Annual Survey of Law Conference
I. GENERAL INFORMATION The 42nd Contracting Squadron, 50 LeMay Plaza, Bldg. 804, Maxwell AFB, AL has a requirement to purchase Audio-Visual Support Services for the Air Force Judge Advocate General's ... I. GENERAL INFORMATION The 42nd Contracting Squadron, 50 LeMay Plaza, Bldg. 804, Maxwell AFB, AL has a requirement to purchase Audio-Visual Support Services for the Air Force Judge Advocate General's School (AFJAGS) Annual Survey of the Law Course. The event takes place at the Hilton Orlando, 6001 Destination Parkway, Orlando, Florida. This is a streamlined 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 notice. A written solicitation will not be issued. This requirement is issued as a request for quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect the Federal Acquisition Circular 2019-01 and DFARS DPN change notice 20180928. A Firm Fixed Priced (FFP) Award will be made in accordance with the following: NAICS Code: This acquisition is being solicited as a 100% small business set-aside. The North American Industrial Classification System (NAICS) code for this acquisition is 532490, Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance with a size standard of $32,500,000. II. NATURE OF ACQUISITION: Maxwell AFB has a requirement to purchase the below services. This procurement will be awarded under Simplified Acquisition Procedures. Quotes must be received no later than 26 February 2019, 11:00am, Central Standard Time (CST). Email quotes to lannery.purcell@us.af.mil and kimberly.knott.1@us.af.mil. It is the offeror's responsibility to ensure the quote has been received by the contracting office by telephone or email confirmation. Fax quotes will not be accepted. Late quotes will be processed in accordance with FAR 52.212-1(f) "Late submission, modifications, revisions, and withdrawals of offers." If there are any questions, please email lannery.purcell@us.af.mil and kimberly.knott.1@us.af.mil. III. SCHEDULE OF SUPPLIES/SERVICES: All services are to be performed in accordance with (IAW) the attached Performance Work Statement (PWS), dated 5 Feb 2019. The contractor shall provide the services listed below. Period of Performance (PoP): 13 March 19 - 16 March 19. Item Number* Description of Requirement Quantity Unit Unit Price Total Price 0001 Ballroom package for 750. Equipment rental includes projectors, projector screen, speaker podium, (25) laptops, wireless remote, subwoofer, table & skirt, pro rack, hoist motor & power supply, multi sync monitors, (2) laser printers, etc. in accordance with (IAW) attached performance work statement (PWS). 1 Each 0002 Labor for equipment set up and tear down in accordance with (IAW) attached performance work statement (PWS). 1 Each 0003 Technician Labor duties in accordance with (IAW) attached performance work statement (PWS). 1 Each Total: $_________________________ IV. QUOTE PREPARATION INSTRUCTIONS 52.212-1 ADDENDUM ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS This firm fixed-price solicitation is a 100% Total Small Business Set-aside. To insure timely and equitable evaluation of the quote, the offeror must comply with the instructions contained herein. Noncompliance may raise doubt regarding the offeror's performance capabilities and may be grounds to eliminate the quote from consideration for contract award. Quotes must be complete, self-sufficient, and respond directly to the requirements of this RFQ. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. a. The offeror must submit a signed and dated quote on company letterhead with unit prices and extended prices in response to this solicitation. In doing so and without taking any exception to the requirements of this synopsis/solicitation, including the PWS, "Schedule of Supplies/Services" and terms and conditions, the offeror accedes to all solicitation requirements. b. Offerors must include a completed copy of the provisions at FAR 52.212-3, Alternate I, Offeror Representations and Certifications - Commercial Items. c. Offerors must provide a unit price and extended price for each Contract Line Item Number (CLIN), X001, X002, X003,) including all option periods referenced in the "SCHEDULE OF SUPPLIES/SERVICES." d. Interested parties capable of providing the requirement must submit a written quote to include discount terms, tax identification number, cage code, and DUNS. e. To be eligible to receive an award resulting from this RFQ, contractors must be registered in the System for Award Management (SAM) database, no exceptions. To register, please visit http://www.sam.gov or by calling 1-866-606-8220. f. Quote Contents: PART I - TECHNICAL: Provide quote that accedes to all the requirements of the synopsis/solicitation. PART II - PRICE: The offeror must submit proposed unit and extended prices in Section III (see above) of the synopsis/solicitation for CLIN 0001, CLIN 0002, and CLIN 0003. The price factor will be evaluated for reasonableness. IMPORTANT NOTE: Multiple Offerors nor Multiple Awards will be considered. A single award will be made in the resultant contract. V. BASIS FOR AWARD This is a 100% Small Business Set-Aside firm-fixed price contract. This is a competitive best value acquisition utilizing FAR 13.5, Simplified Procedures for Certain Commercial Items. Award will be based on technical acceptability and price. Award will be made to the lowest priced offer that has an acceptable technical rating. The government intends to evaluate offers and award a contract without discussions with offerors; therefore, each offeror's initial quote should be complete and accurate and contain the offeror's best price. However, the government reserves the right to conduct discussions if later determined to be necessary. PART I - TECHNICAL: The offeror by acceding to all of the requirements of this synopsis/solicitation (see Quotation Preparation Instructions) will be determined technically acceptable. Quotes will be assigned ratings of Acceptable (clearly meets minimum requirements) and Unacceptable (does not meet minimum requirements). PART II - PRICE: The Government will evaluate the price of all quotes that receive acceptable technical ratings as follows: Quotes will be determined fair and reasonable based on competitive quotes, comparison with similar services in a related industry, comparison to an independent Government estimate, or any other reasonable basis in accordance with FAR 13.106-2. 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 252.203-7005 Representation Relating to Compensation of Former DoD Officials. As prescribed in 203.171-4(b), insert the following provision: 2011-11 SEC K 252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 SEC I 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 252.215-7007 Notice of Intent to Resolicit. 2012-06 SEC K 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. 2018-01 SEC L 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 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 SEC G 252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I 52.243-1 Changes-Fixed-Price. 1987-08 SEC I 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. 2017-01 SEC I 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 SEC I 52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC K 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC I 52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 SEC I 52.204-22 Alternative Line Item Proposal. 2017-01 SEC I 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. 2018-07 SEC I 52.204-7 System for Award Management. 2018-10 SEC L 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 52.219-6 Notice of Total Small Business Set-Aside. 2011-11 SEC I 52.219-6 Notice of Total Small Business Set-Aside. - (Alternate I) 2011-11 SEC I Alternate I 2011-11 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 SEC I 52.232-23 Assignment of Claims. 2014-05 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.243-1 Changes-Fixed-Price. - (Alternate I) 1984-04 SEC I Alternate I 1984-04 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). 1984-04 SEC I 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02 SEC I CLAUSES IN FULL TEXT VARIATION CLAUSE NO. CLAUSE TITLE (MONTH YEAR) NAME DATE CLAUSE TEXT 252.215-7008 Only One Offer. (2013) As prescribed at 215.408(3), use the following provision: ONLY ONE OFFER (OCT 2013) (a) After initial submission of offers, the Offeror agrees to submit any subsequently requested additional cost or pricing data if the Contracting Officer notifies the offeror that- (1) Only one offer was received; and (2) Additional cost or pricing data is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3). (b) Requirement for submission of additional cost or pricing data. Except as provided in paragraph (c) of this provision, the Offeror shall submit additional cost or pricing data as follows: (1) If the Contracting Officer notifies the Offeror that additional cost or pricing data are required in accordance with paragraph (a) of this clause, the data shall be certified unless an exception applies (FAR 15.403-1(b)). (2) Exceptions from certified cost or pricing data. In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable. (i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office. (ii) Commercial item exception. For a commercial item exception, the Offeror shall submit, at a minimum, information on prices at which the same item or/ similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include (A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities; (B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market; or (C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item. (3) The Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Offerors determination of the prices to be offered in the catalog or marketplace. (4) Requirements for certified cost or pricing data. If the Offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies: (i) The Offeror shall prepare and submit certified cost or pricing data and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used, unless the Contracting Officer and the Offeror agree to a different format. (ii) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2. (c) If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following: (1) Profit rate or fee (as applicable). (2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1). (3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification]. (4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror. (d) If negotiations are conducted, the negotiated price should not exceed the offered price. (End of provision) (End of Clause) 252.232-7006 Wide Area WorkFlow Payment Instructions. ( 2018) As prescribed in 232.7004(b), use the following clause: WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) (a) Definitions. As used in this clause- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area Work Flow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and (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. (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/ (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order: (1) Document type. The Contractor shall submit payment requests using the following document type(s): (i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher. (ii) For fixed price line items (A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. __N/A__ (Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.) (B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. __invoice receiving report combo__ (Contracting Officer: Insert either Invoice 2in1 or the applicable invoice and receiving report document type(s) for fixed price line items for services.) (iii) For customary progress payments based on costs incurred, submit a progress payment request. (iv) For performance based payments, submit a performance based payment request. (v) For commercial item financing, submit a commercial item financing request. (2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. (f) [Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and receiving report in one step.] (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. Routing Data Table* | Field Name in WAWF || Data to be entered in WAWF | | Pay Official DoDAAC || __FA87700__ | | Issue By DoDAAC || __FA3300__ | | Admin DoDAAC || __FA3300__ | | Inspect By DoDAAC || __F2XT10__ | | Ship To Code || __F2XT10__ | | Ship From Code || __N/A__ | | Mark For Code || __N/A__ | | Service Approver (DoDAAC) || __N/A__ | | Service Acceptor (DoDAAC) || __N/A__ | | Accept at Other DoDAAC || __N/A__ | | LPO DoDAAC || __N/A__ | | DCAA Auditor DoDAAC || __N/A__ | | Other DoDAAC(s) || __N/A__ | (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert See Schedule or Not applicable.) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).) (4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. (5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact. kimberly.knott.1@us.af.mil (2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. (End of clause) (End of Clause) 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items). (2018) As prescribed in 13.302-5(d), insert the following clause: Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (Oct 2018) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 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)). (ii) 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). (iii) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246). (vi) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (vii) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C.3553). (viii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub.L.108-77, 108-78 (19 U.S.C. 3805 note)). (2) Listed below are additional clauses that apply: (i) 52.232-1, Payments (Apr 1984). (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (iii) 52.232-11, Extras (Apr 1984). (iv) 52.232-25, Prompt Payment (Jan 2017). (v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013). (vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec2013) (vii) 52.233-1, Disputes (May2014). (viii) 52.244-6, Subcontracts for Commercial Items (Oct 2018). (ix) 52.253-1, Computer Generated Forms (Jan 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)(Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more). (ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2018) (E.O.13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.) (iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C.chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iv) 52.222-35, Equal Opportunity for Veterans (Oct2015) (38 U.S.C.4212) (applies to contracts of $150,000 or more). (v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C.793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212) (Applies to contracts of $150,000 or more). (vii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf). (viii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts). (B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies). (ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)). (x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.)) (xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May2011) (E.O. 13423) (Applies to services performed on Federal facilities). (xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)). (xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners). (xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR? Program or Federal Energy Management Program (FEMP)) will be- (A) Delivered; (B) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (C) Furnished by the Contractor for use by the Government; or (D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance). (xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices). (xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities. (xvii) 52.225-1, Buy American-Supplies (May2014) (41 U.S.C.chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition- (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see19.502-2), and does not exceed $25,000). (xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States). (xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information). (xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information). (xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.App.1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)). (2) Listed below are additional clauses that may apply: (i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system. (ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000). (iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies). (iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin). (v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://farsite.hill.af.mil/ [Insert one or more Internet addresses] (d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its post acceptance rights- (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) 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. (f) 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 supplie...
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