MOD | 81 | Shipping Boxes - Salient Characteristics - Box Drawings

FBO DAILY ISSUE OF AUGUST 03, 2011 FBO #3539
MODIFICATION

81 -- Shipping Boxes - Salient Characteristics - Box Drawings

Notice Date: 8/1/2011
Notice Type: Modification/Amendment
NAICS: 322211 — Corrugated and Solid Fiber Box Manufacturing
Contracting Office: Department of Health and Human Services, National Institutes of Health, Office of Administration, 6011 Executive Blvd, 5th Floor, Rockville, Maryland, 20852-3804, United States
ZIP Code: 20852-3804
Solicitation Number: NIHOD2011281
Point of Contact: Terita R Stevenson, Phone: 301-402-3727
E-Mail Address: stevenst@od.nih.gov
(stevenst@od.nih.gov)
Small Business Set-Aside: Total Small Business
Description: Box Drawings Salient Characteristics This is an amendment to add the box drawings and revised Salient Characteristics. 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. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. II.: The solicitation number is IFB- NIHOD2011281 and solicitation is issued as a Invitation for a Bid (IFB). III.: The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-53, effective 7/5/2011. IV.: The North American Industry Classification (NAICS) is 322211 and the Standard Size is 500 employees. V.: A list of contract line item number(s) and items, quantities and units of measure, (including option(s), option years). Base contract period: October 1, 2011 through September 30, 2012 Estimated Unit Quantity Unit Price Amount 1. BOX, Shipping: Shall be corrugated shipping boxes measuring 24x14x12" (60.96x35.5x30.48cm) meeting the specifications set forth herein. 20 boxes/bundle NSN #8115-00-435-4179. 2418 BD $ $________ 2. BOX, Records Storage: Shall be Corrugated boxes measuring 15x12x10" (38.10x30.48x25.40 cm) Meeting the specifications set forth herein. 15 boxes/bundle NSN #8115-00-117-8249. 602 BD $ $ _________ 3. BOX, Shipping: Shall be corrugated shipping boxes measuring 12x12x12" (30.48x30.48x30.48"cm) meeting the Specifications set forth herein. 25 boxes/bundle NSN #8115-00-290-3370. 167 BD $ $_________ Estimated Unit Quantity Unit Price Amount 4. BOX, Shipping: Shall be corrugated shipping boxes measuring 18x14x18" (45.72x35.56x45.72cm) meeting the Specifications set forth herein. 25 boxes/bundle NSN #8115-00-179-0580. 266 BD $ $________ 5. BOX, Shipping: Shall be corrugated shipping boxes measuring 18x12x10" (45.72x30.48x25.40cm). Shall be in Accordance with NIH Description NIH-07-103b or latest in effect and the Specifications set forth herein. 25 boxes/bundle NSN #8115-00-179-0579. 97 BD $ $________ 6. BOX, Animal Shipping: Shall be corrugated boxes measuring10x6x9" (25.40x15.24x22.86 cm) meeting the Specifications set forth herein. 25 boxes/bundle NSN #8115-01-045-2125. 552 BD $ $________ 7. BOX, Animal Shipping with filter: Shall be corrugated boxes measuring 10x6x9" (25.40x15.24x22.86cm) meeting the specifications set forth herein 15 boxes/bundle NSN #8115-00-L04-0816 2052 BD $ $________ 8. BOX, Animal Shipping with filter: Shall be corrugated boxes measuring 6-5/16x6-5/16x6 3/4 (16.03x16.03x17.15cm) meeting the specifications set forth herein 15 boxes/bundle NSN #8115-00-L04-0817 4505 BD $ $________ Total Base Year $________ $________ Option Period One: through _________________ (Specific dates to be completed at time of award) Estimated Unit Quantity Unit Price Amount 1. BOX, Shipping: Shall be corrugated shipping boxes measuring 24x14x12" (60.96x35.5x30.48cm) meeting the specifications set forth herein. 20 boxes/bundle NSN #8115-00-435-4179. 2491 BD $ $________ 2. BOX, Records Storage: Shall be Corrugated boxes measuring 15x12x10" (38.10x30.48x25.40 cm) Meeting the specifications set forth herein. 15 boxes/bundle NSN #8115-00-117-8249. 620 BD $ $ _________ 3. BOX, Shipping: Shall be corrugated shipping boxes measuring 12x12x12" (30.48x30.48x30.48"cm) meeting the Specifications set forth herein. 25 boxes/bundle NSN #8115-00-290-3370. 172 BD $ $_________ 4. BOX, Shipping: Shall be corrugated shipping boxes measuring 18x14x18" (45.72x35.56x45.72cm) meeting the Specifications set forth herein. 25 boxes/bundle NSN #8115-00-179-0580. 274 BD $ $________ 5. BOX, Shipping: Shall be corrugated shipping boxes measuring 18x12x10" (45.72x30.48x25.40cm). Shall be in Accordance with NIH Description NIH-07-103b or latest in effect and the Specifications set forth herein. 25 boxes/bundle NSN #8115-00-179-0579. 100 BD $ $________ Estimated Unit Quantity Unit Price Amount 6. BOX, Animal Shipping: Shall be corrugated boxes measuring10x6x9" (25.40x15.24x22.86 cm) meeting the Specifications set forth herein. 25 boxes/bundle NSN #8115-01-045-2125. 585 BD $ $________ 7. BOX, Animal Shipping with filter: Shall be corrugated boxes measuring 10x6x9" (25.40x15.24x22.86cm) meeting the specifications set forth herein 15 boxes/bundle NSN #8115-00-L04-0816 2131 BD $ $________ 8. BOX, Animal Shipping with filter: Shall be corrugated boxes measuring 6-5/16x6-5/16x6 3/4 (16.03x16.03x17.15cm) meeting the specifications set forth herein 15 boxes/bundle NSN #8115-00-L04-0817 4374 BD $ $________ Total Option Period One $________ $________ Option Period Two: through ________________ (Specific dates to be completed at time of award) Estimated Unit Quantity Unit Price Amount 1. BOX, Shipping: Shall be corrugated shipping boxes measuring 24x14x12" (60.96x35.5x30.48cm) meeting the specifications set forth herein. 20 boxes/bundle NSN #8115-00-435-4179. 2566 BD $ $________ 2. BOX, Records Storage: Shall be Corrugated boxes measuring 15x12x10" (38.10x30.48x25.40 cm) Meeting the specifications set forth herein. 15 boxes/bundle NSN #8115-00-117-8249. 639 BD $ $ _________ 3. BOX, Shipping: Shall be corrugated shipping boxes measuring 12x12x12" (30.48x30.48x30.48"cm) meeting the Specifications set forth herein. 25 boxes/bundle NSN #8115-00-290-3370. 177 BD $ $_________ 4. BOX, Shipping: Shall be corrugated shipping boxes measuring 18x14x18" (45.72x35.56x45.72cm) meeting the Specifications set forth herein. 25 boxes/bundle NSN #8115-00-179-0580. 282 BD $ $________ 5. BOX, Shipping: Shall be corrugated shipping boxes measuring 18x12x10" (45.72x30.48x25.40cm). Shall be in Accordance with NIH Description NIH-07-103b or latest in effect and the Specifications set forth herein. 25 boxes/bundle NSN #8115-00-179-0579. 103 BD $ $________ Estimated Unit Quantity Unit Price Amount 6. BOX, Animal Shipping: Shall be corrugated boxes measuring10x6x9" (25.40x15.24x22.86 cm) meeting the Specifications set forth herein. 25 boxes/bundle NSN #8115-01-045-2125. 603 BD $ $________ 7. BOX, Animal Shipping with filter: Shall be corrugated boxes measuring 10x6x9" (25.40x15.24x22.86cm) meeting the specifications set forth herein 15 boxes/bundle NSN #8115-00-L04-0816 2195 BD $ $________ 8. BOX, Animal Shipping with filter: Shall be corrugated boxes measuring 6-5/16x6-5/16x6 3/4 (16.03x16.03x17.15cm) meeting the specifications set forth herein 15 boxes/bundle NSN #8115-00-L04-0817 4505 BD $ $________ Total Option Period Two $________ $________ Total Base Year + Two Option Periods $________ $________ VI.: BRIEF DESCRIPTION OF SUPPLIES OR SERVICES The National Institute of Health, Office of Acquisitions, Office of Logistics and Acquisition Operations, OLAO ) seeks to procure Shipping Boxes. Description of the requirement, point of contact, applicable clauses and terms and conditions are included in the attached and in Statement of Work (SOW). INSTRUCTIONS, CONDITIONS, AND NOTICES TO QUOTERS •A. GENERAL INFORMATION 1. PURPOSE This Invitation for a Bid (IFB) solicits proposals to provide Shipping Boxes. The requirements are described in the attached Statement of Work. 2. BACKGROUND The NIH's Gaithersburg Distribution Center (GDC) serves as a staging area for receipt, storage and distribution of consumable products used in furthering the mission of the NIH. On occasion, non-NIH government agencies also purchase products from the GDC. The GDC warehouse primarily receives stores and distributes material used in furthering the medical/research mission of the NIH. Products include, but are not limited to: consumable items for use in research laboratories, cleaning supplies, office products, chemicals, and medical supplies. The NIH is seeking a contract with a qualified vendor whom will provide the necessary labor and operational expertise to efficiently and effectively facilitate Shipping Boxes. The vendor chosen for this contract is expected to provide all necessary personnel management expertise necessary to address all related product to the satisfaction of the Government. The Government shall be the final determinant regarding whether services provided are satisfactory for the mission of the NIH. The NIH Supply Center currently provides a convenient ordering mechanism for stockroom customers to order shipping boxes. Every delivery must be coordinated in advance, at least one business day prior to shipping, with the NIH, GDC, and Customer Service Department at (301) 496-9156. Unless otherwise specified, deliveries shall be made to the delivery point specified below Monday through Friday, excluding Federal Holidays, between 8:30 a.m. and 3:30 p.m. only. If there is heavy snow the day of the scheduled delivery, please contact the NIH, GDC, and Customer Service department at (301) 496-9156 to ensure that the NIH is open, if closed, delivery will be made on the following workday. The day for delivery will be in accordance with the delivery schedule faxed with each order. Trucks arriving after the specified time will not be allowed to remain overnight at the delivery point and must return the following day for unloading. Supplies scheduled for delivery on a Federal Holiday should be made the following workday. Satisfactory performance of this contract shall be deemed to occur upon delivery and acceptance by the Contracting Officer or the duly authorized representative of the item(s) described herein. Deliveries shall be made f.o.b. destination, within consignee's premises to the following locations: Deliver to National Institutes of Health Gaithersburg Distribution Center 16050 Industrial Drive, Main Warehouse Gaithersburg, MD 20877 (301) 496-9156 The government requires delivery to made within 7 calendar days from the date the contractor receives an order. Descriptive Literature to be submitted as part of solicitation (a) "Descriptive literature," as used in this provision, means information furnished by a bidder, such as cuts, illustrations, drawings, and brochures, that shows a product's characteristics or construction or explains its operation. The term includes only that information required to evaluate the acceptability of the product and excludes other information for operating or maintaining the product. (b) Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as -- (1) Design; (2) Materials; (3) Components; (4) Performance characteristics; and (5) Methods of manufacture, assembly, construction, or operation. (c) Descriptive literature, required elsewhere in this solicitation, shall be -- (1) Identified to show the item(s) of the offer to which it applies; and (2) Received by the time specified in this solicitation. (d) If the bidder fails to submit descriptive literature on time, the Government will reject the bid, except that late descriptive literature sent by mail may be considered under the Late Submissions, Modifications, and Withdrawals of Bids provision of this solicitation. (e) If the descriptive literature fails to show that the product offered conforms to the requirements of the solicitation, the Government will reject the bid. SAMPLE REQUIREMENT Bid Samples to be submitted after contract award upon request (a) "Bid sample" means a product sample required to be submitted by a bidder to show those characteristics of the offered products that cannot adequately be described by specifications, purchase descriptions, or the invitation for bid ( e.g., balance, facility of use, or pattern). (b) Bidders must furnish bid samples as part of the bid, upon request once the reverse auction has closed and the bidder has been contacted to do so. The Government must receive the bid samples by the time specified once requested. Maximum of 30 days will be required. If the bidder fails to submit samples on time, the Government will reject the bid and move to the next lowest bidder, except that the Contracting Officer will consider a late sample sent by mail under the Late Submissions, Modifications, and Withdrawals of Bids provision of this solicitation. (c) The Government will test or evaluate bid samples to determine compliance with all the characteristics listed for examination in this solicitation. The Government will reject the bid when the sample fails to conform to the required characteristics, and move to the next lowest bidder. Products delivered under any resulting contract must conform to - (1) The approved sample for the characteristics listed for test or evaluation; and (2) The specifications for all other characteristics. (d) Unless otherwise specified in the solicitation, bid samples shall be -- (1) Submitted at no expense to the Government; and (2) Returned at the bidder's request and expense, unless they are destroyed during post award testing. Vendors will be required to submit a sample. The samples shall be labeled and packaged as stated below. Bidders failing to submit properly labeled and packaged samples will be considered non-responsive and will be rejected. See paragraphs below for a full description of the evaluation/qualification process. A single box/item (for each line item requested) shall be furnished at no expense to the Government as part of the submission. The sample will remain the property of the Government and will not be returned. All samples shall be received on or before the time designated for the initial response when notified by the Contract Specialist. Samples shall be tagged showing the Solicitation Number, Contractor's name and the word "Sample". The samples shall be mailed or delivered to: National Institutes of Health, Office of Acquisition (OLAO), ATTN: Terita Stevenson, 6011 Executive Blvd., Room 539C, Rockville, Maryland 20852 and must be received by the date and time requested. Samples will be evaluated to determine compliance with quality, workmanship and other product requirements as specified in this solicitation. NOTE: IF YOU HAVE SAMPLES SENT DIRECTLY TO THE NIH BY THE MANUFACTURER, THEY MUST STILL COMPLY WITH ALL OF THE ABOVE LABELING INSTRUCTIONS FOR BID SAMPLES. Only those vendors whose proposed products are determined to meet the salient characteristics delineated in this solicitation through the evaluation process and who also provide the following information (BY THE DATE AND TIME DESIGNATED FOR RECEIPT OF INITIAL BID RESPONSES IN BLOCK 8 OF SF 1449) with their initial bid submission will be invited to participate in the reverse auction: a. A signed SF 1449 b. A completed copy of the Representations and Certifications c. Descriptive Literature as described above in the paragraph entitled Descriptive Literature, which are determined by the Government to meet ALL of the salient characteristics, outlined above. 3. METHOD OF ACQUISITION The Government intends to acquire the necessary supplies by awarding a contract in accordance with FAR Part 12, Simplified Acquisition Procedures through Fed Biz Ops ( www.fbo.gov ). This requirement is being processed under open market ordering procedures for shipping boxes established in accordance with Federal Acquisition Regulation (FAR) 13 for the acquisition of commercial items (Ref. FAR Part 12). 4. NUMBER OF AWARDS It is anticipated that a single award may occur due to this solicitation and that the award will be made on/about October 1, 2011 will be made from this solicitation as an indefinite delivery, firm fixed price, type contract. 5. DATE OF AWARD It is anticipated that the award will be made on/about October 1, 2011. [DESCRIPTION-SPECIFICATION-WORKSTATEMENT-STATEMENT OF WORK] Independently, and not as an agent of the Government, the Contractor shall furnish Shipping Boxes. Article C.1 - Salient Characteristics for Items 1- 8: SALIENT CHARACTERISTICS FOR ITEM NUMBER 1. DESCRIPTION: Box, Shipping NSN# 8115-00-435-4179 1. Shall be designed in accordance with attached drawing for Item #1. 2. Shall be constructed of corrugated, single wall, double-faced smooth mil finish fiberboard. 3. Shall be folded flat. 4. Set up size shall measure 24" L x14" W x 12" H (60.96cm x 35.56cm x 30.48cm) nominal. 5. Shall have adhesive body joint, and shall be self-locking (no taping). 6. Shall have tuck-in bottom and top. 7. Shall have a gross weight limit of 65 lbs. (29.48 kg). 8. Shall pass the 200 PSI bursting strength test. Box certification identifying the PSI shall be printed on bottom flap. 9. Shall have bottom outer flaps with full overlap and center scored to provide for tuck-in fold. 10. Bottom inner flaps shall be the same length as the outer flaps and center slotted to receive outer flaps and center slotted to receive outer flap tuck-in. 11. When set-up the bottom shall consist of three plies except inner flaps shall overlap approximately 4-1/2" (11.43cm). 12. The top outer and inner flaps shall be 9" (22.86cm) long. 13. The top outer flaps shall be scored 2" (5.08cm) from edge to provide for tuck-in fold. 14. Top inner flaps shall be center slotted to receive outer flap tuck-in. 15. Shall have hand holes in both ends and centered side-to-side 3" (7.62cm) from the top of box. 16. Shall be packaged 20 boxes per bundle, 7 bundles per skid (4-way wood pallet, measuring 40" x 48") NTE 55" (139.70cm) height including pallet. Bundles shall be banded to the skid. 17. Each box shall be individually bar coded in accordance with NIH Std 6, latest in effect. See attachment. The bar code when scanned shall read the 13 digit National Stock Number (NSN) #8115-00-435-4179. SALIENT CHARACTERISTICS FOR ITEM NUMBER 2. DESCRIPTION: Box, Shipping NSN # 8115-00-117-8249 1. Shall be designed in accordance with attached drawing for Item #2. 2. Shall be constructed of corrugated, single wall fiberboard with a smooth mil finish. 3. Shall be used for record storage. 4. Shall feature lapped joints secured by wire stitching. 5. Gross weight limit shall be 90 lbs. (40.82kg). 6. Shall be folded flat. 7. Shall be a lock-bottom box with two (2) die-cut hand holes, one at each end. 8. The exterior shall be bleached white in color. 9. Shall measure 15" L x 12" W x 10" D (38.10cm x 30.48cm x 25.40cm). 10. Shall pass 250 PSI bursting strength test. Box certification identifying the PSI shall be printed on bottom flap. 11. Each box shall be individually bar coded in accordance with NIH Std 6, latest in effect. See attachment. The bar code when scanned shall read the 13 digit National Stock Number (NSN) #8115-00-117-8249. 12. Shall be packaged 15 boxes per bundle, 16 bundles (standing on edge) per skid (4-way wood pallet, measuring 40" x 48"), not to exceed 55" (139.70cm) in height, including pallet. 13. The following instructions shall be printed in black ink (letters measuring at least ¼") on opposite long sides of the assembled box and shall include the exact wording as specified below: Instructions Do not obscure box numbers or accession number with tape. Use black felt tip marker. Make numbers 1 ½ inches high. Pack boxes with records only. Records must be in order by name, number, or date facing the labeled end of box. 14. One end (with hand hole) shall have the following information printed in black ink: Accession Number Agency Box Number ___ ___ ___. ___ ___ # _______ of ________ 15. The remaining end (with Hand Hole) shall have the following information printed in black ink: DO NOT WRITE ON THIS END 16. All ink used to print the bar code and the instructions shall be a permanent/non-washable type. SALIENT CHARACTERISTICS FOR ITEM NUMBER 3. DESCRIPTION: Box, Shipping NSN# 8115-00-290-3370 1. Shall be designed in accordance with attached drawing for Item #3. 2. Shall be constructed of corrugated, single wall fiberboard with a smooth mil finish. 3. Outer flaps shall meet at both top and bottom. 4. Joint shall be lapped and glued inside only. 5. Gross weight limit shall be 90 lbs. (40.82kg). 6. Shall be folded flat and regular slotted. 7. Shall measure 12" L x 12" W x 12" D (30.48cm x 30.48cm x 30.48cm). 8. Shall pass 200 PSI bursting strength test. Box certification identifying the PSI shall be printed on bottom flap. 9. Shall be packaged 25 boxes per bundle, 20 bundles per skid (4-way wood pallet measuring 40" x 48"), NTE 55" (139.70cm) in height, including pallet. 10. Each box shall be individually bar coded in accordance with NIH Std 6, latest in effect. See attachment. The bar code when scanned shall read the 13 digit National Stock Number (NSN) #8115-00-290-3370. SALIENT CHARACTERISTICS FOR ITEM NUMBER 4. DESCRIPTION: Box, Shipping NSN# 8115-00-179-0580 1. Shall be designed in accordance with attached drawing for Item #4. 2. Shall be flat fold, corrugated fiberboard. 3. Shall be regular slotted. 4. Set-up size shall measure 18" L x 14" W x 18" D, (45.72cm L x 35.56cm W x 45.72cm D). 5. Shall be 275 PSI bursting strength test. Box certification identifying the PSI shall be printed on bottom flap. 6. Shall be packaged 25 boxes per bundle, flat folded and banded 10 bundles per skid (4-way wood pallet, measuring 40" x 48"). Five (5) of the bundles shall be banded together to form 2 larger bundles per pallet. The larger bundles shall be stacked on the pallet standing on edge with the height not to exceed 55" (139.70cm), pallet included. 7. Each box shall be individually bar coded in accordance with NIH Std 6, latest in effect. See attachment. The bar code when scanned shall read the 13 digit National Stock Number (NSN) #8115-00-179-0580. SALIENT CHARACTERISTICS FOR ITEM NUMBER 5. DESCRIPTION: Box, Shipping NSN# 8115-00-179-0579 1. Shall be designed in accordance with attached drawing for Item #5. 2. Shall be constructed of corrugated single wall fiberboard with a smooth mil finish. 3. Shall be flat folded. 4. Shall be 125 PSI bursting strength test. Box certification identifying the PSI shall be printed on bottom flap. 5. Set-up size shall measure 18" L x 12" W x 10" H (45.72cm L x 30.48cm W x 25.40cm H). 6. Shall be in accordance with NIH Specification 07-103B, or latest in effect. See attachment. 7. Shall be packaged 25 boxes per bundle, per skid (4-way wood pallet, measuring 40" x 48"), not to exceed 55" (139.70cm) in height, pallet included. 8. Each box shall be individually bar coded in accordance with NIH Std 6, latest in effect. See attachment. The bar code when scanned shall read the 13 digit National Stock Number (NSN) #8115-00-179-0579. SALIENT CHARACTERISTICS FOR ITEM NUMBER 6. DESCRIPTION: Box, Animal Shipping NSN# 8115-01-045-2125 •1. Shall be designed for the shipment of live animals in accordance with attached drawing for Item #6. •2. Shall be constructed of single wall corrugated fiberboard (double faced). •3. Shall have a smooth mil finish. •4. Shall be 200 PSI bursting strength test. Box certification identifying the PSI shall be printed on bottom flap. •5. Shall have a gross weight limit of 65 lbs. (29.48 kg.). •6. Shall be C flute, joint lapped and only inside shall be stapled. •7. Shall be folded flat. •8. Set-up size shall measure 10" L x 6" W x 9" H (25.40 cm. L x 15.24 cm. W x 22.86 cm. H). •9. Shall be without filter. •10. Shall be packaged 25 boxes per bundle, 24 bundles per skid (4-way wood pallet, measuring 40" x 48"), not to exceed 55" (139.70cm) in height, including pallet. 11. Each box shall be individually bar coded in accordance with NIH Std 6, latest in effect. See attachment. The bar code when scanned shall read the 13 digit National Stock Number (NSN) #8115-01-045-2125. 12. Shall include slotting in accordance with NIH drawing number 4-0815, Detail A. See attachment. 13. The location of printed information and rodent picture shall be in accordance with attached drawing for Item #6, detail A, so as not to be hidden by flaps when box is in the folded up condition. See attachment. SALIENT CHARACTERISTICS FOR ITEM NUMBER 7. DESCRIPTION: Box, Animal Shipping w/filter NSN# 8115-00-L04-0816 •1. Shall be designed for the shipment of live animals in accordance with attached drawing for Item #7. •2. Shall be constructed of single wall corrugated fiberboard (double faced). •3. Shall have a smooth mil finish. •4. Shall be 200 PSI bursting strength test. Box certification identifying the PSI shall be printed on bottom flap. •5. Shall have a gross weight limit of 65 lbs. (29.48 kg.). •6. Shall be C flute, joint lapped and only inside shall be stapled. •7. Shall be folded flat. •8. Set-up size shall measure 10" L x 6" W x 9" H (25.40 cm. L x 15.24 cm. W x 22.86 cm. H). •9. Shall include 4 screen filters attached. a. filter frame must be ABS-Styrene with.030 thickness and a nominal size of 7" X 4" (17.78cm X 10.16cm) with filter laminated onto frame. b. filter paper must be BMR with 6oz. bulk and electro statically enhanced. c. must be 5 mil with MD7 and CD.8, PSI 6 and CFM 750 with efficiency of 99.9% on Ashrae test 52.2. d. wire must be alloy mesh.025 with.011 to.001 in diameter with PSI 45,000 and openness 80 to 85%. e. filters shall be laminated by hand to die cut carton with non-toxic glue. •10. Shall be packaged 15 boxes per bundle, 16 bundles per skid (4-way wood pallet, measuring 40" x 48"), not to exceed 55" (139.70cm) in height, including pallet. 11. Each box shall be individually bar coded in accordance with NIH Std 6, latest in effect. See attachment. The bar code when scanned shall read the 13 digit National Stock Number (NSN) #8115-00-L04-0816. 12. The location of printed information and rodent picture shall be in accordance with attached drawing for Item #7, detail A, so as not to be hidden by flaps when box is in the folded up condition. See attachment. SALIENT CHARACTERISTICS FOR ITEM NUMBER 8. DESCRIPTION: Box, Animal Shipping w/filter NSN# 8115-00-L04-0817 •1. Shall be designed for the shipment of live animals in accordance with attached drawing for Item #8. •2. Shall be constructed of single wall corrugated fiberboard (double faced). •3. Shall have a smooth mil finish. •4. Shall be 200 PSI bursting strength test. Box certification identifying the PSI shall be printed on bottom flap. •5. Shall have a gross weight limit of 65 lbs. (29.48 kg.). •6. Shall be C flute, joint lapped and only inside shall be stapled. •7. Shall be folded flat. •8. Set-up size shall measure 6-5/16" L x 6-5/16" W x 6-3/4" H (16.03cm. L x 16.03cm. W x 17.15 cm. H). •9. Shall include 4 screen filters attached. a. filter frame must be ABS-Styrene with.030 thickness and size 3" X 4" (7.62cm X 10.16cm) with filter laminated onto frame. b. filter paper must be BMR with 6oz. bulk and electro statically enhanced. c. must be 5 mil with MD7 and CD.8, PSI 6 and CFM 750 with efficiency of 99.9% on Ashrae test 52.2. d. wire must be alloy mesh.025 with.011 to.001 in diameter with PSI 45,000 and openness 80 to 85%. e. filters shall be laminated by hand to die cut carton with non-toxic glue. •10. Shall be packaged 15 boxes per bundle, 16 bundles per skid (4-way wood pallet, measuring 40" x 48"), not to exceed 55" (139.70cm) in height, including pallet. 11. Each box shall be individually bar coded in accordance with NIH Std 6, latest in effect. See attachment. The bar code when scanned shall read the 13 digit National Stock Number (NSN) #8115-00-L04-0817. 12. The location of printed information and rodent picture shall be in accordance with attached drawing for Item #8, detail A, so as not to be hidden by flaps when box is in the folded up condition. See attachment. Article C.2 - Additional Salient Characteristics for Items 1- 8: Note: Numbers 1, 2, and 3 (iii) below only applies if the product that you offer does not come with a UPC Code. If they don't then they will need the NIH specific Bar Code as stated below. Numbers 3 (i) and (ii) apply to all products being offered. 1. Shall be marked in accordance with the attached NIH Standard Number 6, latest in effect, Symbology for Marking Unit Packs, Outer Container, and Selected Documents or latest NIH Standard in effect. 2. All individual Boxes and bundle of Boxes must be bar coded with a National Stock Number (NSN). This number identifies the commodity being procured for the NIH, Central Stockroom. The bar code shall be 3 of 9 code as per the current Fed Std. No 123, latest in effect. The 13-digit NSN for the specific item shall be marked below the barcode symbol. 3. Packaging, Palletization and Marking Instructions: (i) Packaging - Boxes shall be suitably glued and sealed to prevent tearing and opening during normal handling. All boxes shall be free of bulges and distortions and show no evidence of damage. (ii) Palletization - All deliveries shall be palletized on clean, new, 42" wide x 48" long (106.68cm x 121.92cm), four way wood pallets. The total height of the pallet and supplies shall not exceed 55 inches (139.7cm). In addition, each pallet shall be stretch wrapped to assure safe and proper handling. There will be no exchange of pallets. (iii) Marking - In addition to meeting the requirements set forth in NIH Standard No. 6, latest in effect, standard commercial marking shall be used. Exterior shipping containers and material not shipped in containers shall be marked, labeled, or tagged as applicable, and shall include (a) contractor's name and address; (b) contract and/or delivery order number, and (c) total number of cartons in shipment (i.e., 1 of 5, 4 of 5, etc.). In addition, each ream and carton shall be marked or labeled in accordance with commercial practice, such marking and labeling must include dimension, color, type, grain, and direction. PACKAGING, MARKING AND SHIPPING : All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition. (a) Preservation, Packaging, and Packing - Unless otherwise specified in the solicitation, Military Standard 2073-1D Notice 1, dated 10 May 2002 or latest in effect, Standard Practice for Military Packaging, shall be used to afford adequate protection against corrosion, deterioration, and physical damage during shipment from supply source to the destination specified in the solicitation. (b) Delivery Tickets - Delivery tickets must cite the identifying contract number, delivery order number, and the name of the individual placing the order. When delivery is made by the Contractor's own courier, a delivery ticket must be left with the ordering official or other designated receiving official showing D ate, Purchase Order Number, Quantity/Pallets, and Description. When delivery is made by other than the Contractor's own courier, for example, via air mail, parcel post, railway express, etc., a delivery ticket must be enclosed with each consignment. KEY PERSONNEL, HHSAR 352.270-5 (January 2006): The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the Contractor or Government. (End of Clause) The following individual(s) is/are considered to be essential to the work being performed hereunder: Name of Employee Job Title [TO BE SPECIFIED PRIOR TO AWARD] VII.: Delivery shall be made f.o.b destination within consignee's premises to the following addresses as directed by the individuals or activities authorized to place orders: METHOD OF ORDERING •a. A Task/Delivery Order Number shall be given to you at the time the order is placed. The Contractor is cautioned not to accept an order unless one of these numbers is issued. •b. The Consignees/Ordering Officials shall sign all orders (including written confirmation of oral/telephonic orders) involving requests for supplies and/or services under this contract. Each delivery shall be accompanied by a packing slip or other evidence of delivery/performance. The authorized designees are: TBD prior to award The following Contractor representative(s) is/are authorized to receive and accept orders placed by telephone : Name(s): TBD prior to award Telephone: VIII: FAR Clause 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUNE 2008) (a) North American Industry Classification System (NAICS) code, and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of Offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; •(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b)for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted shall be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is ''late'' and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST ( http://assist.daps.dla.mil ) (ii) Quick Search ( http://assist.daps.dla.mil/quicksearch ) •(iii) ASSISTdocs.com ( http://assistdocs.com ) •(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- •(i) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard ); •(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or •(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111 5094,Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. IX: FAR Clause 52.212-2 EVALUATION-COMMERCIAL ITEMS (JANUARY 1999) •(a) The Government will award a contract resulting from this solicitation to the responsible bidder whose bid conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate bids in descending order of importance: •· Descriptive literature •· Past performance •· Bid samples meeting all salient characteristics set forth in Sections C.1 and C.2 Bid samples meeting all salient characteristics set forth in Sections C.1 and C.2, descriptive literature, and past performance, when combined, are approximately equal in the Government's evaluation of who will be awarded the contract. (b) Options. The Government will evaluate bids for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a bid is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of a bid mailed or otherwise furnished to the successful bidder within the time for acceptance specified in the bid, shall result in a binding contract without further action by either party. Before the bidder's specified expiration time, the Government may accept a bid (or part of a bid), unless a written notice of withdrawal is received before award. (End of provision) Past Performance At least three past performance references that have entailed similar work that is required by this Invitation for Bid must be submitted. References must include: the reference's name, address, phone number, email address, company (or government entity), order date, completion date, dollar value, and a description of the products rendered. Cited references are to send a completed past performance survey directly to Terita Stevenson, Contract Specialist, via email to: stevenst@od.nih.gov Surveys must be received by the date and time designated for receipt of bids in Block 8 of the SF 1449. Please see attached survey for details. NIH may consider internal and external past performance that is not referred to in the bid. Technical and past performance factors, when combined, are significantly less important than price. X: OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS The offeror makes the following Representations and Certifications as part of its proposal ( check/complete all appropriate boxes or blanks on the following pages ). (Name of Offeror) (Signature of Authorized Individual) (Date) (Typed Name of Authorized Individual) Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. FAR Clause 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (APRIL 2011) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provisions. (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. Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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 Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 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. 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. 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 the stock of which 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 its stock 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 Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA 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 (o) 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 on ORCA.] (c) Offerors must complete the following representations when the resulting contract is to 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 [ ] is, [ ] 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 [ ] is, [ ] 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, for general statistical purposes, 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. NOTE: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (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 in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: ________________________.] Each WOSB concern 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 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 •(iii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(ii) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns 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. (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) ( Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status. ) (i) General. The offeror represents that either-- (A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It [ ] has, [ ] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [ The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________. ] (11) 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 change 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 joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(11)(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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--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 Act--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 Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--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, 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 Act-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, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No.: (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 Act--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 Act--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 Act--Free Trade Agreements--Israeli Trade Act:" Canadian End Products Line Item No.: (List as necessary) (3) Buy American Act--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 Act--Free Trade Agreements--Israeli Trade Act:" Canadian or Israeli End Products Line Item No.: Country of Origin: (List as necessary) (4) 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)(4)(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 Act. 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 $3,000 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. Sec. 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. Sec. 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. Sec. 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 22.1503(b).] (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 Act. (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 [ballot] does [ballot] 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 Act 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 a central contractor registration 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) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. •(o) Sanctioned activities relating to Iran. (1) Unless a waiver is granted or an exception applies as provided in paragraph (o)(2) of this provision, by submission of its offer, the offeror 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 of 1996. •(2) The certification requirement of paragraph (o)(1) of this provision does 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. (End of provision) Alternate II (April 2011). As prescribed in 12.301(b)(2), add the following paragraph (c)(10)(iii) to the basic provision: ( Note: Applicable when small disadvantaged business procurement mechanisms are authorized on a regional basis. Applicable regions by SIC Major Category are located at: http://www.arnet.gov/References/sdbadjustments.htm.) (iii) Address. The offeror represents that its address ______ is, ______is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. "Address," as used in this provision, means the address of the offeror as listed on the Small Business Administration's register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR part 124, subpart B. For joint ventures, "address" refers to the address of the small disadvantaged business concern that is participating in the joint venture. Addendum to FAR Clause 52.212-3 FAR Clause 52.204-6 Data Universal Numbering System (DUNS) Number (April 2008) (a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS number or "DUNS+4" that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern. (b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number-- (i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, 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. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. •(2) The offeror should be prepared to provide the following information: •(i) Company legal business name. •(ii) Tradestyle, 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). (End of provision) XI: FAR Clause 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JUNE 2010) (a) Inspection /Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g. use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. •(c) C hanges. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized), to the address designated in the contract to receive invoices. An invoice must include-- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic Funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. •(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and OMB prompt payment regulations at 5 CFR part 1315. •(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. •(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. •(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- •(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- •(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); •(B) Affected contract number and delivery order number, if applicable; •(C) Affected contract line item or subline item, if applicable; and •(D) Contractor point of contact. •(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. •(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. •(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. •(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- •(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; •(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or •(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). •(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. •(v) Amounts shall be due at the earliest of the following dates: •(A) The date fixed under this contract. •(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. •(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- •(A) The date on which the designated office receives payment from the Contractor; •(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or •(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. •(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; and 49 U.S.C 40118, Fly American; 41 U.S.C. 423 relating to procurement integrity.. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (End of clause) Alternate I (OCTOBER 2008). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i) and (l) for those in the basic clause. •(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work. (2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. (3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier. (4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [ Insert portion of labor rate attributable to profit. ] (5) (i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-- (A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or (B) Terminate this contract for cause. (ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract. (6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to- (i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or (ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified. (7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract. (8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract. (9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property. (e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-- (i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service. (ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-- (A) Performed by the contractor; (B) Performed by the subcontractors; or (C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control. (iii) Materials means-- (A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control; (B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract; (C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); (D) The following subcontracts for services which are specifically excluded from the hourly rate: [ Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and (E) Indirect costs specifically provided for in this clause. (iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (i) Payments. (1) Services accepted. Payment shall be made for services accepted by the Government that have been delivered to the delivery destination(s) set forth in this contract. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer: (i) Hourly rate. (A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis. (B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer. (C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative. (D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract. (E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. (1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated. (2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. (3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer. (ii) Materials. (A) If the Contractor furnishes materials that meet the definition of a commercial item at FAR 2.101, the price to be paid for such materials shall be the contractor's established catalog or market price, adjusted to reflect the-- (1) Quantities being acquired; and (2) Any modifications necessary because of contract requirements. (B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-- (1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or (2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice. (C) To the extent able, the Contractor shall-- (1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and (2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract. (D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed. (1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs ( e.g., travel, computer usage charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert 'None'." ] (2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [ Insert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert 'None')." ] (2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract. (3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price. (4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer): (i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract; (ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-- (A) The original timecards (paper-based or electronic); (B) The Contractor's timekeeping procedures; (C) Contractor records that show the distribution of labor between jobs or contracts; and (D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices. (iii) For material and subcontract costs that are reimbursed on the basis of actual cost-- (A) Any invoices or subcontract agreements substantiating material costs; and (B) Any documents supporting payment of those invoices. (5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-- •(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- •(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); •(B) Affected contract number and delivery order number, if applicable; •(C) Affected contract line item or subline item, if applicable; and •(D) Contractor point of contact. •(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. •(6) (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid. •(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. •(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if- •(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner; •(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or •(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2). •(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. •(v) Amounts shall be due at the earliest of the following dates: •(A) The date fixed under this contract. •(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. •(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- •(A) The date on which the designated office receives payment from the Contractor; •(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or •(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. •(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. •(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion. (7) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to- (i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or (ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified. (8) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract. (9) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract. (10) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. XII: FAR Clause 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APRIL 2011) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). __ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). •(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) (Pub. L. 108-77, 108-78). (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 (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub.L.110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub.L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub.L. 109-282)(31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub.L. 111-5). __ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended,or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). __ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (JAN 2011) (15 U.S.C. 657a). __ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (9) [Removed] __ (10) (i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). __ (ii) Alternate I (OCT 1995) of 52.219-6. __ (iii) Alternate II (MAR 2004) of 52.219-6. __ (11) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). __ (ii) Alternate I (OCT 1995) of 52.219-7. __ (iii) Alternate II (MAR 2004) of 52.219-7. __ (12) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)). __ (13) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (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 (JUL 2010) of 52.219-9 __ (14) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)). __ (15) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15U.S.C. 637(d)(4)(F)(i)}. __ (16) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (JUNE 2003) of 52.219-23. __ (17) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (18) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (15 U.S.C 657 f). __ (20) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)). __ (21) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2011). __ (22) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2011). __ (23) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). __ (24) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126). __ (25) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). __ (26) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). __ (27) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). __ (28) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). __ (29) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). __ (30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) __ (31) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (32) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (33) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (34) (i) 52.233-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. __ (35) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513). __ (36) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d). __ (37) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (JAN 2004) of 52.225-3. __ (iii) Alternate II (JAN 2004) of 52.225-3. __ (38) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (39) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (42) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (43) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (44) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). __ (45) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332). __ (46) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). __ (47) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). __ (48) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (APR 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965, (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.) (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1,5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (October 2010) (29 U.S.C. 793). •(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. •(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.). •(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). __ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). •(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). •(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). •(xii) 52.222-54, Employment Eligibility Verification (Jan 2009). •(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. •(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (February 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) ** (Note: Include the following only if the Head of the Agency has waived the examination of records by the Comptroller General. If this is not the case, DELETE Alternate I, below, before including in any contract.) ** Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." *** (Note: If this acquisition will use funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009 (Pub.L. 111-5), the following Alternate II is required. Additionally, Alternate I of this clause may not be used when Alternate II is applicable.) *** Alternate II (DECEMBER 2010) As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (C) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (E) 52.222-35, Equal Opportunity for Veterans (Sept 2010) (38 U.S.C. 4212). (F) 52.222-36, Affirmative Action for Workers with Disabilities (October 2010) (29 U.S.C. 793). (G) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40 (H) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (J) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (K) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (L) 52.222-54, Employment Eligibility Verification (Jan 2009). (M) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (N) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. ARTICLE E.2 FAR 52.219-6 -- Notice of Total Small Business Set-Aside Alternate I (Oct 1995) (a) Definition. "Small business concern," as used in this clause, 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 size standards in this solicitation. (b) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. (2) Any award resulting from this solicitation will be made to a small business concern. ARTICLE E.3 FAR 52.214-3 -- Amendments to Invitations for Bids (Dec 1989) (a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. (b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram, or (4) by facsimile, if facsimile bids are authorized in the solicitation. The Government must receive the acknowledgment by the time and at the place specified for receipt of bids. ARTICLE E.4 FAR 52.214.4 - False Statements in Bids (Apr 1984) Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001. ARTICLE E.5 FAR 52.214-5 -- Submission of Bids (Mar 1997) (a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) -- (1) Addressed to the office specified in the solicitation; and (2) Showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder. (b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation. (c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice. (d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation. (e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation. ARTICLE E.6 FAR 52.214-6 -- Explanation to Prospective Bidders (Apr 1984) Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders. ARTICLE E.7 FAR 52.214-7 -- Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999) (a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due. (b) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and- (i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later tan 5:00 p.m. one working day prior to the date specified for receipt of bids; or (ii ) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids. (2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. ARTICLE E.8 FAR 52.214-14 -- Place of Performance -- Sealed Bidding (Apr 1985) (a) The bidder, in the performance of any contract resulting from this solicitation, * intends, * does not intend [check applicable box] to use one or more plants or facilities located at a different address from the address of the bidder as indicated in this bid. (b) If the bidder checks "intends" in paragraph (a) above, it shall insert in the spaces provided below the required information: Place of Performance (Street Address, City, County, State, Zip Code) Name and address of Owner and Operator of the Plant or Facility if Other than Bidder ARTICLE E.9 FAR 52.214-15 -- Period for Acceptance of Bids (Apr 1984) In compliance with the solicitation, the bidder agrees, if this bid is accepted within _______ calendar days (60 calendar days unless a different period is inserted by the bidder) from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule. ARTICLE E.10 FAR 52.214-20 -- Bid Samples (Apr 2002) (a) "Bid sample" means a product sample required to be submitted by a bidder to show those characteristics of the offered products that cannot adequately be described by specifications, purchase descriptions, or the invitation for bid ( e.g., balance, facility of use, or pattern). (b) Bidders must furnish bid samples as part of the bid. The Government must receive the bid samples by the time specified in the invitation for bids. If the bidder fails to submit samples on time, the Government will reject the bid, except that the Contracting Officer will consider a late sample sent by mail under the Late Submissions, Modifications, and Withdrawals of Bids provision of this solicitation. (c) The Government will test or evaluate bid samples to determine compliance with all the characteristics listed for examination in this solicitation. The Government will reject the bid when the sample fails to conform to the required characteristics. Products delivered under any resulting contract must conform to -- (1) The approved sample for the characteristics listed for test or evaluation; and (2) The specifications for all other characteristics. (d) Unless otherwise specified in the solicitation, bid samples shall be -- (1) Submitted at no expense to the Government; and (2) Returned at the bidder's request and expense, unless they are destroyed during preaward testing. XIII.: A statement regarding any additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. XIV.: The date, time and place offers are due : Tuesday, August 16, 2011, 2:15 pm EST. Attention: Ms. Terita Stevenson, Contract Specialist, 6011 Executive Blvd., Room 539C, Rockville, MD 20852. Please submit an original and three copies of your technical and business proposals. The technical proposal shall be separate from the business proposal. XV.: The name and telephone number of the individual to contact for information regarding the solicitation: Terita Stevenson, Telephone number: 301-402-3727 This acquisition is set aside for small businesses only and a firm-fixed price, indefinite delivery type contract. The period of performance will be one year from award date, plus two (2) one-year option years. Quotations must be good for 90 days after close of solicitation. To be eligible for an award, offeror must be registered with the Central Contractor Registration (CCR) at website http:www.ccr.gov. The selected offeror must comply with the following commercial item Terms and Conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items; FAR 52.212-2, Evaluation of Offerors; FAR 52.212-3, Offeror Representations and Certifications Commercial Items, must be included with its offer; FAR 52.212-4, Contract Terms and Condition Commercial Items, applies to this acquisition; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items, applies to this acquisition. Quotations are due promptly 2:15 PM EST Tuesday, August 16, 2011 One (1) original and three (3) copies ) to Terita Stevenson, Contract Specialist, 6011 Executive Blvd., Room 539C, Rockville, MD 20852. Please reference the RFQ No. NIHOD2011281 on all correspondence.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/NIH/OoA/NIHOD2011281/listing.html)
Place of Performance: Address: National Institutes of Health, Gaithersburg Distribution Center, 16050 Industrial Drive, Main Warehouse, Gaithersburg, MD 20877, (301) 496-9156, Gaithersburg, Maryland, 20877, United States; Zip Code: 20877
Record: SN02517959-W 20110803/110802000053-4d76f169f9dc00b52114f14b7de789e1 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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