Title: Combined Synopsis/Solicitation RFQ DAS 00-128
Date: November 2, 1999
Combined Synopsis/Solicitation RFQ DAS 00-128
52.212-1 Instructions to Offerors--Commercial Items.
Instructions to Offerors--Commercial Items
(June 1999)
(a) Standard industrial classification (SIC) code and small business
size standard. The SIC code and small business size standard for this
acquisition appear in Block 10 of the solicitation cover sheet (SF
1449). However, the small business size standard for a concern which
submits an offer in its own name, but which proposes to furnish an item
which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office
specified in this solicitation at or before the exact time specified in
this solicitation. Offers may be submitted on the SF 1449, letterhead
stationery, or as otherwise specified in the solicitation. As a minimum,
offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient
detail to evaluate compliance with the requirements in the solicitation.
This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR
52.212-3;
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation
factor, to include recent and relevant contracts for the same or similar
items and other references (including contract numbers, points of
contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement
specifying the extent of agreement with all terms, conditions, and
provisions included in the solicitation. Offers that fail to furnish
required representations or information, or reject the terms and
conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the
prices in its offer firm for 30 calendar days from the date specified
for receipt of offers, unless another time period is specified in an
addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples
shall be submitted at or prior to the time specified for receipt of
offers. Unless otherwise specified in this solicitation, these samples
shall be submitted at no expense to the Government, and returned at the
sender's request and expense, unless they are destroyed during preaward
testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers
presenting alternative terms and conditions or commercial items for
satisfying the requirements of this solicitation. Each offer submitted
will be evaluated separately.
(f) Late offers. Offers or modifications of offers received at the
address specified for the receipt of offers after the exact time
specified for receipt of offers will not be considered.
(g) Contract award (not applicable to Invitation for Bids). The
Government intends to evaluate offers and award a contract without
discussions with offerors. Therefore, the offeror's initial offer should
contain the offeror's best terms from a price and technical standpoint.
However, the Government reserves the right to conduct discussions if
later determined by the Contracting Officer to be necessary. The
Government may reject any or all offers if such action is in the public
interest; accept other than the lowest offer; and waive informalities
and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of
items of an offer, unless the offeror qualifies the offer by specific
limitations. Unless otherwise provided in the Schedule, offers may not
be submitted for quantities less than those specified. The Government
reserves the right to make an award on any item for a quantity less than
the quantity offered, at the unit prices offered, unless the offeror
specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial
Item Descriptions, FPMR Part 101-29, and copies of specifications,
standards, and commercial item descriptions cited in this solicitation
may be obtained for a fee by submitting a request to--
GSA Federal Supply Service Specifications Section
Suite 8100
470 East L'Enfant Plaza, SW
Washington, DC 20407
Telephone (202) 619-8925
Facsimile (202) 619-8978.
(j) Data Universal Numbering System (DUNS) Number. (Applies to offers
exceeding $25,000.) The offeror shall enter, in the block with its name
and address on the cover page of its offer, the annotation "DUNS"
followed by the DUNS number that identifies the offeror's name and
address. If the offeror does not have a DUNS number, it should contact
Dun and Bradstreet to obtain one at no charge. An offeror within the
United States may call 1-800-333-0505. The offeror may obtain more
information regarding the DUNS number, including locations of local Dun
and Bradstreet Information Services offices for offerors located outside
the United States, from the Internet home page at
http://www.customerservice@dnb.com. If an offeror is unable to locate a
local service center, it may send an e-mail to Dun and Bradstreet at
globalinfo@mail.dnb.com.
(End of provision)
52.212-3 Offeror Representations and Certifications--Commercial Items.
ALL VENDORS ARE REQUIRED TO FILL OUT THIS CLAUSE.
Offeror Representations and Certifications--Commercial Items (Oct 1999)
(a) Definitions. As used in this provision:
"Emerging small business" means a small business concern whose size is
no greater than 50 percent of the numerical size standard for the
standard industrial classification code designated.
"Small business concern" means a concern, including its affiliates, that
is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified
as a small business under the criteria in 13 CFR part 121 and size
standards in this solicitation.
"Women-owned small business concern" means a small business concern--
(1) Which is at least 51 percent owned by one or more women or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one
or more women.
"Women-owned business concern" means a concern which is at least 51
percent owned by one or more women; or in the case of any publicly owned
business, at least 51 percent of its stock is owned by one or more
women; and whose management and daily business operations are controlled
by one or more women.
(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C.
7701). (Not applicable if the offeror is required to provide this
information to a central contractor registration database to be eligible
for award.)
(1) All offerors must submit the information required in paragraphs
(b)(3) through (b)(5) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of
26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by
the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror's relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
____ TIN: _____________________.
____TIN has been applied for.
____TIN is not required because:
____ Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have an
office or place of business or a fiscal paying agent in the United
States;
____ Offeror is an agency or instrumentality of a foreign government;
____Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization.
____Sole proprietorship;
____Partnership;
____Corporate entity (not tax-exempt);
____Corporate entity (tax-exempt);
____Government entity (Federal, State, or local);
____Foreign government;
____International organization per 26 CFR 1.6049-4;
____Other _________________________.
(5) Common parent.
____ Offeror is not owned or controlled by a common parent;
____Name and TIN of common parent:
Name ___________________.
TIN _____________________.
(c) Offerors must complete the following representations when the
resulting contract is to be performed inside the United States, its
territories or possessions, Puerto Rico, the Trust Territory of the
Pacific Islands, or the District of Columbia. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer
that it ___ is, ___ is not a small business concern.
(2) Small disadvantaged business concern. [Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of
this provision.] The offeror represents, for general statistical
purposes, that it ___ is, ___ is not a small disadvantaged business
concern as defined in 13 CFR 124.1002.
(3) Women-owned small business concern. [Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of
this provision.] The offeror represents that it ___ is, ___ is not a
women-owned small business concern.
Note: Complete paragraphs (c)(4) and (c)(5) only if this solicitation is
expected to exceed the simplified acquisition threshold.
(4) Women-owned business concern (other than small business concern).
[Complete only if the offeror is a women-owned business concern and did
not represent itself as a small business concern in paragraph (c)(1) of
this provision.] The offeror represents that it ___ is a women-owned
business concern.
(5) Tie bid priority for labor surplus area concerns. If this is an
invitation for bid, small business offerors may identify the labor
surplus areas in which costs to be incurred on account of manufacturing
or production (by offeror or first-tier subcontractors) amount to more
than 50 percent of the contract price:
___________________________________________
(6) Small Business Size for the Small Business Competitiveness
Demonstration Program and for the Targeted Industry Categories under the
Small Business Competitiveness Demonstration Program. [Complete only if
the offeror has represented itself to be a small business concern under
the size standards for this solicitation.]
(i) [Complete only for solicitations indicated in an addendum as being
set-aside for emerging small businesses in one of the four designated
industry groups (DIGs).] The offeror represents as part of its offer
that it ____ is, ___ is not an emerging small business.
(ii) [Complete only for solicitations indicated in an addendum as being
for one of the targeted industry categories (TICs) or four designated
industry groups (DIGs).] Offeror represents as follows:
(A) Offeror's number of employees for the past 12 months (check the
Employees column if size standard stated in the solicitation is
expressed in terms of number of employees); or
(B) Offeror's average annual gross revenue for the last 3 fiscal years
(check the Average Annual Gross Number of Revenues column if size
standard stated in the solicitation is expressed in terms of annual
receipts).
(Check one of the following):
(7) [Complete only if the solicitation contains the clause at FAR
52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged
Business Concerns, or FAR 52.219-25, Small Disadvantaged Business
Participation Program--Disadvantaged Status and Reporting, and the
offeror desires a benefit based on its disadvantaged status.]
(i) General. The offeror represents that either--
(A) It ___ is, ___ is not certified by the Small Business Administration
as a small disadvantaged business concern and identified, on the date of
this representation, as a certified small disadvantaged business concern
in the database maintained by the Small Business Administration
(PRO-Net), and that no material change in disadvantaged ownership and
control has occurred since its certification, and, where the concern is
owned by one or more individuals claiming disadvantaged status, the net
worth of each individual upon whom the certification is based does not
exceed $750,000 after taking into account the applicable exclusions set
forth at 13 CFR 124.104(c)(2); or
(B) It ___ has, ___ has not submitted a completed application to the
Small Business Administration or a Private Certifier to be certified as
a small disadvantaged business concern in accordance with 13 CFR 124,
Subpart B, and a decision on that application is pending, and that no
material change in disadvantaged ownership and control has occurred
since its application was submitted.
(ii) ___ Joint Ventures under the Price Evaluation Adjustment for Small
Disadvantaged Business Concerns. The offeror represents, as part of its
offer, that it is a joint venture that complies with the requirements in
13 CFR 124.1002(f) and that the representation in paragraph (c)(7)(i) of
this provision is accurate for the small disadvantaged business concern
that is participating in the joint venture. [The offeror shall enter the
name of the small disadvantaged business concern that is participating
in the joint venture:___________________.]
(d) Representations required to implement provisions of Executive Order
11246--(1) Previous contracts and compliance. The offeror represents
that--
(i) It ___ has, ___ has not participated in a previous contract or
subcontract subject to the Equal Opportunity clause of this
solicitation; and
(ii) It ___ has, ___ has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ___ has developed and has on file, ___ has not developed and
does not have on file, at each establishment, affirmative action
programs required by rules and regulations of the Secretary of Labor (41
CFR parts 60-1 and 60-2), or
(ii) It ___ has not previously had contracts subject to the written
affirmative action programs requirement of the rules and regulations of
the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions
(31 U.S.C. 1352). (Applies only if the contract is expected to exceed
$100,000.) By submission of its offer, the offeror certifies to the best
of its knowledge and belief that no Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress or an employee of a Member of Congress
on his or her behalf in connection with the award of any resultant
contract.
(f) Buy American Act--Trade Agreements--Balance of Payments Program
Certificate. (Applies only if FAR clause 52.225-9, Buy American
Act--Trade Agreement--Balance of Payments Program, is included in this
solicitation.) (1) The offeror hereby certifies that each end product,
except those listed in paragraph (f)(2) of this provision, is a domestic
end product (as defined in the clause entitled "Buy American Act--Trade
Agreements--Balance of Payments Program") and that components of unknown
origin have been considered to have been mined, produced, or
manufactured outside the United States, a designated country, a North
American Free Trade Agreement (NAFTA) country, or a Caribbean Basin
country, as defined in section 25.401 of the Federal Acquisition
Regulation.
(2) Excluded End Products:
(List as necessary)
(3) Offers will be evaluated by giving certain preferences to domestic
end products, designated country end products, NAFTA country end
products, and Caribbean Basin country end products over other end
products. In order to obtain these preferences in the evaluation of each
excluded end product listed in paragraph (f)(2) of this provision,
offerors must identify and certify below those excluded end products
that are designated or NAFTA country end products, or Caribbean Basin
country end products. Products that are not identified and certified
below will not be deemed designated country end products, NAFTA country
end products, or Caribbean Basin country end products. Offerors must
certify by inserting the applicable line item numbers in the following:
(i) The offeror certifies that the following supplies qualify as
"designated or NAFTA country end products" as those terms are defined in
the clause entitled "Buy American Act--Trade Agreements--Balance of
Payments Program":
_______________________________________
_______________________________________
_______________________________________
(Insert line item numbers)
(ii) The offeror certifies that the following supplies qualify as
"Caribbean Basin country end products" as that term is defined in the
clause entitled "Buy American Act--Trade Agreements--Balance of Payments
Program":
_______________________________________
_______________________________________
_______________________________________
(Insert line item numbers)
(4) Offers will be evaluated in accordance with FAR Part 25.
(g)(1) Buy American Act--North American Free Trade Agreement
Implementation Act--Balance of Payments Program. (Applies only if FAR
clause 52.225-21, Buy American Act--North American Free Trade Agreement
Implementation Act--Balance of Payments Program, is included in this
solicitation.) (i) The offeror certifies that each end product being
offered, except those listed in paragraph (g)(1)(ii) of this provision,
is a domestic end product (as defined in the clause entitled "Buy
American Act--North American Free Trade Agreement Implementation
Act--Balance of Payments Program," and that components of unknown origin
have been considered to have been mined, produced, or manufactured
outside the United States.
(ii) Excluded End Products:
(List as necessary)
(iii) Offers will be evaluated by giving certain preferences to domestic
end products or NAFTA country end products over other end products. In
order to obtain these preferences in the evaluation of each excluded end
product listed in paragraph (g)(1)(ii) of this provision, offerors must
identify and certify below those excluded end products that are NAFTA
country end products. Products that are not identified and certified
below will not be deemed NAFTA country end products. The offeror
certifies that the following supplies qualify as "NAFTA country end
products" as that term is defined in the clause entitled "Buy American
Act--North American Free Trade Agreement Implementation Act--Balance of
Payments Program":
___________________________________________
___________________________________________
___________________________________________
(Insert line item numbers)
(iv) Offers will be evaluated in accordance with Part 25 of the Federal
Acquisition Regulation. In addition, if this solicitation is for
supplies for use outside the United States, an evaluation factor of 50
percent will be applied to offers of end products that are not domestic
or NAFTA country end products.
(2) Alternate I. If Alternate I to the clause at 52.225-21 is included
in this solicitation, substitute the following paragraph (g)(1)(iii) for
paragraph (g)(1)(iii) of this provision:
(g)(1)(iii) Offers will be evaluated by giving certain preferences to
domestic end products or Canadian end products over other end products.
In order to obtain these preferences in the evaluation of each excluded
end product listed in paragraph (b) of this provision, offerors must
identify and certify below those excluded end products that are Canadian
end products. Products that are not identified and certified below will
not be deemed Canadian end products.
The offeror certifies that the following supplies qualify as "Canadian
end products" as that term is defined in the clause entitled "Buy
American Act--North American Free Trade Agreement Implementation
Act--Balance of Payments Program":
___________________________________________
[Insert line item numbers]
(h) Certification Regarding Debarment, Suspension or Ineligibility for
Award (Executive Order 12549). The offeror certifies, to the best of its
knowledge and belief, that--
(1) The offeror and/or any of its principals ___ are, ___ are not
presently debarred, suspended, proposed for debarment, or declared
ineligible for the award of contracts by any Federal agency; and
(2) __ Have, __have not, within a three-year period preceding this
offer, been convicted of or had a civil judgment rendered against them
for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a Federal, state or local
government contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, or receiving stolen
property; and ___ are, ___ are not presently indicted for, or otherwise
criminally or civilly charged by a Government entity with, commission of
any of these offenses.
(End of provision)
52.212-4 Contract Terms and Conditions--Commercial Items.
Contract Terms and Conditions--Commercial Items (May 1999)
(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. The Government must exercise its post-acceptance rights--
(1) Within a reasonable time after the defect was discovered or should
have been discovered; and
(2) Before any substantial change occurs in the condition of the item,
unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee's rights to be paid
amounts due as a result of performance of this contract, may be assigned
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).
(c) Changes. Changes in the terms and conditions of this contract may be
made only by written agreement of the parties.
(d) Disputes. This contract is subject to the Contract Disputes Act of
1978, as amended (41 U.S.C. 601-613). Failure of the parties to this
contract to reach agreement on any request for equitable adjustment,
claim, appeal or action arising under or relating to this contract shall
be a dispute to be resolved in accordance with the clause at FAR
52.233-1, Disputes, which is incorporated herein by reference. The
Contractor shall proceed diligently with performance of this contract,
pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is
incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless
nonperformance is caused by an occurrence beyond the reasonable control
of the Contractor and without its fault or negligence such as, acts of
God or the public enemy, acts of the Government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common
carriers. The Contractor shall notify the Contracting Officer in writing
as soon as it is reasonably possible after the commencement of any
excusable delay, setting forth the full particulars in connection
therewith, shall remedy such occurrence with all reasonable dispatch,
and shall promptly give written notice to the Contracting Officer of the
cessation of such occurrence.
(g) Invoice. 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--
(1) Name and address of the Contractor;
(2) Invoice date;
(3) Contract number, contract line item number and, if applicable, the
order number;
(4) Description, quantity, unit of measure, unit price and extended
price of the items delivered;
(5) Shipping number and date of shipment including the bill of lading
number and weight of shipment if shipped on Government bill of lading;
(6) Terms of any prompt payment discount offered;
(7) Name and address of official to whom payment is to be sent; and
(8) Name, title, and phone number of person to be notified in event of
defective invoice.
Invoices will be handled in accordance with the Prompt Payment Act (31
U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125,
Prompt Payment. Contractors are encouraged to assign an identification
number to each invoice.
(h) Patent indemnity. The Contractor shall indemnify the Government and
its officers, employees and agents against liability, including costs,
for actual or alleged direct or contributory infringement of, or
inducement to infringe, any United States or foreign patent, trademark
or copyright, arising out of the performance of this contract, provided
the Contractor is reasonably notified of such claims and proceedings.
(i) Payment. Payment shall be made for items accepted by the Government
that have been delivered to the delivery destinations set forth in this
contract. The Government will make payment in accordance with the Prompt
Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB)
Circular A-125, Prompt Payment. If the Government makes payment by
Electronic Funds Transfer (EFT), see 52.212-5(b) for the appropriate EFT
clause. 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.
(j) Risk of loss. Unless the contract specifically provides otherwise,
risk of loss or damage to the supplies provided under this contract
shall remain with the Contractor until, and shall pass to the Government
upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b.
origin; or
(2) Delivery of the supplies to the Government at the destination
specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State,
and local taxes and duties.
(l) Termination for the Government's convenience. The Government
reserves the right to terminate this contract, or any part hereof, for
its sole convenience. In the event of such termination, the Contractor
shall immediately stop all work hereunder and shall immediately cause
any and all of its suppliers and subcontractors to cease work. Subject
to the terms of this contract, the Contractor shall be paid a percentage
of the contract price reflecting the percentage of the work performed
prior to the notice of termination, plus reasonable charges the
Contractor can demonstrate to the satisfaction of the Government using
its standard record keeping system, have resulted from the termination.
The Contractor shall not be required to comply with the cost accounting
standards or contract cost principles for this purpose. This paragraph
does not give the Government any right to audit the Contractor's
records. The Contractor shall not be paid for any work performed or
costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract,
or any part hereof, for cause in the event of any default by the
Contractor, or if the Contractor fails to comply with any contract terms
and conditions, or fails to provide the Government, upon request, with
adequate assurances of future performance. In the event of termination
for cause, the Government shall not be liable to the Contractor for any
amount for supplies or services not accepted, and the Contractor shall
be liable to the Government for any and all rights and remedies provided
by law. If it is determined that the Government improperly terminated
this contract for default, such termination shall be deemed a
termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items
furnished under this contract shall pass to the Government upon
acceptance, regardless of when or where the Government takes physical
possession.
(o) Warranty. The Contractor warrants and implies that the items
delivered hereunder are merchantable and fit for use for the particular
purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express
or implied warranty, the Contractor will not be liable to the Government
for consequential damages resulting from any defect or deficiencies in
accepted items.
(q) Other compliances. The Contractor shall comply with all applicable
Federal, State and local laws, executive orders, rules and regulations
applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor
agrees to comply with 31 U.S.C. 1352 relating to limitations on the use
of appropriated funds to influence certain Federal contracts; 18 U.S.C.
431 relating to officials not to benefit; 40 U.S.C. 327, et seq.,
Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58,
Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to
whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C.
423 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or
contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and
Compliance with Laws Unique to Government Contracts paragraphs of this
clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license
agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(End of clause)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or
Executive Orders-- Commercial Items.
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders--Commercial Items (May 1999)
(a) The Contractor agrees to comply with the following FAR clauses,
which are incorporated in this contract by reference, to implement
provisions of law or executive orders applicable to acquisitions of
commercial items:
(1) 52.222-3, Convict Labor (E.O. 11755); and
(2) 52.233-3, Protest after Award (31 U.S.C 3553).
(b) The Contractor agrees to comply with the FAR clauses in this
paragraph (b) which 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
or components:
[Contracting Officer shall check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government,
with Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402).
___ (2) 52.219-3, Notice of Total HUBZone Small Business Set-Aside (Jan
1999).
___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone
Small Business Concerns (Jan 1999) (if the offeror elects to waive the
preference, it shall so indicate in its offer).
___ (4)(i) 52.219-5, Very Small Business Set-Aside (Pub. L. 103-403,
section 304, Small Business Reauthorization and Amendments Act of 1994).
___ (ii) Alternate I to 52.219-5.
___ (iii) Alternate II to 52.219-5.
___ (5) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637
(d)(2) and (3)).
___ (6) 52.219-9, Small Business Subcontracting Plan (15 U.S.C.
637(d)(4)).
___ (7) 52.219-14, Limitations on Subcontracting (15 U.S.C. 637(a)(14)).
___ (8)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small
Disadvantaged Business Concerns (Pub. L. 103-355, section 7102, and 10
U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so
indicate in its offer).
(ii)___ Alternate I of 52.219-23.
___ (9) 52.219-25, Small Disadvantaged Business Participation
Program--Disadvantaged Status and Reporting (Pub. L. 103-355, section
7102, and 10 U.S.C. 2323).
___ (10) 52.219-26, Small Disadvantaged Business Participation
Program--Incentive Subcontracting (Pub. L. 103-355, section 7102, and 10
U.S.C. 2323).
XX (11) 52.222-21, Prohibition of Segregated Facilities (Feb 1999)
XX (12) 52.222-26, Equal Opportunity (E.O. 11246).
XX (13) 52.222-35, Affirmative Action for Disabled Veterans and Veterans
of the Vietnam Era (38 U.S.C. 4212).
XX (14) 52.222-36, Affirmative Action for Workers with Disabilities (29
U.S.C. 793).
XX (15) 52.222-37, Employment Reports on Disabled Veterans and Veterans
of the Vietnam Era (38 U.S.C. 4212).
XX (16) 52.225-3, Buy American Act--Supplies (41 U.S.C. 10).
___ (17) 52.225-9, Buy American Act--Trade Agreements Act--Balance of
Payments Program (41 U.S.C. 10, 19 U.S.C. 2501-2582).
___ (18) [Reserved]
___ (19) 52.225-18, European Union Sanction for End Products (E.O.
12849).
___ (20) 52.225-19, European Union Sanction for Services (E.O. 12849).
___ (21)(i) 52.225-21, Buy American Act--North American Free Trade
Agreement Implementation Act--Balance of Payments Program (41 U.S.C. 10,
Pub. L. 103-187).
___ (ii) Alternate I of 52.225-21.
XX (22) 52.232-33, Payment by Electronic Funds Transfer--Central
Contractor Registration (31 U.S.C. 3332).
___ (23) 52.232-34, Payment by Electronic Funds Transfer--Other than
Central Contractor Registration (31 U.S.C. 3332).
___ (24) 52.232-36, Payment by Third Party (31 U.S.C. 3332).
___ (25) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).
___ (26) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (46 U.S.C. 1241).
(c) The Contractor agrees to comply with the FAR clauses in this
paragraph (c), applicable to commercial services, which 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 or components:
[Contracting Officer check as appropriate.]
___ (1) 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C.
351, et seq.).
___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (29
U.S.C. 206 and 41 U.S.C. 351, et seq.).
___ (3) 52.222-43, Fair Labor Standards Act and Service Contract
Act--Price Adjustment (Multiple Year and Option Contracts) (29 U.S.C.
206 and 41 U.S.C. 351, et seq.).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract
Act--Price Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
___ (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to
Successor Contract Pursuant to Predecessor Contractor Collective
Bargaining Agreement (CBA) (41 U.S.C. 351, et seq.).
(d) Comptroller General Examination of Record. The Contractor agrees to
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) Notwithstanding the requirements of the clauses in paragraphs (a),
(b), (c) or (d) of this clause, the Contractor is not required to
include any FAR clause, other than those listed below (and as may be
required by an addenda to this paragraph to establish the reasonableness
of prices under Part 15), in a subcontract for commercial items or
commercial components--
(1) 52.222-26, Equal Opportunity (E.O. 11246);
(2) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of
the Vietnam Era (38 U.S.C. 4212);
(3) 52.222-36, Affirmative Action for Workers with Disabilities (29
U.S.C. 793); and
(4) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial
Vessels (46 U.S.C. 1241) (flow down not required for subcontracts
awarded beginning May 1, 1996).
(End of clause)