G
REQUEST FOR QUOTE
(RFQ FA3016-20-Q-0062)
TEXTBOOKS
BLANKET PURCHASE AGREEMENT
BRAND NAME
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested. A separate Request for Quotes (RFQ) will not be issued. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2020-05 and DFARS change notice 20200324. The NAICS Code is 323117, Books Printing. The Product Service Code (PSC) is 7610, Books and Pamphlets. The size standard is 1,250 employees. This requirement is to provide English Language Textbooks and Other Educational Publications for the 637th Training Support Squadron (TRSS)//Defense Language Institute Language Center (DLIELC), Joint Base San Antonio (JBSA), TX, as indicated in the Textbook Item Description List. The Nonmanufacturer Rule will apply to this acquisition. This acquisition will be solicited Full and Open.
TEXTBOOKS
(The quote shall be effective for 30 days after submission of quote)
Please respond to this RFQ by emailing response to: Ms. Parie Reynolds at E-mail: [email protected], and Ms. Christal Jackson at E-mail: [email protected], no later than Friday at 10:00 a.m. CDT, on 12 June 2020 (or at your earliest convenience possible) in order to be considered timely. Any quote, modification, revision, or withdrawal of a quote received after the exact time specified above shall be determined as late and will not be considered unless received before award is made, the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and it was the only quote received. Please contact Ms. Parie Reynolds at (210) 671-0497 or Ms. Christal Jackson at (210) 671-1762, with additional questions at the above noted email address.
Please provide a quote for the Textbook Item Description List, listed below. These prices shall be per unit and will become the BPA price list for the purpose of BPA calls.
Please provide the information below:
FOB
1 Destination
Shipping Cost Included? 1 Yes
0 No
Pricing Quoted: 0 GSA Pricing Only
0 Includes Open Market Prices
Payment Terms Delivery Date
Company Name:
DUNS #
Required Cage Code Number:
POC: Telephone #
E-Mail Address: Tax ID#:
Warranty Information:____________________________________________________
Do you have capacity to invoice electronically through Wide Area Work Flow (WAWF)? (Yes or No) __________
Special Notes and Instructions:
1. Basis for Award. 502d CONS/JBKAE will issue a BPA to the vendor(s) determined to offer the best value to the Government. Award type will be a firm-fixed priced (FFP) BPA. Failure to acknowledge Amendments may result in your quote not being considered for award.
2. Best Value Determination. The offeror who is deemed responsible and responsive with the Lowest Priced Technically Acceptable (LPTA) quote will be determined to represent the best value. Technically acceptability will be determined by an evaluation of the quoted requirements that meet the technical criteria that is contained in the solicited Textbook Item Description List. Quotes initially will be ranked from lowest to highest, based on total cost. The Government will then evaluate the three lowest priced quotes for Technical Acceptability. However, if the lowest priced quote does not meet the technical criteria described in the solicited item description, the Government reserves the right to evaluate the next lowest priced quote until it has determined a technically acceptable quote. The evaluation will stop at the point when the Government determines an offeror to be technically acceptable with the lowest evaluated price, because that offer will represent the best value. Contingent upon a determination of contractor responsibility, award will be made to that offeror without further evaluation of other offers. Award will be made to the responsible vendor whose quote is the lowest evaluated price among technically acceptable quotes.
3. Interchanges. The Government intends to award a BPA without interchanges with respective vendors/quoters. The Government however, reserves the right to conduct interchanges if deemed in its best interest.
4. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://www.beta.sam.gov/portal/public/SAM/ and provide mandatory information.
5. Brand Name Only. When using an “Equal product” to substitute the requested brand name product, the contractor must include the following: (1) MFG name, (2) Part Number, (3) illustrations, and (4) literature or description to support equal product substitution in your RFQ submission. Details of the requesting product to fulfill requirement must be met. See Textbook Item Description List.
6. Notice to Offeror. The Government reserves the right to cancel this purchase request, either before or after suspense date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. The contractor shall not request, nor will the Government make, payments for any preliminary measurement, quotes, bids, site visit, time or proposal cost incurred.
7. Textbook Item Description List:
Item BLANKET PURCHASE AGREEMENT (BPA)
(RFQ FA3016-20-Q-0062)
“BRAND NAME ONLY” ISBN NUMBER
Unit of Issue
Unit Price
Extended Amount
1 A Course in English Language Teaching, 2nd Edition 978-1-107-68467-6
Each $ $
2 A Handbook For Language Program Admin's 2d Edition 978-1-932-38322-5 Each $ $
3 Culturally Speaking 978-1-424-00404-1 Each $ $
4 Dictionary: Merriam-Webster Advanced Learner (NEW EDITION) 978-0-877-79736-4 Each $ $
5 Dictionary: Merriam-Webster Essential Learner 978-0-877-79856-9 Each $ $
6 Dictionary: Webster's New World (NEW EDITION) 978-1-476-70504-0 Each $ $
7 Discovering Fiction Student's Book 2 (NEW EDITION) 978-1-107-62214-2 Each $ $
8 Grammar Sense 3 CD 978-0-194-48922-5 Each $ $
9 Grammar Sense 3 Student BK 978-0-194-48916-4 Each $ $
10 Grammar Sense 3 Teacher's BK 978-0-194-48940-9 Each $ $
11 Grammar Sense Level 4 (GS4), 2d Edition, Student BK 978-0-19-448919-5 Each $ $
12 Grammar Sense Level 4 (GS4), 2d Edition, Teacher's BK 978-0-19-448941-6 Each $ $
13 Grammar Sense Level 4 (GS4), 2d Edition, Audio CDs 978-0-19-448923-2 Each $ $
14 GS4 Assessment CD-ROM w/ Test Generator 978-0-19-449030-6 Each $ $
15 Grammar Connections 4 Student 978-1-413-00845-6 Each $ $
16 Grammar Connections 4 Teacher's Annotated Edition 978-1-424-00221-4 Each $ $
17 Grammar Connections 4 Audio CDS 978-1-413-00846-3 Each $ $
18 Grammar Connections 4, Workbook 978-1-413-00849-4 Each $ $
19 Grammar for Writing 3: An Editing Guide to… 978-0-13-208900-5 Each $ $
20 Longman Academic Writing Series (3): Par to Essays (NEW EDITION) 978-0-13-466332-6 Each $ $
21 Medical: The Language of Medicine 10th Edition 978-0-323-37081-3 Each $ $
22 Medical: Medical Terminology (A Short Course) NEW EDITION - 9th 978-0-323-44492-7 Each $ $
23 Pronouncing American English 978-1-111-35210-3 Each $ $
24 Raise The Issues 3rd Edition 978-0-137-00730-1 Each $ $
25 Raise The Issues 3rd Edition/Answer Key 978-0-132-44308-1 Each $ $
26 Reader's Choice 5th Edition 978-0-472-03205-1 Each $ $
27 Skills for Success Listening & Speaking 5, Student (2ND EDITION) 978-0-194-81952-7 Each $ $
28 Skills for Success Listening & Speaking 5, Teacher 978-0-19-475619-8 Each $ $
29 Skills for Success Reading & Writing 5, Student 978-0-19-481950-3 Each $ $
30 Skills for Success Reading & Writing 5, Teacher 978-0-19-475631-0 Each $ $
31 Teaching Culture 978-0-838-46676-6 Each $ $
32 Teaching English as a 2nd or Foreign Lang (4th Edition) 978-1-111-35169-4 Each $ $
33 Teacher Training Essentials 978-0-521-17224-0 Each $ $
34 The Official Guide to the TOEFL Test w/DVD ROM 5th Edition 978-1-260-01121-0 Each $ $
35 Writing Clearly 3rd 2012 978-1-111-35197-7 Each $ $
36 Sourcework: Academic Writing From Sources 978-1-111-35209-7 Each $ $
37 The Complete Listening and Speaking Course…Teacher Guided 978-0-943-32725-9 Each $ $
38 Designing Language Courses: A Guide for Teachers 978-0-83-847909-4 Each $ $
39 Teaching ESL/EFL Listening and Speaking 978-0-41-598970-1 Each $ $
40 Pathways: Listening, Speaking, and Critical Thinking 2 978-1-33-740772-4 Each $ $
41 Pathways: Reading, Writing, and Critical Thinking 2 978-1-33-740777-9 Each $ $
8. The following FAR/DFARS provisions and clauses are applicable to this solicitation:
(For full text references, go to https://www.acquisition.gov/ or http://farsite.hill.af.mil.)
Number Title /Effective Date
52.204-7 System for Award Management (OCT 2018)
52.204-13 System for Award Management Maintenance (OCT 2018)
52.204-16 Commercial and Government Entity Code Reporting (JUL 2016)
52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)
52.212-1 Instructions to Offerors-Commercial Items (OCT 2018)
52.212-3 Offeror Representations and Certifications – Commercial Items ( OCT 2018)
52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)
52.213-4 Terms and Conditions – Simplified Acquisitions (Other Than Commercial Items) (JAN 2019)
52.217-8 Option to Extend Services (NOV 1999)
52.219-33 Non-manufacturer Rule (MAR 2020)
52.246-2 Inspection of Supplies-Fixed-Price ( AUG 1996)
52.246-16 Responsibility for Supplies (APR 1984)
52.242-15 Stop-Work Order (AUG 1989)
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower
Rights (APR 2014)
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
Kaspersky Lab and Other Covered Entities ( JUL 2018)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)
52.211-6 Brand Name or Equal (AUG 1999)
52.219-6 Deviation 2019-O0003 Notice of Total Small Business Set-Aside
(DEVIATION 2019-O0003) ( NOV 2011)
52.219-13 Notice of Set-Aside of Orders (NOV 2011)
52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)
52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
52.232-18 Availability of Funds ( APR 1984)
52.232-23 Assignment of Claims (MAY 2014)
52.232-39 Unenforceability of Unauthorized Obligations ( JUN 2013 )
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
52.233-3 Protest after Award (AUG 1996)
52.237-3 Continuity of Services (JAN 1991)
52.243-1 Changes-Fixed-Price (AUG 1987)
52.243-4 Changes (JUN 2007)
52.247-34 FOB Destination ( NOV 1991)
52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)
52.252-1 Solicitation Provisions Incorporated by Reference ( FEB 1998)
52.252-2 Clauses Incorporated by Reference (FEB 1998)
252.203-7000 Requirements Relating To Compensation of Former DoD Officials (SEP 2011)
252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)
252.203-7005 Representation Relating to Compensation of Former DoD Officials ( NOV 2011)
252.204-7006 Billing Instructions (OCT 2005)
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016)
252.223-7008 Prohibition of Hexavalent Chromium ( JUN 2013)
252.225-7001 Buy America and Balance of Payments Program-Basic ( DEC 2017)
252.225-7002 Qualifying Country Sources as Subcontractors ( DEC 2017)
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)
252.232-7006 Wide Area Workflow Payment Instructions (DEC 2018)
252.232-7010 Levies on Contract Payments (DEC 2006)
252.244-7000 Subcontracts for Commercial Items and Commercial Components DoD Contracts (JUN 2013)
252.247-7023 Transportation of Supplies by Sea – Basic (FEB 2019)
5352.201-9101 Ombudsman (OCT 2019)
52.204-1 Approval of Contract. 1989-12 As prescribed in 4.103, insert the following clause: Approval of Contract (DEC 1989). This contract is subject to the written approval of __CONTRACTING OFFICER__ and shall not be binding until so approved. (End of clause)
52.204-24 As prescribed in 4.2105(a), insert the following provision: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (DEC 2019)
The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.
(a) Definitions. As used in this provision—
“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—
(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(d) Representation. The Offeror represents that it â¡ will, â¡ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—
(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known). (End of provision)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)
As prescribed in 4.2105(b), insert the following clause: Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)
(a) Definitions. As used in this clause-
"Covered foreign country" means The People's Republic of China.
"Covered telecommunications equipment or services" means-
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure,
and other national security purposes, video surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any
subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary
of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign
country.
"Critical technology" means-
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in
Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration
Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons
proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered
by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export
and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or
part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50
U.S.C. 4817).
"Substantial or essential component" means any component necessary for the proper function or performance of a piece of
equipment, system, or service.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending
or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology as part of any
system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any system, or as critical technology
as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication
equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.
(c) Exceptions. This clause does not prohibit contractors from providing-
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or
packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or
essential component of any system, or as critical technology as part of any system, during contract performance, or the
Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information
in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures
for reporting the information; in the case of the Department of Defense, the Contractor shall report 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.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if
applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE)
code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler
number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) 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 covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and
other contractual instruments, including subcontracts for the acquisition of commercial items. (End of clause)
ADDENDUM TO 52.212-1
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)
Addendum to 52.212-1(e), Multiple Offers, is deleted in its entirety.
Addendum to 52.212-1(h), Multiple Awards, is deleted in its entirety.
Addendum to 52.212-1(d), Product Samples, is deleted in its entirety.
Addendum to 52.212-1(g), Contract Award (not applicable for Invitation for Bids) is tailored as follows: The Government intends to evaluate offers and award a contract without interchanges 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 interchanges 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.
(m) QUOTE PREPARATION INSTRUCTIONS.
A. To assure timely and equitable evaluation of quote, offeror must follow the instructions contained herein. Offerors are required to meet all quote requirements, including terms and conditions, and technical requirements, in addition to those identified as evaluation factors. Offeror must clearly identify any exception to the quote terms and conditions and provide complete accompanying rationale.
B. SUBMISSION OF TECHNICAL PROPOSAL:
(a) Drawings, specifications and pictures shall be provided with the offeror’s quote.
(b) Quotes shall be submitted (electronic copy) to the Contract Specialist directly by emailing all required documentation to [email protected]; and [email protected]
(c) All documents submitted in response to this RFQ must be fully responsive to and consistent with the requirements of the RFQ.
52.212-2 Evaluation - Commercial Items (OCT 2014)
(a) Basis for Award. This acquisition is being accomplished under FAR 12 Acquisition of Commercial Items and FAR 13.5 Simplified Procedures for Certain Commercial Items, utilizing Lowest Priced Technically Acceptable (LPTA) procedures. The Government intends to award a firm-fixed price (FFP) contract for Textbooks. This requirement is 100% set-aside for women owned small business concerns. The technically acceptable Offeror with lowest evaluated price who is deemed responsible in accordance with FAR 9.104 and whose proposal conforms to the solicitation requirements represents the Best Value to the Government. Best Value determination will be based on Lowest Priced Technically Acceptable (LPTA) offer, utilizing procedures in accordance with FAR 13.106-2.
(b) The Government will rank all offers by initially proposed total evaluated price, from lowest to highest. The Government will select a minimum of the three (3) lowest priced offerors for technical evaluation.
(c) The solicitation requirements include all stated terms, conditions, representations, certifications, and all other information required by this solicitation. It is the Government's intent to evaluate quotes and award without interchanges with Offerors. Therefore, the Offeror's initial quotes should contain the Offeror's best terms from a price, and technical standpoint. However, the Government reserves the right to conduct interchanges if the Contracting Officer (CO) later determines them to be necessary.
1.0 Evaluation Process. The evaluation factor and process to be used is listed below.
1.1 Evaluation Factors. In evaluating quotes, the Government will select the quote that is most advantageous to the Government.
1.1.1 Technical Evaluation.
(A) Acceptability Ratings. The evaluation factors listed below will be used to evaluate each quote and will receive one of the following ratings:
(i) Acceptable – Quote meets the requirements of the solicitation
(ii) Unacceptable – Quote does not meet requirements of the solicitation.
(B) Submit product descriptions for each item being quoted.
The offeror shall submit products that match the item descriptions in (Attachment 1). Drawings, specifications and pictures shall be provided with the offeror’s quote. The drawings shall include size specifications and enough detail to clearly display an understanding of what will be provided.
The standard has been met when: The offeror provides products that fully conform to the product description requirements specified in the item description (Attachment 1) and the technical specifications.
1.1.2 Price Evaluation. An offeror's proposed Total Estimated Price (TEP) will be determined by multiplying the estimated quantities identified in the Schedule of Supplies by the quoted unit price for each Line Item Number (CLIN). The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness.
1.1.2.2 Evaluation of Factors. Offeror’s are advised that their initial submission should be their best effort. Only technically acceptable quotes, either initially or as a result of interchanges, are eligible for award. If award is made without interchanges, quote revisions will not be permitted. The Government will evaluate the quotes selected above for technical acceptability on an Acceptable/ Unacceptable basis. For the technical quote to be rated as "Acceptable", the technical factor must be rated acceptable. If the
Technical factor is rated "Unacceptable" the overall quote will be rated as "Unacceptable".
ADDENDUM TO 52.212-4
FAR 52.212-4, CONTRACT TERMS AND CONDITIONS (OCT 2018)
Reference FAR 52.212-4, Paragraph (c) is hereby tailored as follows:
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes such as paying office, appropriation data, etc., which may be changed unilaterally by the Government.
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (JAN 2019)
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan2019)
(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of
Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab
and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(4) 52.233-3, Protest After Award (Aug 1996) (31U.S.C.3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805
note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being
incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of
commercial items:
[Contracting Officer check as appropriate.]
__X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41
U.S.C.4704 and 10 U.S.C.2402).
__X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__X__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010)
(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282)
(31 U.S.C. 6101 note).
____ (5) [Reserved].
____ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
____ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117,
section 743 of Div. C).
__X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
____ (10) [Reserved].
____ (11)
(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).
____ (ii) Alternate I (Nov 2011) of 52.219-3.
____ (12)
(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to
waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (Jan 2011) of 52.219-4.
____ (13) [Reserved]
____ (14)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).
(ii) Alternate I (Nov 2011).
____ (iii) Alternate II (Nov 2011).
____ (15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
__X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
____ (17)
(i) 52.219-9, Small Business Subcontracting Plan (Aug2018) (15 U.S.C. 637(d)(4))
____ (ii) Alternate I (Jan 2017) of 52.219-9.
____ (iii) Alternate II (Nov 2016) of 52.219-9.
____ (iv) Alternate III (Nov 2016) of 52.219-9.
____ (v) Alternate IV (Aug 2018) of 52.219-9
__X__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
____ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).
____ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
__X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small
Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
__X__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible
Under the Women-Owned Small Business Program (Dec2015) (15 U.S.C. 637(m)).
__X__ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).
__X__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).
__X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
____ (28)
(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).
(ii) Alternate I (Feb 1999) of 52.222-26.
(29)
(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(i) Alternate I (July 2014) of 52.222-35.
(30)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
(ii) Alternate I (July 2014) of 52.222-36.
____ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
____ (33)
(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the
acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (35)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially
available off-the-shelf items.)
____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.
13693).
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016)
(E.O. 13693).
____ (38)
(i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Oct 2015) of 52.223-13.
____ (39)
(i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun2014) of 52.223-14.
(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (41)
(i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
__X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
____ (44) 52.223-21, Foams (Jun2016) (E.O. 13693).
____ (45)
(i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a).
____ (ii) Alternate I (Jan 2017) of 52.224-3.
__X__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C.chapter 83).
____ (47)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301
note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302,
109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
(iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (48) 52.225-5, Trade Agreements (Aug 2016) (19 U.S.C.2501, et seq., 19 U.S.C. 3301 note).
__X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes
administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862,
as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).
____ (54) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).
__X__ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
____ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31
U.S.C.3332).
____ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).
____ (60)
(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.
____ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the
Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]
____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
____ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and
Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29
U.S.C.206 and 41 U.S.C.chapter 67).
____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance,
Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.chapter 67).
____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-
Requirements (May 2014) (41 U.S.C.chapter 67).
____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
__X__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this
contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain
the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have
access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for
examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in
FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially
terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination
settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or
relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data,
regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the
Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not
required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items.
Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of
Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor
provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab
and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000
($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that
offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (May2014) (E.O. 13495). Flow down required in accordance with
paragraph (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29 U.S.C.793).
(x) 52.222-37, Employment Reports on Veterans (Feb2016) (38 U.S.C.4212)
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (Aug2014) (41 U.S.C. chapter 67).
(xiii)
(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar2015) of 52.222-50(22U.S.C. chapter 78 and E.O 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance,
Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C.chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-
Requirements (May2014) (41 U.S.C.chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as
amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down
required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preferencefor 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 clause52.247-64.
(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.
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.
Authorized Deviations in Clauses (Apr 1984)
(a)The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR, Chapter1) clause with an authorized
deviation is indicated by the addition of (DEVIATION) after the date of the clause.
(b)The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR, Chapter 2) clause with an
authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation. (End of clause)
List of Attachment(s):
1. Item Description List
2. Brand Name Justification, Redacted