FBODaily.com | FedBizOpps: PRESOL | 71 | MOC Furniture - Package #1

FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 08, 2018 FBO #6133
SOLICITATION NOTICE

71 -- MOC Furniture - Package #1

Notice Date: 9/6/2018
Notice Type: Combined Synopsis/Solicitation
NAICS: 337214 — Office Furniture (except Wood) Manufacturing
Contracting Office: Department of the Air Force, Air Force Reserve Command, 934 CONF/LGC, 760 Military Hwy, Minneapolis ARS, Minnesota, 55450-2100
ZIP Code: 55450-2100
Solicitation Number: FA6633-18-Q-A007
Archive Date: 10/2/2018
Point of Contact: Eva K Leavitt, Phone: 6127131438, Chin Kuk Dahlquist, Phone: 6127131428
E-Mail Address: eva.leavitt@us.af.mil, chin.dahlquist.1@us.af.mil
(eva.leavitt@us.af.mil, chin.dahlquist.1@us.af.mil)
Small Business Set-Aside: Total Small Business
Description: Room layout Combined Synopsis for MXG MOC furniture. Combined Synopsis- Solicitation for Commercial Items (IAW FAR 12.603) Contracting Office Address: 934th Airlift Wing/Contracting Office 760 Military Highway, Bldg. 729 Minneapolis, MN 55450-2100 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; proposals are being requested and a written solicitation will not be issued. This is a Request for Quotation (RFQ), solicitation number FA6633-18-Q-A007. This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2005-100, Defense Federal Acquisition Regulation Supplement Change Notice (DPN) 20180629, and Air Force Acquisition Circular (AFAC) 2018-0525. The requirement for NAICS Code 337214 size standard: 1000 employees. All contractors must be registered in the System for Award Management (SAM) (http://www.sam.gov) database to be eligible to receive award and have completed the "On-line Representations and Certifications" within that registration. The Offeror must be an authorized, qualified, and certified vendor. Written quotes are required (oral offers will not be accepted). One award is anticipated. All quotes are due on 17 September 2018 and required to be valid until 01 October 2018. Delivery date for furniture and install is 120 calendar days. This acquisition is a Total Small Business Set-aside IAW FAR 19.5. The MOC Furniture listed has been identified as meeting the minimum needs of the government. The minimum requirements for MOC Furniture are; 1) Desks (PC Cabinet) require climate controlled cabinets for desktop PC's should be a minimum of 48h x 30w x 33d with ability to slide out completely. (4 Total) 2) Cable management system with easy access to replace cables as needed, includes power strips as part of configuration. (6 Total) 3) 1 desk setup features 4 workspaces, the other features 2 work spaces. 4) Block of 4 workspaces require setup capable of 3 monitors (24" inch), block of 2 work spaces requires setup of 2 monitors (24"). 5) Data dock to easily replace keyboards and mice. This should be located on the desk top. (6 Total) 6) Sit to stand features included with block of 4 desks lifting all monitors. (4 Total) 7) Block of 4 desks requires 2 surfaces, one for the keyboard and mice and the other for monitors. 8) Block of 4 desks requires each keyboard/mice surface shall have adequate space for 2 keyboards and 1 mouse. 9) Installation required. Contract Line items: The contractor shall provide all labor, equipment, materials, delivery and all other items necessary to provide the following item(s): Contract Line Item Qty Unit of Measure Unit Price Description 0001 1 LO Modular Furniture (2 desk setups with one featuring 4 workspaces and the other with 2 workspaces. The desk featuring 4 workspaces require setup capable of 3 monitors at 24" and the desk featuring 2 workspaces requires setup of 2 monitors at 24".Cable management system for all desks that include power strips. Sit to stand desks features for the 4 workspaces that lift all monitors. Block of 4 desks require 2 surfaces. Data docks to easily replace keyboards and mouse. Installation required. Desks (PC Cabinet) with climate controlled cabinets for desktop PC with 48 Hx30Wx33D for measurements and ability to slide completely out.) Total Price Delivery: FOB Destination to 934th MXG/MXOP (F5G2MG), Attn: Receiving, 760 Military Highway, Bldg. 821 Room 251D, Minneapolis, MN 55450-2100 within 120 calendar days. It is the firm's or individuals' responsibility to be familiar with applicable provisions and clauses. All FAR Provisions and Clauses may be viewed in full text at the Federal Acquisition Regulation Table of Contents via the Internet at http://farsite.hill.af.mil/vffara.htm CLAUSES INCORPORATED BY REFERENCE CLAUSE NO. CLAUSE TITLE YEAR-MO SECTION VARIATION NAME DATE 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 SEC I 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I 252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7005 Oral Attestation of Security Responsibilities. 2001-11 SEC I 252.204-7006 Billing Instructions. 2005-10 SEC G 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016-10 SEC I 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 SEC I 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 SEC I 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2012-06 SEC G 252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I 252.247-7023 Transportation of Supplies by Sea. 2014-04 SEC I Alternate II 2014-04 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 SEC I 52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 SEC I 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 SEC I 52.219-13 Notice of Set-Aside of Orders. 2011-11 SEC I 52.222-19 Child Labor-Cooperation with Authorities and Remedies. 2018-01 SEC I 52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I 52.222-3 Convict Labor. 2003-06 SEC I 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements. 2014-05 SEC I 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 SEC I 52.223-19 Compliance with Environmental Management Systems. 2011-05 SEC I 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 SEC I 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 SEC I 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.243-1 Changes-Fixed-Price. 1987-08 SEC I 52.246-16 Responsibility for Supplies. 1984-04 SEC E 52.247-34 F.o.b. Destination. 1991-11 SEC F 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). 1984-04 SEC I CLAUSES IN FULL TEXT 252.204-0001 Line Item Specific: Single Funding. (Sep 2009) The payment office shall make payment using the ACRN funding of the line item being billed. (End of Clause) 52.222-26 Equal Opportunity. (Sep 2016) As prescribed in 22.810(e), insert the following clause:\n Equal Opportunity (Sept 2016)\n (a) Definition. As used in this clause.\n "Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.\n "Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.\n "Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-\n (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or\n (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.\n "Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.\n "Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.\n "United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.\n (b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.\n (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).\n (c)(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.\n (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-\n (i) Employment;\n (ii) Upgrading;\n (iii) Demotion;\n (iv) Transfer;\n (v) Recruitment or recruitment advertising;\n (vi) Layoff or termination;\n (vii) Rates of pay or other forms of compensation; and\n (viii) Selection for training, including apprenticeship.\n (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.\n (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.\n (5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.\n (ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-\n (A) Incorporation into existing employee manuals or handbooks; and\n (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.\n (6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bar-gaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.\n (7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.\n (8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR Part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.\n (9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order.\n (10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.\n (11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.\n (12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.\n (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60-1.\n (End of Clause) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. (Jul 2018) As prescribed in 4.2004, insert the following clause:\n Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)\n (a) Definitions. As used in this clause-\n "Covered article" means any hardware, software, or service that-\n (1) Is developed or provided by a covered entity;\n (2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or\n (3) Contains components using any hardware or software developed in whole or in part by a covered entity.\n "Covered entity" means-\n (1) Kaspersky Lab;\n (2) Any successor entity to Kaspersky Lab;\n (3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or\n (4) Any entity of which Kaspersky Lab has a majority ownership.\n (b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from-\n (1) Providing any covered article that the Government will use on or after October 1, 2018; and\n (2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.\n (c) Reporting requirement.\n (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.\n (2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:\n (i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.\n (ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.\n (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.\n (End of clause)\n (End of Clause) 52.212-1 Instructions to Offerors - Commercial Items (Apr 2014) The following addendum is provided to this provision: (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is 337215, Standard Metal Locker. (b) Submission of offers. Offers may be submitted via or email to Chin Dahlquist, chin.dahlquist.1@us.af.mil. At 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 and cage code of the offeror; (4) A technical description of the items being offered IAW FAR 52.211-6 This may include product literature, or other documents, if necessary. Contractor shall complete attachment 1. (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (9) 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) 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 75 calendar days from the date specified for receipt of offers. (End of Clause) 52.222-50 Combating Trafficking in Persons. (Mar 2015) As prescribed in 22.1705(a)(1), insert the following clause:\n Combating Trafficking in Persons (Mar 2015)\n (a) Definitions. As used in this clause-\n "Agent" means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.\n "Coercion" means-\n (1) Threats of serious harm to or physical restraint against any person;\n (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or\n (3) The abuse or threatened abuse of the legal process.\n "Commercially available off-the-shelf (COTS) item" means-\n (1) Any item of supply (including construction material) that is-\n (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);\n (ii) Sold in substantial quantities in the commercial marketplace; and\n (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and\n (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.\n "Commercial sex act" means any sex act on account of which anything of value is given to or received by any person.\n "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.\n "Employee" means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.\n "Forced Labor" means knowingly providing or obtaining the labor or services of a person-\n (1) By threats of serious harm to, or physical restraint against, that person or another person;\n (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or\n (3) By means of the abuse or threatened abuse of law or the legal process.\n "Involuntary servitude" includes a condition of servitude induced by means of-\n (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or\n (2) The abuse or threatened abuse of the legal process.\n "Severe forms of trafficking in persons" means-\n (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or\n (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.\n "Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.\n "Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.\n "Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.\n "United States" means the 50 States, the District of Columbia, and outlying areas.\n (b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not-\n (1) Engage in severe forms of trafficking in persons during the period of performance of the contract;\n (2) Procure commercial sex acts during the period of performance of the contract;\n (3) Use forced labor in the performance of the contract;\n (4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;\n (5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;\n (ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;\n (6) Charge employees recruitment fees;\n (7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-\n (A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or\n (B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that-\n (ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-\n (A) Legally permitted to remain in the country of employment and who chooses to do so; or\n (B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;\n (iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.\n (8) Provide or arrange housing that fails to meet the host country housing and safety standards; or\n (9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.\n (c) Contractor requirements. The Contractor shall-\n (1) Notify its employees and agents of-\n (i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and\n (ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and\n (2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of thisclause.\n (d) Notification.\n (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of-\n (i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and\n (ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.\n (2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.\n (e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in-\n (1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;\n (2) Requiring the Contractor to terminate a subcontract;\n (3) Suspension of contract payments until the Contractor has taken appropriate remedial action;\n (4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;\n (5) Declining to exercise available options under the contract;\n (6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or\n (7) Suspension or debarment.\n (f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:\n (1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.\n (2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.\n (g) Full cooperation.\n (1) The Contractor shall, at a minimum-\n (i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;\n (ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;\n (iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and\n (iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.\n (2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not-\n (i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;\n (ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or\n (iii) Restrict the Contractor from-\n (A) Conducting an internal investigation; or\n (B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.\n (h) Compliance plan.\n (1) This paragraph (h) applies to any portion of the contract that-\n (i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and\n (ii) Has an estimated value that exceeds $500,000.\n (2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate-\n (i) To the size and complexity of the contract; and\n (ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.\n (3) Minimum requirements. The compliance plan must include, at a minimum, the following:\n (i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.\n (ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.\n (iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.\n (iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.\n (v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.\n (4) Posting.\n (i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.\n (ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.\n (5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that-\n (i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and\n (ii) After having conducted due diligence, either-\n (A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or\n (B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.\n (i) Subcontracts.\n (1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that-\n (A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and\n (B) Has an estimated value that exceeds $500,000.\n (2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.\n (End of Clause) 52.232-11 Extras. (Apr 1984) As prescribed in 32.111(c)(2), insert the following clause, appropriately modified with respect to payment due dates in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, fixed-price service contract, or transportation contract is contemplated:\n Extras (Apr 1984)\n Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer.\n (End of clause)\n (End of Clause) 252.232-7006 Wide Area WorkFlow Payment Instructions. (May 2013) As prescribed in 232.7004(b), use the following clause:\n WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)\n (a) Definitions. As used in this clause-\n Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.\n Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).\n Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.\n (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.\n (c) WAWF access. To access WAWF, the Contractor shall-\n (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and\n (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.\n (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/\n (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.\n (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:\n (1) Document type. The Contractor shall use the following document type(s).\n __Invoice/Receiving Report (Combo)__\n (Contracting Officer: Insert applicable document type(s). Note: If a Combo document type is identified but not supportable by the Contractors business systems, an Invoice (stand-alone) and Receiving Report (stand-alone) document type may be used instead.)\n (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.\n __F5G2MG__\n (Contracting Officer: Insert inspection and acceptance locations or Not applicable.)\n (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.\n Routing Data Table*\n Field Name in WAWF || Data to be entered in WAWF | | Pay Official DoDAAC || __F87700__ | | Issue By DoDAAC || __FA6633__ | | Admin DoDAAC || __FA6633__ | | Inspect By DoDAAC || ____ | | Ship To Code || __F5G2MG__ | | Ship From Code || ____ | | Mark For Code || ____ | | Service Approver (DoDAAC) || ____ | | Service Acceptor (DoDAAC) || ____ | | Accept at Other DoDAAC || ____ | | LPO DoDAAC || ____ | | DCAA Auditor DoDAAC || ____ | | Other DoDAAC(s) || ____ \n (*Contracting Officer: Insert applicable DoDAAC information or See schedule if multiple ship to/acceptance locations apply, or Not applicable.)\n (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.\n (5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the Send Additional Email Notifications field of WAWF once a document is submitted in the system.\n __eva.leavitt@us.af.mil__\n ____\n (Contracting Officer: Insert applicable email addresses or Not applicable.)\n (g) WAWF point of contact.\n (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activities WAWF point of contact.\n __Eva Leavitt 612-713-1438__\n (Contracting Officer: Insert applicable information or Not applicable.)\n (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.\n (End of clause)\n (End of Clause) 52.211-8 Time of Delivery. (Apr 1984) As prescribed in 11.404(a)(2), insert the following clause:\n Time of Delivery (June 1997)\n (a) The Government requires delivery to be made according to the following schedule:\n Required Delivery Schedule | | [Contracting Officer insert specific details] | | Item No. || Quantity || Within Days After Date of Contract | | __0001__ || __1__ || __120__ | | ____ || ____ || ____ | | ____ || ____ || ____ \n The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.\n Offeror's Proposed Delivery Schedule | | Item No. || Quantity || Within Days After Date of Contract | | ____ || ____ || ____ | | ____ || ____ || ____ | | ____ || ____ || ____ \n (b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term working day excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.\nIf the delivery schedule is expressed in terms of specific calendar dates or specific periods and is based on an assumed date of award, the contracting officer may substitute the following paragraph (b) for paragraph (b) of the basic clause. The time may be expressed by substituting on or before; during the months ____; or not sooner than ____ or later than ____ as headings for the third column of paragraph (a) the basic clause.\n (b) The delivery dates or specific periods above are based on the assumption that the Government will make award by ____ [Contracting Officer insert date]. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.\n (End of Clause) 52.212-2 Evaluation-Commercial Items (Oct 2014) As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation -- Commercial Items (Oct 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: ___________________________________________ ___________________________________________ ___________________________________________ [Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.] (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.212-4 Contract Terms and Conditions-Commercial Items. (Jan 2017) As prescribed in 12.301(b)(3), insert the following clause:\n Contract Terms and Conditions-Commercial Items (Jan 2017)\n (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-\n (1) Within a reasonable time after the defect was discovered or should have been discovered; and\n (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.\n (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.\n (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.\n (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.\n (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.\n (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.\n (g) Invoice.\n (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-\n (i) Name and address of the Contractor;\n (ii) Invoice date and number;\n (iii) Contract number, line item number and, if applicable, the order number;\n (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;\n (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;\n (vi) Terms of any discount for prompt payment offered;\n (vii) Name and address of official to whom payment is to be sent;\n (viii) Name, title, and phone number of person to notify in event of defective invoice; and\n (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.\n (x) Electronic funds transfer (EFT) banking information.\n (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.\n (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.\n (C) EFT banking information is not required if the Government waived the requirement to pay by EFT.\n (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.\n (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.\n (i) Payment.-\n (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.\n (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.\n (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.\n (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.\n (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-\n (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-\n (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);\n (B) Affected contract number and delivery order number, if applicable;\n (C) Affected line item or subline item, if applicable; and\n (D) Contractor point of contact.\n (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.\n (6) Interest.\n (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.\n (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.\n (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-\n (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;\n (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\n (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).\n (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.\n (v) Amounts shall be due at the earliest of the following dates:\n (A) The date fixed under this contract.\n (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.\n (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-\n (A) The date on which the designated office receives payment from the Contractor;\n (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\n (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.\n (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.\n (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:\n (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or\n (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.\n (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.\n (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 complywith 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.\n (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 (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.\n (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.\n (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.\n (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.\n (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.\n (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:\n (1) The schedule of supplies/services.\n (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;\n (3) The clause at 52.212-5.\n (4) Addenda to this solicitation or contract, including any license agreements for computer software.\n (5) Solicitation provisions if this is a solicitation.\n (6) Other paragraphs of this clause.\n (7) The Standard Form 1449.\n (8) Other documents, exhibits, and attachments.\n (9) The specification.\n (t) System for Award Management (SAM).\n (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.\n (2)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.\n (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract.\n (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the Suspension of payment paragraph of the EFT clause of this contract.\n (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.\n (u) Unauthorized Obligations\n (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:\n (i) Any such clause is unenforceable against the Government.\n (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an I agree click box or other comparable mechanism (e.g., click-wrap or browse-wrap agreements), execution does not bind the Government or any Government authorized end user to such clause.\n (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.\n (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.\n (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.\n (End of Clause) 52.219-28 Post-Award Small Business Program Representation. (Jul 2013) As prescribed in 19.309(c), insert the following clause:\n Post-Award Small Business Program Representation (Jul 2013)\n (a) Definitions. As used in this clause-\n Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.\n 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 the size standard in paragraph (c) of this clause. Such a concern is not dominant in its field of operation when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.\n (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:\n (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.\n (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.\n (3) For long-term contracts-\n (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and\n (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.\n (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.\n (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.\n (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.\n (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.\n (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:\n The Contractor represents that it [_] is, [_] is not a small business concern under NAICS Code ____ assigned to contract number ____.\n [Contractor to sign and date and insert authorized signer's name and title].\n (End of clause)\n (End of Clause) 52.237-1 Site Visit (Apr 1984) As prescribed in 37.110(a), insert the following provision: Site Visit (Apr 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Site visit is scheduled for 12 September 2018, 10:00 am CST. RSVP NLT 10 September 2018 4:00 pm CST with the required information to gain access to the base for each individual attending the site visit. Location for the site visit is 760 Military Highway, Bldg 821, Room 251D, Minneapolis-St Paul ARS, MN 55450-2100. Send list of all attendees to Eva Leavitt eva.leavitt@us.af.mil or Joe Holt joseph.holt.6@us.af.mil. Site visit is not require to submit a quote. Questions in writing due by 13 September at Noon CST. Quotes due NLT 17 September 2018 at 0800 am CST. Contract type is firm fixed price-lowest price technically acceptable. (End of Provision) 52.252-2 Clauses Incorporated by Reference. (Feb 1998) As prescribed in 52.107(b), insert the following clause:\n Clauses Incorporated By Reference (Feb 1998)\n This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):\n __FAR: http://farsite.hill.af.mil/vffara.htm __ ____ ____ [Insert one or more Internet addresses]\n (End of clause)\n (End of Clause) 52.252-4 Alterations in Contract. (Apr 1984) As prescribed in 52.107(d), insert the following clause in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitation that apply after contract award, except for any clause authorized for use with a deviation. Include clear identification of what is being altered.\n Alterations in Contract (Apr 1984)\n Portions of this contract are altered as follows:\n ____ ____ ____\n (End of clause)\n (End of Clause) 52.252-6 Authorized Deviations in Clauses. (Apr 1984) As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert (DEVIATION) after the date of the clause.\n Authorized Deviations in Clauses (Apr 1984)\n (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.\n (b) The use in this solicitation or contract of any ____. [insert regulation name] (48 CFR ____) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.\n (End of clause)\n (End of Clause) AFFARS 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (Nov 2012) (a) Contractors shall not: (1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or (2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order. [Note: This prohibition does not apply to manufacturing.] (b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs: (1) Halons: 1011, 1202, 1211, 1301, and 2402; (2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and (3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. [NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.] (End of clause) AFFARS 5352.201-9101 Ombudsman (Jun 2016) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Lt. Colonel Alaric Jorgensen, 155 Richard Ray Blvd, Robins AFB GA 31098-1635, Phone DSN: 497-2440, alaric.jorgensen@us.af.mil HQ AFRC/DSD. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. AFFARS 5352.242-9000 Contractor Access to Air Force Installations (Nov 2012) (a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. (b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional requirements to comply with local security procedures] to obtain a vehicle pass. (c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management] citing the appropriate paragraphs as applicable. (e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. (f) Failure to comply with these requirements may result in withholding of final payment. (End of clause)
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(https://www.fbo.gov/spg/USAF/AFRC/934LSSLGC/FA6633-18-Q-A007/listing.html)
Place of Performance: Address: 760 Military Highway, Bldg 821, Minneapolis, Minnesota, 55450, United States; Zip Code: 55450
Record: SN05076357-W 20180908/180906232204-78db962ddf88ff61874e33cef33737b7 (fbodaily.com)
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71 -- MOC Furniture - Package #1