds Transfer - OtherThan 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) (5U.S.C. 552a).(54) (i) 52.247-64, Preference for Privately Owned U.S.-FlagCommercial 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 hasindicated as being incorporated in this contract by reference toimplement provisions of law or Executive orders applicable toacquisitions 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) (41U.S.C. chapter 67).(3) 52.222-42, Statement of Equivalent Rates for FederalHires(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(4) 52.222-43, Fair Labor Standards Act and Service ContractLabor --Price Adjustment (Multiple Year and Option Contracts)(MAY2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(5)52.222-44, Fair Labor Standards Act and Service ContractLabor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41U.S.C. chapter 67).(6)52.222-51, Exemption from Application of the ServiceContract 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 ServiceContract 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 (DEC2015).(9) 52.226-6, Promoting Excess Food Donation to NonprofitOrganizations (MAY 2014) (42 U.S.C. 1792).(10) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(31 U.S.C. 5112(p)(1)).(d) Comptroller General Examination of Record. The Contractor shallcomply with the provisions of this paragraph (d) if this contract wasawarded using other than sealed bid, is in excess ofthe simplifiedacquisition threshold, and does not contain the clause at 52.215-2, Auditand Records-Negotiation.(1) The Comptroller General of the United States, or an authorizedrepresentative of the Comptroller General, shall have access to andright to examine any of the Contractor`s directly pertinent recordsinvolving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonabletimes the records, materials, and other evidence for examination,audit, or reproduction, until 3years after final payment under thiscontract or for any shorter period specified in FAR Subpart 4.7,Contractor Records Retention, of the other clauses of this contract.Ifthis contract is completely or partially terminated, the recordsrelating to the work terminated shall be made available for 3 yearsafter any resulting final termination settlement. Records relating toappeals under the disputes clause or to litigation or the settlementof claims arising under or relating to this contract shall be madeavailable until such appeals, litigation, or claims are finallyresolved.(3) As used in this clause, records include books, documents,accountingprocedures and practices, and other data, regardless of type andregardless of form. This does not require the Contractor to create ormaintain any record that the Contractor does not maintain in theordinary 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 toflow down any FAR clause,other than those in this paragraph (e)(1)in asubcontract for commercial items. Unless otherwise indicated below, theextent of the flow down shall be as required by the clause--(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct2015) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15U.S.C. 637(d)(2) and (3)), in all subcontracts that offer furthersubcontracting opportunities. If the subcontract (except subcontractsto small business concerns) exceeds $700,000 ($1.5 million forconstruction of any public facility), the subcontractor must include52.219-8 in lower tier subcontracts that offer subcontractingopportunities.(iii)52.222-17, Non displacement of Qualified Workers (MAY 2014) (E.O.13495). Flow down required in accordance with paragraph (l) of FARclause 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 (Oct 2015) (38 U.S.C.4212).(vii) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul2014) (29 U.S.C. 793).(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C. 4212).(ix) 52.222-40, Notification of Employee Rights Under the NationalLabor Relations Act (Dec 2010) (E.O. 13496). Flow down required inaccordance 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 (March 2, 2015)(22 U.S.C. chapter 78 and E.O. 13627).(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).(xii) 52.222-51, Exemption from Application of the Service ContractLabor Standards to Contracts for Maintenance, Calibration, or Repairof Certain Equipment--Requirements (May 2014) 41 U.S.C. chapter 67.)(xiii) 52.222-53, Exemption from Application of the Service ContractLabor Standards to Contracts for Certain Services--Requirements (May2014) (41 U.S.C. chapter 67)(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC2015).(xvi) 52.225-26, Contractors Performing Private Security FunctionsOutside the United States (Jul 2013) (Section 862, as amended, of theNational 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 inaccordance with paragraph (e) of FAR clause 52.226-6.(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag CommercialVessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow downrequired in accordance with paragraph (d) of FAR clause 52.247-64.(2) While not required, the Contractor may include in its subcontractsfor commercial items a minimal number of additional clauses necessaryto satisfy its contractual obligations.(End of Clause). 9 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)The Government may increase the quantity of supplies called for in the Schedule at the unit pricespecified. The Contracting Officer may exercise the option by written notice to the Contractorwithin 10 days Delivery of the added items shall continue at the same rate as the like items calledfor under the contract, unless the parties otherwise agree.(End of Clause). 10 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)(a) "Definition." "Ozone-depleting substance," as used in this clause, means any substance theEnvironmental Protection Agency designates in 40 CFR part 82 as--(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, andmethyl chloroform; or(2) Class II, including, but not limited to, hydrochlorofluorocarbons.(b) The Contractor shall label products which contain or are manufactured with ozone-depletingsubstances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFRpart 82, Subpart E, as follows:WarningContains (or manufactured with, if applicable) +_______, a substance(s) which harm(s) public healthand environment by destroying ozone in the upper atmosphere.+ The Contractor shall insert the name of the substance(s).(End of Clause). 11 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired underthis contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similarlegal instrument or agreement, that includes any clause requiring the Government to indemnify theContractor or any person or entity for damages, costs, fees, or any other loss or liability thatwould create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:(1) Any such clause is unenforceable against the Government.(2) Neither the Government nor any Government authorized end user shall be deemed to have agreedto 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 boxor other comparable mechanism (e.g., `click-wrap` or `browse-wrap` agreements), execution does notbind the Government or any Government authorized end user to such clause.(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument oragreement.(b) Paragraph (a) of this clause does not apply to indemnification by the Government that isexpressly authorized by statute and specifically authorized under applicable agency regulations andprocedures. (End of clause). 12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect asif they were given in full text. Upon request, the Contracting Officer will make their full textavailable. Also, the full text of a clause may be accessed electronically at this/these address(es):(End of Clause). 13 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the dateof the clause.(b) The use in this solicitation or contract of any CAR and FAR (48 CFR clause with an authorizeddeviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.(End of Clause). 14 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)(a) The Contracting Officer or the duly authorized representative will accept supplies and servicesto be provided under this contract. (b) The place of acceptance will be:(End of clause). 15 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNALCONFIDENTIALITY AGREEMENTS (FEB 2015)(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste,or abuse to sign or comply with internal confidentiality agreements or statements prohibiting orotherwise 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 oragency authorized to receive such information.(b) The contractor shall notify employees that the prohibitions and restrictions of any internalconfidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable toStandard Form 312, Form 4414, or any other form issued by a Federal department or agency governing thenondisclosure of classified information.(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and FurtherContinuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (orotherwise made available) under that or any other Act may be prohibited, if the Government determinesthat the Contractor is not in compliance with the provisions of this clause.(2) The Government may seek any available remedies in the event the Contractor fails to comply with theprovisions of this clause.(End of clause). 16 SAM.GOV 52.204-99 -- System for Award Management Registration (DEVIATION)Except for awards where the Govemment wide purchase card (GPC) is used as the method of payment,contracting officers shall include the attached clause 52.204-99, System for Award ManagementRegistration, in lieu of FAR clause 52.204-7, Central Contractor Registration, and DF ARS252.204-7004, Alternate A, Central Contractor Registration.System for Award Management Registration (August 2012) (DEVIATION)(a) Definitions. As used in this clause-"Central Contractor Registration (CCR) database" means the retired primary Government repository forContractor information required for the conduct of business with the Government."Commercial and Government Entity (CAGE) code" means-(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify acommercial or Government entity; or(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records andmaintains in the CAGE master file. This type of code is known as an "NCAGE code.""Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun andBradstreet, Inc. (D&B) to identify unique business entities."Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned byD&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation withthis 4-character suffix.) This 4-character suffix may be assigned at the discretion of the businessconcern to establish additional SAM records for identifying alternative Electronic Funds Transfer(EFT) accounts (see the FAR at Subpart 32.11) for the same concern."Registered in the SAM database" means that-(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4number, into the SAM database;(2) The Contractor's CAGE code is in the SAM database; and(3) The Government has validated all mandatory data fields, to include validation of the TaxpayerIdentification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record"Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4validation to the Government as a part of the SAM registration process."System for Award Management (SAM)" means the primary Government repository for prospective federalawardee information and the centralized Government system for certain contracting, grants, and otherassistance related processes. It includes-(1) Data collected from prospective federal awardees required for the conduct of business with theGovernment;(2) Prospective contractor submitted annual representations and certifications in accordance with FARSubpart 4.12; and(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, orexcluded or disqualified under the non procurement common rule by agencies, Government corporations ,or by the Government Accountability Office.(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and throughfinal payment of any contract, basic agreement, basic ordering agreement, or blanket purchasingagreement resulting from this solicitation.(2) The SAM registration shall be for the same name and address identified on the contract, with itsassociated CAGE code and DUNS or DUNS+4.(3) If indicated by the Government during performance, registration in an alternate system may berequired in lieu of SAM.(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly toobtain one.(1) A contractor may obtain a DUNS number-(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internetaccess, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. Thecontractor should indicate that it is a contractor for a U.S. Government contract when contacting thelocal Dun and Bradstreet office.(2) The Contractor should be prepared to provide the following information:(i) Company legal business name.(ii) Trade style, doing business, or other name by which your entity is commonly recognized.(iii) Company physical street address, city, state and Zip Code.(iv) Company mailing address, city, state and Zip Code (if separate from physical).(v) Company telephone number.(vi) Date the company was started.(vii) Number of employees at your location.(viii) Chief executive officer/key manager.(ix) Line of business (industry).(x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved.(e) Processing time for registration in SAM, which normally takes five business days, should be takeninto consideration when registering. Contractors who are not already registered should considerapplying for registration at least two weeks prior to invoicing.(f) The Contractor is responsible for the accuracy and completeness of the data within the SAMdatabase, and for any liability resulting from the Government's reliance on inaccurate or incompletedata. To remain registered in the SAM database after the initial registration, the Contractor isrequired to review and update on an annual basis from the date of initial registration or subsequentupdates its information in the SAM database to ensure it is current, accurate and complete. Updatinginformation in the SAM does not alter the terms and conditions of this contract and is not asubstitute for a properly executed contractual document.(g)(1)(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 agreementsin Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficientdocumentation to support the legally changed name with a minimum of one business day's writtennotification of its intention to-(A) Change the name in the SAM database;(B) Comply with the requirements of subpart 42.12 of the FAR; and(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause,or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absenceof a properly executed novation or change-of-name agreement, the SAM information that shows theContractor to be other than the Contractor indicated in the contract will be considered to beincorrect information within the meaning of the "Suspension of Payment" paragraph of the electronicfunds transfer (EFT) clause of this contract.(2) The Contractor shall not change the name or address for EFT payments or manual payments, asappropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (seeFAR 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 madeby EFT, to an ultimate recipient other than that Contractor will be considered to be incorrectinformation within the meaning of the "Suspension of payment" paragraph of the EFT clause of thiscontract.(h) Contractors may obtain information on registration and annual confirmation requirements via theSAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 forinternational calls.(End of Clause) Questions must be emailed to the attention of Ben Carlson. The email address is Ben.Carlson@noaa.gov , 206-526-4321.  

B--Environmental Compliance Support Services at Yakima Training Center (YTC), Washington.

Department of the Army, U.S. Army Corps of Engineers | Published March 5, 2015  -  Deadline March 31, 2015
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Solicitation No. W912DW-15-R-0020 Posted Date: 5 March 2015 Notice Type: Pre-Solicitation Notice Set Aside: 8(a) Small Business Set-aside Classification Code: B510 - Environmental Assessments NAICS Code: 541620 - Environmental Consulting Services Synopsis: Environmental Compliance Support Services at Yakima Training Center (YTC), Washington. This synopsis is not a request for quotes or proposals. This is a pre-solicitation notice that a solicitation is scheduled to be released via FedBizOpps (www.fbo.gov) in the near future detailing requirements for performing programmatic Environmental Compliance support Services for Yakima Training Center (YTC), Washington. This announcement is for information and planning purposes only and is not to be construed as a commitment by the Government, implied or otherwise, to issue a solicitation or award a contract. The U.S. Army Corps of Engineers, Seattle District (NWS) intends to issue a Solicitation for the professional Environmental Compliance support Services to be performed at Yakima Training Center (YTC), Washington. This acquisition is 8(a) Small Business set-aside and will be issued as a Request for Proposal which will result in the award of a single Firm Fixed Price (FFP) non-personal services contract. The Solicitation will be available on or about 30 March 2015 on the Federal Business Opportunities (FBO) website at www.fbo.gov. Proposals will be due approximately 30 days later. The solicitation, including any amendments, shall establish the official opening and closing dates and times. The requirement to be procured is for Environmental Compliance support Services at Yakima Training Center (YTC), Washington. The contractor will provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform programmatic Environmental Compliance as defined by the National Environmental Policy Act (NEPA). Specific programs supported by this action will include: Air & Water Pollution Prevention (P2), Cultural Resource, Wildlife, Natural Resources, Solid Waste, Resource Conservation and Recovery Act (RCRA), Sustainability and Toxic Substances. The estimated overall period of performance for this acquisition will comprise of a base period of six (6) months plus four (4) one-year option periods. The Government will accept proposals from all certified 8(a) small business offerors that qualify under NAICS code 541620 with a size standard of $15,000,000.00. The solicitation will be a Best Value Procurement conducted in accordance with procedures outlined in Federal Acquisition Regulation (FAR) Part 15. This announcement serves as the advance notice for this project. To view or download the solicitation requires registration at the Federal Business Opportunities (FBO) website at www.fbo.gov. Downloads are available only through the FBO website. The Government will post the RFP and specifications on the FBO site and it will be password protected. Any amendments will only be available from the FBO website. Offerors are responsible for checking the FBO website frequently for any update(s) to this Pre-Solicitation Announcement or amendments to the Solicitation. The website is occasionally inaccessible due to maintenance. The Government is not responsible for any loss of internet connectivity or for an offerors inability to access the document(s) at the referenced website. POINT-OF-CONTACT: The point-of-contact for administrative or contractual questions is Ms. N. Little at natanielle.l.little@usace.army.mil. All questions must be submitted in writing to the above point-of-contact. Contracting Office Address: USACE District, Seattle, ATTN: CENWS-CT, PO Box 3755, Seattle, WA 98124-3755 Place of Performance: Yakima Training Center, Yakima and Kittitas Counties, Washington

HARDWARE THAT RETAINS FILTERS WITHIN A ROBOTIC SAMPLER & ANALYZER CALLED THE ENVIRONMENTAL SAMPLE PROCESSOR � SEE LIST AND QUANTITIES WITHIN SOLICITIATON

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published July 1, 2016  -  Deadline July 11, 2016
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COMBINED SYNOPSIS/SOLICITATIONHARDWARE THAT RETAINS FILTERS WITHIN A ROBOTIC SAMPLER & ANALYZER CALLED THE ENVIRONMENTAL SAMPLE PROCESSOR - SEE LIST AND QUANTITIES WITHIN SOLICITIATON (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NFFP7210-16-03275SRG. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88. (IV) This solicitation is being issued as a total small business set-aside. The associated NAICS code is 332721. The small business size standard is 500 employees. (V) This combined solicitation/synopsis is for purchase of the following commercial services and products:CLIN 0001 - HARDWARE THAT RETAINS FILTERS WITHIN A ROBOTIC SAMPLER & ANALYZER CALLED THE ENVIRONMENTAL SAMPLE PROCESSOR - SEE LIST AND QUANTITIES WITHIN SOLICITIATON (VI) Description of requirements is as follows:CLIN 0001 - HARDWARE THAT RETAINS FILTERS WITHIN A ROBOTIC SAMPLER & ANALYZER CALLED THE ENVIRONMENTAL SAMPLE PROCESSOR - SEE LIST AND QUANTITIES WITHIN SOLICITIATON AND ATTACHED SPECIFICATION SHEETS. THIS IS AN ALL OR NONE PURCHASE SCOPESTATEMENT OF WORK (SOW)DEPARTMENT OF COMMERCE (DOC)NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)NATIONAL MARINE FISHERIES SERVICE (NMFS)NORTHWEST FISHERIES SCIENCE CENTER (NWFSC) PURCHASE REQUEST NFFP7210-16-03275 1.0 Organization 1.1 Organization: The Northwest Fisheries Science Center (NWFSC), of the National Marine Fisheries Service (NMFS), National Oceanic & Atmospheric Administration (NOAA), Department of Commerce (DOC), is a government agency charged with the mission of stewardship for living marine resources. 1.2 Background and Objective: The ability to rapidly detect both microalgae that produce harmful toxins & the toxins themselves is a growing national & global need to ensure safe seafood and water. On the west coast of the US, increasing occurrence of harmful algal blooms (HABs) has resulted in increased closures of recreational & commercial shellfish beds for harvest (Moore et al. 2009. Harmful Algae 8:463). Collecting & analyzing water samples with higher resolution than feasible with manual methods permit a greater level of protection by serving as an early-warning system. NWFSC has obligated to position a robotic water sampler & analyzer at an off-shore location for early detection of HABs at the Washington coast (NOAA award #NA14NOS0120149, entitled "Operational Ecological Forecasting of Harmful Algal Blooms in the Pacific Northwest Using an Environmental Sample Processor"). The robotic device, developed by the Monterey Bay Aquarium Research Institute, is the Environmental Sample Processor (ESP). 1.3 Products/Deliverables Required and Specifications 1.4 Purchase hardware that retains filters within a robotic sampler & analyzer called the Environmental Sample Processor (ESP). This hardware (hereafter referred to as "pucks") holds membranes onto which water samples are filtered, & DNA or toxin is extracted from the filtrate by the ESP. Pucks also hold membranes bearing probes for microalgae that produce biotoxins or for the biotoxins. Description: The hardware to be purchased are custom, reusable, two-piece, titanium containers for sample collection & processing called "pucks". They provide solid support for filters or probe arrays, & each puck has two openings through which fluid enters & exits to allow flow of sample or reagents. Pucks have two different external presentations & several different interior designs, depending on the collection or assay type. Pucks must be milled to high accuracy because they are handled by close tolerance robotic arms. Overall specifications are described in the following bullets:• Milled from grade 2 titanium with a minimum 16 finish on interior surfaces & minimum 32 finish on exterior surfaces (see attached drawings for details).• Adhere to the engineering design standard & tolerances delineated in the attached drawings & specifications for parts # 1003462, 1003468, 1003466, 1003471, 1003464, 1003469, 1003465, & 1003470 (8 attached pages).• Compatible & operational with the Environmental Sample Processor 2G. • Sealing & snap grooves in pucks must accommodate the following O-ring specifications, by puck typePuck type Sealing O-ring Snap O-ringSH1 #2-020 Buna N Shore 50 #2-021 Buna N Shore 70SAF #2-020 Buna N Shore 50 #2-021 Buna N Shore 70LAF #2-020 Buna N Shore 50 #2-021 Buna N Shore 70WCR #2-020 Buna N Shore 50 #2-021 Buna N Shore 70 • The quantity to be purchased of each part is:Part # Description Quantity1003462 SH1 puck top 1651003468 SH1/SH1 HV puck bottom 1651003466 SAF puck top 351003471 SAF puck bottom 351003464 LAF puck top 401003469 LAF puck bottom 401003465 WCR puck top 1351003470 WCR puck bottom 135 • At least one sample of each part must be provided to requester for inspection & compatibility assurance with existing equipment before authorization to fill the purchase request. • Include estimated shipping charges, if any, in the proposal. Delivery to NOAA, Northwest Fisheries Science Center, 2725 Montlake Blvd E., Seattle, WA 98112. 2.0 Warranty2.1 Hardware must pass visual & tolerance inspection by a mechanical engineer chosen by Northwest Fisheries Science Center & demonstrated to operate with the Environmental Sample Processor 2G.   (VII) DELIVERY WILL BE TO US DOC NOAA NFMS NWFSC, MONTLAKE FACILITY, NMFS 2725 MONTLAKE BLVD E., SEATTLE, WA 98112. DELIVERY SHALL BE FOB DESTINATION BY 11/1/2016 OR SOONER. (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (OCT 2015), applies to this acquisition. This is a Best Value Acquisition. NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror. Quotes shall be fully executed and returned on the Standard Form (SF) 18 or your own company quote form and any acknowledgements of solicitation amendments on the SF 30 or provided within the text of the posting. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable (preferred) and can be sent to Suzanne Garrett, email suzanne.garrett@noaa.gov or Faxed to 303-497-3163. At a minimum the contractor shall provide the following information:a) Point of contact name, telephone and E-mail address.b) DUNS Number   "THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT". 1352.215-72 Inquiries (APR 2010)OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING TO SUZANNE.GARRETT@NOAA.GOV and to Doris.P.Turner@noaa.gov 303-497-3872. QUESTIONS SHOULD BE RECEIVED NO LATER THAN 4:00 P.M. MDT/MST, 7/7/2016. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of clause) (IX) FAR 52.212-2, Evaluation - Commercial Items (OCT 2014), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a) 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: 1. Price2. Meeting the Period of Performance due date.3. Meeting technical capabilities. Proven ability to provide equipment that meets or exceeds the specifications listed in the scope. a. Performance of productb. Quality of materials.c. Warranty of equipment and parts. 4. THIS IS AN ALL OR NONE PURCHASE (X) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (APR 2016), with its quote. As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications-Commercial Items (OCT 2015) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program."Forced or indentured child labor" means all work or service-(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties."Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner."Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees."Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-(1) PSC 5510, Lumber and Related Basic Wood Materials;(2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials;(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture."Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan;(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or(6) Have been voluntarily suspended."Sensitive technology"-(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-(i) To restrict the free flow of unbiased information in Iran; or(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"-(1) Means a small business concern-(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation."Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition."Subsidiary" means an entity in which more than 50 percent of the entity is owned-(1) Directly by a parent corporation; or(2) Through another subsidiary of a parent corporation."Veteran-owned small business concern" means a small business concern-(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans."Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women."Women-owned small business concern" means a small business concern-(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and(2) Whose management and daily business operations are controlled by one or more women."Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.(d) Representations required to implement provisions of Executive Order 11246-(1) Previous contracts and compliance. The offeror represents that-(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and(ii) It □ has, □ has not filed all required compliance reports.(2) Affirmative Action Compliance. The offeror represents that- (i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Canadian End Products:Line Item No._____________________________________________________________________________________________________________________[List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Canadian or Israeli End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.Other End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.(i) Taxes are considered delinquent if both of the following criteria apply:(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at .] (1) Listed end products. Listed End Product Listed Countries of Origin___________________ ______________________________________ ___________________(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] □ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.□ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or(2) □ Outside the United States.(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] □ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. □ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies-(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). □ TIN: ________________________________.□ TIN has been applied for.□ TIN is not required because:□ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;□ Offeror is an agency or instrumentality of a foreign government;□ Offeror is an agency or instrumentality of the Federal Government.(4) Type of organization. □ Sole proprietorship;□ Partnership;□ Corporate entity (not tax-exempt);□ Corporate entity (tax-exempt);□ Government entity (Federal, State, or local);□ Foreign government;□ International organization per 26 CFR 1.6049-4;□ Other ________________________________.(5) Common parent. □ Offeror is not owned or controlled by a common parent;□ Name and TIN of common parent:Name ________________________________.TIN _________________________________.(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations.(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and(ii) It is not a subsidiary of an inverted domestic corporation.(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products.(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation.(1) The Offeror represents that it o has or o does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:Immediate owner CAGE code: ____________________.Immediate owner legal name: _____________________.(Do not use a "doing business as" name)Is the immediate owner owned or controlled by another entity: □ Yes or □ No.(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:Highest-level owner CAGE code: __________________.Highest-level owner legal name: ___________________.(Do not use a "doing business as" name)(End of provision)Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)____ Black American.____ Hispanic American.____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).____ Individual/concern, other than one of the preceding. The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/. (XI) THE CLAUSE AT FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) APPLIES TO THIS ACQUISITION. (XII) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JUN 2016)(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:[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).
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