General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
SECTION III –Statement of Work (SOW) General Services Administration (GSA) Total Workplace Furniture and Information Technology (FIT) Indefinite Delivery/ Indefinite Quantity (IDIQ) 1.0
PROJECT DESCRIPTION
GSA’s Total Workplace initiative (FIT) provides resources and expertise to encourage agencies to reduce their office space, improve space utilization rates, foster collaboration, streamline spending on information technology, and increase energy efficiency. GSA intends to establish an Indefinite Delivery Indefinite Quantity Contract (IDIQ) that will be available to all Executive and Legislative Federal Government agencies, which will include one base year, with four one (1) year options. The purpose of this project is to obtain benching workstations, systems furniture, conference furniture, meeting tables, filing and storage and other ancillary furniture items. Design, Project management, delivery and installation services are also included in this IDIQ. The furniture requirements are listed below, indicated by furniture code and quantities. These anticipated furniture requirements are further described in Section 7.0 – Furniture Specifications. TYPICAL REQUIREMENTS: FUNCTIONAL AREA (1) - WORKPLACE FURNITURE CODE
DESCRIPTION
SF
WK-1
WORKSTATION – 5’ X 7’ WORKSTATION – 6’ X 6’
35
WK-2 WK-3
WORKSTATION – 6’ X 8’
48
WK-4
WORKSTATION – 120 DEGREE
BCH-1
BENCHING WORKSTATION – 48”W x 30”D WORKSURFACE
BCH-2
BENCHING WORKSTATION – 54”W x 30”D WORKSURFACE
BCH-3
BENCHING WORKSTATION – 60”W x 30”D WORKSURFACE
BCH-4
BENCHING WORKSTATION – 72”W x 30”D WORKSURFACE
PO-1
PRIVATE OFFICE – 8’ x 10’
PO-2
PRIVATE OFFICE – 8’ x 10’ WITH PENINSULA WORKSURFACE
80
PO-3
PRIVATE OFFICE – 10’ x 12’
150
36
80
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
SPECIFICATIONS: FUNCTIONAL AREA (2) - TABLES FURNITURE REQUIREMENTS: FUNCTIONAL AREA (3) - HIGH DENSITY AND ROTARY FILING FURNITURE REQUIREMENTS: FUNCTIONAL AREA (4) - SEATING FURNITURE REQUIREMENTS: FUNCTIONAL AREA (5) - DEMOUNTABLE WALLS The Contractor shall provide all products and services to meet the furniture requirements in conjunction with the client agency Project Manager (PM), GSA IWACenter Contracting Officer, General Contractor (GC), and/or building owner. 2.0
GENERAL CONDITIONS 1. The Contractor shall provide all furniture, design, project management, delivery and installation services required by the client agency PM and GSA IWACenter Contracting Officer (CO). All meetings, meeting minutes and schedules shall be included in the scope of service. 2. The Contractor shall coordinate access to the project location in advance with the client agency PM and shall comply with all client agency security regulations. The Contractor shall provide a 24 to 48 hour notice to the client agency PM for building access in order to conduct a field survey/ measurements of the installation space. 3. The Contractor shall be responsible for verifying the conditions of the building, including but not limited to, site restrictions, parking, storage, hours of accessibility and any other conditions which may affect the cost of delivery, staging and installation. 4. All furniture products, installation drawings and documents shall meet federal, state, local jurisdictions to include including but not limited to codes, laws, ordinances, and regulations applicable to this project including the Americans with Disabilities Act (ADA), and Architectural Barriers Act Accessibility (ABAAS). The Contractor is responsible to ensure that applicable regulations and codes are followed. 5. The client agency PM and/or GC shall coordinate all electrical requirements and complete the hardwire connections to the building. Base feeds, top, feeds, power poles or other electrical product from the manufacturer shall require delivery prior to the furniture installation. 6. The Contractor, furniture dealer(s), furniture installer(s) shall provide proof of insurance to the client agency PM, Building Owner’s Representative, and GC no later than 72 hours prior to furniture deliveries. 7. The Contractor must meet all incoming delivery vehicles at the building entrance, unload deliveries, check for damages, and move them to the appropriate areas.
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
8. The Contractor shall notify the client agency PM and GSA IWACenter Contracting Officer immediately of all product delays. 9. The Contractor shall inspect and replace all damaged products from shipping and manage inaccurate the orders or product shortages in order to meet the project schedule as closely as possible and verify product quantities. 10. The Contractor shall complete installation of furniture in accordance with Government approved manufacturer specific drawings and specifications. Any missing or damaged products must be replaced within 20 business days. 3.0
STRUCTURAL 1. The Contractor shall adhere to the structural testing requirements listed below for all products. The following ANSI/BIFMA requirements shall be required: a) Desks unit to conform to ANSI/BIFMA X5.5- 2008 (Standard for Desks and Tables) b) Storage units shall comply with ANSI/ BIFMA X5.9-2004 (Storage Units). c) Benching Systems shall comply with ANSI/BIFMA X5.6 (Panel Systems). d) General purpose furniture shall comply with ANSI/BIFMA X5.1. e) High-density movable filing systems are required to meet the requirements of purchase description 3FNE 90-504C.
4.0
ENVIRONMENTAL 1. In an effort to meet sustainability standards set forth in Executive Order (EO) 13514 dated October 9, 2009, the government has set a number of minimum sustainability standards. a) Product shall be manufactured using clean technology, including water-based adhesives, all of which are virtually VOC-free. b) The furniture system shall be manufactured with a percentage of recycled material. c) Clean technology powder coating shall be used on the furniture’s metal components to include, the pedestals, files and overhead cabinets. d) Low-mercury, high-efficiency lighting shall be used with the application. e) The furniture system shall be designed to be cleaned with low environmental impact materials. f) All applicable furniture shall have been tested and shall be GREENGUARD certified or equivalent. Contractor shall provide all certifications, prior to furniture production to client agency project manager.
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
g) Furniture and furnishings products proposed shall be independently third-party certified as compliant with the ANSI/BIFMA e3 Furniture Sustainability Standard of a minimum Level 1 or higher. 5.0
FABRIC, FINISH AND EQUIPMENT REQUIREMENTS (FF&E) 1. Materials: a) All worksurfaces, transaction counters and common tops shall be available in laminate, form coat and veneer finishes. All worksurfaces shall have PVC free edge banding with radius, waterfall or eased edge. b) All worksurface end and center supports and table bases shall include painted metal, silver polished or brushed aluminum. c) All hardware and furniture components within the benching and workstation shall match. d) All conference table bases shall be painted metal, silver polished or brushed aluminum and wood veneer finishes. e) Storage - workstations, benching stations, and private offices: All bookcases, overhead storage, wardrobe/tower, storage combinations, and pedestals shall be available in powder coated metal, laminate and veneer finishes. f) Storage - Open Areas: All lateral files, storage cabinets, shelving, bookcases, lockers and modular casework shall be heavy duty steel construction. g) All furniture products shall be mid grade fabric. h) Upholstery fabric shall be installed in the same direction with pattern on seat and back cushions aligned i) All furniture component locks within each workstation and private office shall be keyed alike. All files, credenzas, modular casework and storage cabinets outside of each workstation and private office shall be keyed separately unless specified on the furniture plan. Two (2) keys shall be provided for each lock. j) Keying schedule shall be provided and shall include master keys to Contracting Officer’s representative and client agency PM at time of acceptance. All locks shall include removable cores supporting the ability to remove or replace lock plugs as necessary in the field.
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
6.0
FURNITURE REQUIREMENTS:
In order to meet future needs and expected changes, all furniture components and ancillary items can be used as options for the reconfiguration within the workspace. The furniture sizes, finishes, products and connections are designed to work together, however all offered components will not be used within every blended solution. I.
FUNCTIONAL AREA - (1) WORKPLACE FURNITURE A. WORKSTATION–WS Note: See inserted typical drawings following this section for workstation requirements. 1.
ELECTRICAL & CABLE MANAGEMENT: a) Electric shall be provided in beltline for all panels except end panels, behind
towers and/or lateral files.
b) Each workstation shall be capable of supporting four (4) circuits with each
receptacle on a different circuit.
c) Base feeds shall be capable of supporting an 8 wire 4-2-2 configuration. d) Receptacles shall be coded with circuit identification. The isolated circuit
designator must be color coded or alpha-numerically coded differently than non-isolated circuit receptacles.
e) Two horizontal pathways shall be available to distribute electricity at the
beltline. The beltline shall hold data and electric with additional electric location in the raceway.
f)
Circuits shall be rated 20 amps, UL Listed, and Type I.
g) Panels shall have the holding capability for all data cable types, i.e. CAT-5E, CAT-
6 cables, and fiber optics with a minimum of (2) CAT-6 cables.
h) Panel electrical connections shall be provided with base feeds. Top feeds and
power poles will not be accepted.
i)
Core drills with a base in-feed connection will be used when systems furniture is not adjacent to a drywall partition.
j)
Single workstations placed along drywall partitions shall have direct access to electrical outlets and data.
k) Workstations that are grouped together in the open space shall receive electrical
and data access through a j-box either on a wall or at a core drill.
2.
WORK SURFACES: a) Work surfaces shall be available in rectangular and non-handed shapes. b) Work surfaces shall include adjustment leveling glides for legs. c) Worksurface support legs shall be available with straight, angled, “O” or “T” legs.
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FURNITURE COMPONENT LIST Tag
Description
Quantity
WK-1
60"W x 30"D x 29"H Panel-hung worksurface
1
WK-1
30"W x 42"H Monolithic panel; powered
2
WK-1
30"W x 42"H Monolithic panel; non-powered
3
WK-1
30"W x 54"H Monolithic panel; non-powered
2
WK-1
54"W x 54"H Monolithic panel; non-powered
1
General Notes: 1. Workstation panels to be tackable fabric wrapped panels. 2. Each workstation shall have 1 isloated, color-coded circuit, 1 non-isolated circuit, and 1 tele/data outlet at worksurface height.
30"
30"
(2) 30"W POWERED PANELS; 42"H
30" 30"W POWERED PANEL; 54"H
30"W NON-POWERED PANEL; 42"H
54"
54"W NON-POWERED PANEL; 54"H
(2) 30"W NON-POWERED; 42"H
WK-1
SCALE: 1/2"=1'-0"
U.S. GENERAL SERVICES ADMINISTRATION
TOTAL WORKPLACE FIT IDIQ 5' x 7' WORKSTATION
5/28/14 WK-1
FURNITURE COMPONENT LIST Tag
Description
Quantity
WK-2
72"W x 30"D Panel-hung worksurface
1
WK-2
36"W x 42"H Monolithic panel; powered
2
WK-2
30"W x 42"H Monolithic panel; non-powered
1
WK-2
36"W x 54"H Monolithic panel; powered
2
WK-2
36"W x 42"H Monolithic panel; non-powered
2
General Notes: 1. Workstation panels to be tackable fabric wrapped panels. 2. Each workstation shall have 1 isloated, color-coded circuit, 1 non-isolated circuit, and 1 tele/data outlet at worksurface height.
General Notes: 1. Workstation panels to be tackable fabric wrapped panels. 2. Each workstation shall have 1 isloated, color-coded circuit, 1 non-isolated circuit, and 1 tele/data outlet at worksurface height.
3" (1) 24"W POWERED PANEL; 42"H
(1) 48"W POWERED PANEL; 42"H
24" (1) 24"W NON-POWERED PANEL; 42"H
48" (2) 48"W POWERED PANELS; 54"H
48"
(1) 24"W NON-POWERED PANEL; 42"H
3" 24"
48"
WK-3
SCALE: 1/2"=1'-0"
U.S. GENERAL SERVICES ADMINISTRATION
TOTAL WORKPLACE FIT IDIQ 6' x 8' WORKSTATION
5/28/14 WK-3
FURNITURE COMPONENT LIST Tag WK-4
Description 60"W x 60"W x 24" D x 29"H fied height 120 degree bench
Quantity 2
General Notes: 1. Each station to have a tackable fabric wrapped privacy screen, above the worksurface, at minimum 12"high and not to exceed 16" high. Width to match the worksurface width.
WK-4
60"
24"
PLAN WORKSTATION SCALE: 1/2"=1'-0"
U.S. GENERAL SERVICES ADMINISTRATION
TOTAL WORKPLACE FIT IDIQ 120 DEGREE WORKSTATION
5/28/14 WK-4
General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
B. BENCHING WORKSTATION – BCH Note: See inserted typical drawings following this section for benching workstation requirements. 1.
ELECTRICAL & CABLE MANAGEMENT: a) Each benching workstation shall be capable of supporting four (4) circuits with
each receptacle on a different circuit.
b) Base feeds shall be capable of supporting an 8 wire 4-2-2 configuration. c) Power and cable distribution shall run through the center of the table, beneath
the work surface, and shall be discreet through an integrated rail or central trough in back to back configuration.
d) Power and data outlets shall be located at worksurface height and easily
accessed by the user.
e) Receptacles shall be coded with circuit identification. The isolated circuit
designator must be color coded or alpha-numerically coded differently than non-isolated circuit receptacles.
f)
Circuits shall be rated 20 amps, UL Listed, and Type I.
g) Benching workstation shall have the holding capability for all data cable types,
i.e. CAT-5E, CAT-6 cables, and fiber optics with a minimum of (2) CAT-6 cables.
h) Benching workstation electrical connections shall be provided with base feeds.
Top feeds and power poles will not be accepted.
i)
Core drills with a base in-feed connection will be used when benching workstations are not adjacent to a drywall partition.
j)
Single benching workstations placed along drywall partitions shall have direct access to electrical outlets and data.
k) Benching workstations that are grouped together in the open space shall receive
electrical and data access through a j-box either on a wall or at a core drill.
2.
WORK SURFACES: a) Work surfaces shall be available in rectangular and non-handed shapes. b) Work surfaces shall include adjustment leveling glides for legs. c) Worksurface support legs shall be available with straight, angled, “O” or “T” legs. d) Worksurfaces shall be supported by “C” legs in a line of benching workstations
in both front to back or side by side configurations.
3.
ADJUSTABLE HEIGHT WORK SURFACE (OPTIONAL): a) Adjustable work surface shall be freestanding and include manual and electrical
adjustment.
b) Adjustable work surface shall be flush with all stationary work surfaces when in
lowest height position.
c) Adjustable work surface shall be available in the following dimensions:
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
(1)
48”W x 30”D
(2)
54”W x 30”D
(3)
60”W x 30”D
(4)
72”W x 30”D
d) Adjustable work surface shall have a standing height of approximately 42 inches
to 52 inches.
e) Adjustable work surface shall include a wire management option with access to
power, data and phone outlets below work surface.
4.
PRIVACY OPTIONS: a) Privacy Screen: (1)
Privacy screens shall be available in the following dimensions: (a)
48” W
(b)
54” W
(c)
60” W
(d)
72”W
(2)
Privacy screens shall be mounted to edge of worksurface and shall not exceed 16”high.
(3)
Privacy screens shall be available in the following: (a)
acrylic
(b)
fabric
b) Privacy Screen/Modesty Panel: (1)
Privacy screen/Modesty Panel shall be available in the following dimensions: (a)
48” W
(b)
54” W
(c)
60” W
(d)
72”W
c) Privacy screen/Modesty Panel shall be mounted to edge of worksurface and
shall not exceed 16”H. Modesty Panel shall be a minimum of 12” below the worksurface.
d) Privacy screen/Modesty Panel shall be available in acrylic.
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FURNITURE COMPONENT LIST Tag
Description
B-1
48"W x 30"D x 29"H benching solution
B-2
54"W x 30"D x 29"H benching solution
B-3
60"W x 30"D x 29"H benching solution
B-4
72"W x 30"D x 29"H benching solution
General Notes: 1. Each station to have a tackable fabric wrapped privacy screen, above the worksurface, at minimum 12"high and not to exceed 16" high. Width to match the worksurface width. 2. Each station/person shall have 1 duplex outlet and 1 data port at worksurface height, with metallic cover.
BCH-2
48"
BCH-1
30"
54"
30" TABLE LEG
TABLE LEG
60"
60" PRIVACY SCREEN
BCH-3
60"
PRIVACY SCREEN
BCH-4
72"
30"
30" TABLE LEG
TABLE LEG
60"
60" PRIVACY SCREEN
PRIVACY SCREEN
SCALE: 3/8"=1'-0"
U.S. GENERAL SERVICES ADMINISTRATION
TOTAL WORKPLACE FIT IDIQ BENCHING
5/28/14
General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
C. PRIVATE OFFICE: Note: See inserted typical drawing sheets following this section for private office requirements. 1.
WORK SURFACES: a) Work surfaces shall be available in rectangular and non-handed shapes. b) Work surfaces shall include adjustment leveling glides for legs. c) Worksurface support legs shall be available with straight, angled, “O” or “T” legs. d) Worksurfaces shall be supported in the center by “C” legs.
2.
COLLABORATIVE TABLES: a) Tables shall align with worksurface height be available in the following
dimensions: (1)
30” Diameter
(2)
36” Diameter
b) Table base shall be single column and available with the following: (1)
Disc base
(2)
X-base
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FURNITURE COMPONENT LIST Tag
Description
Quantity
PO-1
72"W x 30"D x 29"H Fixed height bench
1
PO-1
60"W x 24"D x 29"H Return
1
PO-1
72"W x 14"H Tackable surface
1
General Notes: 1. Tackable surface to be fabric wrapped panels.
60"
30"
24"
72"
SCALE: 3/8"=1'-0"
U.S. GENERAL SERVICES ADMINISTRATION
TOTAL WORKPLACE FIT IDIQ 8' x 10' PRIVATE OFFICE
5/28/14 PO-1
FURNITURE COMPONENT LIST Tag
Description
Quantity
PO-2
60"W x 30"D x 29"H Peninsula table
1
PO-2
42"W x 24"D x 29"H Return
1
General Notes: 1. Provide the required number of wall and full end panels/supports.
30"
42"
24"
SCALE: 1/2"=1'-0"
U.S. GENERAL SERVICES ADMINISTRATION
TOTAL WORKPLACE FIT IDIQ 8' x 10' PRIVATE OFFICE
5/28/14 PO-2
FURNITURE COMPONENT LIST Tag
Description
Quantity
PO-3
72"W x 30"D x 29"H Fixed Height Bench
1
PO-3
42"W x 24"D x 29"H Return
1
PO-3
60"W x 24"D x 29"H Free standing credenza
2
PO-3
60"W Overhead storage with vertical hinge doors
2
PO-3
60"W x 30"H Tackable surface mounted above the credenza
2
60"
60"
24"
42"
30"
72"
SCALE: 3/8"=1'-0"
U.S. GENERAL SERVICES ADMINISTRATION
TOTAL WORKPLACE FIT IDIQ 10' x 12' PRIVATE OFFICE
5/28/14 PO-3
General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
D. ADJUSTABLE HEIGHT WORK SURFACE – WORKSTATIONS, BENCHING WORKSTATIONS, PRIVATE OFFICE: 1.
Adjustable work surface shall be freestanding and include manual and electrical adjustment.
2.
Adjustable work surface shall be flush with all stationary work surfaces when in lowest height position.
3.
Adjustable work surface shall be available in the following dimensions: a) 48”W x 30”D b) 54”W x 30”D c) 60”W x 30”D d) 72”W x 30”D
4.
Adjustable work surface shall have a standing height of approximately 42 inches to 52 inches.
5.
Adjustable work surface shall include a wire management option with access to power, data and phone outlets below work surface.
E. STORAGE -WORKSTATIONS, BENCHING WORKSTATIONS, PRIVATE OFFICE 1.
SMALL STORAGE COMBINATION: a) Storage shall include one (1) 36"W lateral file drawer with cushion top and (1)
24”W open storage.
b) Storage units shall fit under standard height worksurfaces. 2.
LARGE STORAGE COMBINATION: a) Storage shall include one (1) 36"W lateral file drawer with cushion top and (1)
36”W open storage.
b) Storage units shall fit under standard height worksurfaces. 3.
MOBILE BOX/FILE PEDESTAL: a) Pedestal shall have locking casters and cushion top. b) Pedestal shall include internal pencil tray, hanging files and handle in addition to
drawer pulls for ease of mobility.
c) Pedestal shall fit under standard height worksurface 4.
STATIONERY BOX/BOX/FILE and FILE/ FILE PEDESTAL: a) Box/Box/ file pedestal shall include internal pencil tray and hanging files b) Pedestal shall fit under standard height worksurface.
5.
OVERHEAD PANEL HUNG SHELF: a) Overhead panel hung shelf shall be available in the following dimension: (1)
36” W
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
6.
(2)
48” W
(3)
60” W
TRANSACTION COUNTER: a) Single transaction counter shall not exceed 12” D. b) Single transaction counter shall be available in the following dimensions:
7.
(1)
48”W
(2)
54”W
(3)
60”W
(4)
72”W
BOOKCASE: a) Bookcase shall be available in the following dimensions: (1)
30”W x 27”H (2 high)
(2)
36”W x 27”H (2 high)
(3)
36”W x 39”H (3 high)
(4)
36”W x 42”H (3 high)
(5)
36”W x 51”H (4 high)
(6)
36”W x 54”H (4 high)
b) Bookshelves shall not exceed 16”D. c) Bookshelves must be fully adjustable on metal fasteners. 8.
OVERHEAD STORAGE: a) Overheads shall have a sliding door and be available in the following
dimensions:
9.
(1)
36”W x 16”H
(2)
48”W x 16”H
(3)
60”W x 16”H
WARDROBE/TOWER: a) Wardrobe/Tower shall align with the workation panels and be available in the
following approximate dimensions: (1)
18”W x 18”D x 42”H
(2)
18”W x 18”D x 54”H
(3)
24”W x 24”D x 42”H
(4)
24”W x 24”D x 54”H
b) Wardrobe/Tower shall include hanging coat storage with coat rod. c) Wardrobe/Tower (9.a.3 and 9.a.4 only) shall include a box/box/file drawer
combination and bookshelves.
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
10. TASK LIGHTING: a) Task lighting shall be mounted to the underside of the overhead storage/shelf
and available as a freestanding desk light.
b) Task lighting shall include energy-efficient light-emitting diode (LED) light
source.
c) Task lighting shall include wire management and available in both plug-in and
hardwire capabilities. (1)
Undermount Task Lighting: (a)
(2)
Task lighting shall match the widths of the following overhead/shelf: (i)
36”W
(ii)
48”W
(iii)
60”W
Freestanding Task Lighting: (a)
Freestanding task light shall be horizontally and vertically adjustable, with a maximum 8” diameter base.
(b)
Freestanding task light shall have integrated occupancy sensor, manual on/off and switch.
11. KEYBOARD TRAY: a) Keyboard tray shall be ergonomic and adjustable with spring-assist lift arm, dual
swivel plates, variable height adjustment with a minimum of 7” and integral wrist rest.
b) Keyboard tray shall have a swivel mouse pad platform that is interchangeable
for left or right hand users.
c) Keyboard tray shall have the ability to move in a positive and/or negative
adjustable position.
d) Keyboard tray shall have a minimum tilt range of 15 degrees and shall easily
slide under the worksurface.
12. MONITOR ARM a) Monitor arm shall have the capability to support both a single monitor
(minimum of 20 lbs) and a dual monitor (minimum of 35 lbs).
b) Monitor arms shall be adjustable both vertically and horizontally. c) Monitor arm shall include quick release, portrait and landscape positioning. d) Monitor arm shall have integrated cable management. e) Monitor arm shall be clamp mounted or other method that will not damage the
worksurface.
13. TOOL RAIL: a) Tool rail shall be panel hung or attach to the worksurface. b) Tool rail shall be available in the following dimensions:
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
(1)
30”W panel hung
(2)
30”W surface mount
(3)
36”W panel hung
(4)
36”W surface mount
(5)
48”W panel hung
(6)
48”W surface mount
c) Tool rail should include: pencil cup, letter and legal paper tray, diagonal sorter
and shelf.
F. STORAGE - OPEN AREA 1.
MODULAR CASEWORK FOR WORKROOMS AND PANTRY: a) Modular casework and countertops shall include plywood construction with
plastic laminate finish.
b) Modular casework shall include concealed hinges and heavy-duty drawer glides. c) Modular casework shall include metal handles in polished or brushed finish. d) Modular casework shall include adjustable laminate shelves and include a
minimum of one (1) shelf per base cabinet and two (2) shelves per wall cabinet
e) Base cabinets shall be available in the following approximate dimensions:
f)
2.
(1)
24”W x 30”D x 28-34”H –(ADA)
(2)
24”W x 30”D x 36”H
(3)
30”W x 30”D x 28-34”H –(ADA)
(4)
30”W x 30”D x 36”H
(5)
36”W x 30”D x 28-34”H –(ADA)
(6)
36”W x 30”D x 36” H
Wall cabinets shall be available in the following approximate dimensions: (1)
24”W x 15”D x 36”H
(2)
30”W x 15”D x 36”H
(3)
36”W x 15”D x 36”H
STORAGE CABINETS: a) Storage cabinets shall be available in the following dimensions: (1)
36”W x 18”D and approximately 65”H.
(2)
42”W x 18”D and approximately 65”H
b) All storage components shall be finished on all exposed sides. c) Storage cabinets shall have locking full height doors. d) Storage cabinets shall include adjustable shelves.
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
3.
LOCKERS – 2- TIER: a) Lockers shall include the following dimensions: (1)
18”W x 18”D and approximately 60”H
b) Lockers shall have full-height hinged doors, with integrated programmable
locking system.
c) Lockers shall include a hook on the interior and leveling glides. d) Lockers shall be available in baked enamel finishes. 4.
PERSONAL STORAGE UNIT a) Storage unit shall include the following dimensions:
5.
(1)
18”W x 18”D (3-High)
(2)
Storage unit shall include integrated programmable locking system.
(3)
Storage unit shall include with integral pulls, rails for front to back or side to side filing, and balanced with counterweights.
PROGRAMMABLE LOCKING SYSTEM –DIGITAL a) The locking system shall include vertical or horizontal surface mounted
applications on the front of the storage unit.
b) The locking system shall be digital, include single-point latching and able to
be automatically reprogrammed with a push button keypad. c) The locking system shall include an external accessibility/bypass keys. (1)
The external accessibility/bypass keys shall provide management access to the storage unit to reset user codes and access for battery failure.
d) The locking system shall visually indicate the storage unit is in use and a device
for audible feedback. e) The locking system shall be programmable to access hours an automatically
unlock after hours.
f)
The locking system shall be ADA compliant.
g) The locking system shall include a low battery indicator and minimum
battery life of 3-5 years.
6.
BOOKCASES a) Bookcases shall be available in the following dimensions: (1)
30”W x 18”D and approximately 60”H
(2)
36”W x 18”D and approximately 72”H
b) Bookcases shall include adjustable shelves. c) Bookshelves shall not exceed 16”D.
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
7.
INDUSTRIAL OPEN SHELVING a) Industrial shelving shall be available in the following dimensions: (1)
30”W x 18”D and approximately 65”H.
(2)
36”W x 24”D and approximately 84”H.
b) Industrial Shelving post shall be punched and clipped approximately 1" on
center.
c) Industrial shelving unit shall include a fixed top and bottom metal shelf. d) Industrial shelving shall be secured to the wall studs and/or floor to prevent
injury from tipping and capable of adding units to a run.
8.
LATERAL FILES: a) Lateral files shall be available in the following dimensions and configurations: (1)
30”W (2- High)
(2)
36”W (2 - High)
(3)
30”W (3 - High)
(4)
36”W (3 - High)
(5)
30”W (4 - High)
(6)
36”W (4 - High)
(7)
36”W (5 - High)
b) Lateral files that are 30”W (2-High) shall fit under standard height worksurface
and not exceed 29”H.
c) 9.
Lateral files shall be balanced with counterweights.
COMMON TOP FOR LATERAL FILES: a) Common tops shall be available in the following approximate dimensions: (1)
36”W - depth to match side by side configuration
(2)
72”W- depth to match side by side configuration
(3)
90”W - depth to match side by side configuration
(4)
36”W - depth to match back to back configuration
(5)
72”W - depth to match back to back configuration
(6)
90”W - depth to match back to back configuration
II. FUNCTIONAL AREA - (2) TABLES A. COLLABORATIVE TABLES: 1.
Tables shall be available in the following dimensions: a) 30” Diameter
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
b) 36” Diameter c) 42” Diameter 2.
Tables shall match worksurface height.
3.
Table base shall be single column and available with the following: a) Disc base b) X-base
B. CONFERENCE TABLE: 1.
Conference table shall have recessed power module to accommodate power/data outlets, USB port, and HDMI cable.
2.
Conference table shall have concealed wire management in bases under table with access panel.
3.
Conference tables shall be available in laminate and wood veneer. a) Rectangular: (1)
Tables shall be available in the following dimensions: (a)
60”W x 30”D
(b)
72”W x 36”D
(c)
72”W x 42”D
(d)
72”W x 48”D
b) Round: (1)
Tables shall be available in the following dimensions: (a)
30” Diameter
(b)
36” Diameter
(c)
42” Diameter
C. TRAINING TABLE: 1.
Tables shall be available in the following dimensions: a) 60”W x 24”D b) 60”W x 30”D c) 72”W x 24”D d) 72”W x 30”D
2.
Training tables shall flip/nest and include T-legs with locking casters.
3.
Ganging devices shall be available to allow tables to be connected together easily without the use of tools, and by the end users. Tables must be able to attach in a side- by -side and front-to-back configuration options.
4.
Modesty panels shall be available as an option.
5.
Tables shall include power modules and wire management as an option.
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
D. CAFE TABLE: 1.
Cafe Tables shall be available in the following dimensions: a) 30” Diameter b) 36” Diameter c) 42” Diameter d) 30” x 30” e) 36” x 36” f)
2.
42” x 42”
Cafe tables shall be available in the following approximate heights: a) 29”H b) 36”H c) 42”H
3.
Cafe table base shall be available with the following: a) Disc base b) X-base
4.
Cafe tables shall include adjustable leveling glides.
E. OCCASIONAL TABLES – COFFEE AND END TABLES a) Square: (1)
Tables shall be available in the following dimensions: (a)
24”W x 24”D x 17”H
(b)
24”W x 24”D x 26”H
(c)
30”W x 30”D x 17”H
(d)
30”W x 30”D x 26”H
(e)
36”W x 36”D x 17”H
(f)
36”W x 36”D x 26”H
b) Rectangular: (1)
Table shall be available in the following approximate dimensions: (a)
36”W x 18”D x 17”H
c) Round: (1)
Tables shall be available in the following dimensions: (a)
18”Diameter x 26”H
(b)
24”Diameter x 17”H
(c)
24”Diameter x 26”H
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
d) Table bases shall be available with the following: (a)
Disc base
(b)
X-base
F. CREDENZA AND A/V CREDENZA: 1.
Credenzas shall be available in the following approximate dimensions: a) 48”W x 24”D x 36”H – Three Door b) 48”W x 24”D x 36”H – Three Door with A/V Venting c) 72”W x 24”D x 36”H – Four Door d) 72”W x 24”D x 36”H – Four Door with A/V Venting
2.
Credenza shall include locking doors and adjustable shelves with no intermediate vertical framing member at double doors.
3.
Credenza shall accommodate Audio/Visual (A/V) rack equipment and include venting and with rear access.
4.
Credenza surface and case finishes shall include the following: a) Wood Veneer b) Plastic laminate
A. Media Cart 1.
Media cart shall be available in the following approximate dimensions: a) 30”W x 20”D x 36”H
2.
Media Cart shall have locking doors and lockable casters.
3.
Media Cart shall be available in powder coat metal and laminate finishes.
B. Lectern 1.
Lecterns shall be available in the following approximate dimensions: a) 24”W x 20”D x 48”H
2.
Lectern shall include a locking storage area for AV equipment.
3.
Lectern shall have four (4) casters with a minimum of two (2) locking casters.
4.
Lectern shall have a reading shelf with a grommet for wire management and speaker capabilities for a microphone.
5.
Lectern shall be available in wood veneer and laminate finishes.
III. FUNCTIONAL AREA - (3) HIGH-DENSITY AND ROTARY FILING A. HIGH DENSITY FILING 1.
Upright Units: a) Closed Upright - L units shall be available in the following approximate
dimensions:
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
(1)
30” x 86”H
(2)
30” x 97”H
(3)
36” x 86”H
(4)
36” x 97”H
(5)
48” x 86”H
(6)
48” x 97”H
b) Open Upright - T units shall be available in the following approximate
dimensions:
2.
(1)
30” x 86”H
(2)
30” x 97”H
(3)
36” x 86”H
(4)
36” x 97”H
(5)
48” x 86”H
(6)
48” x 97”H
Shelves: a) Slotted shelves shall be 18 gauge steel and available in the following
approximate dimensions: (1)
30”W x 12”D
(2)
30”W x 24”D
(3)
36”W x12”D
(4)
36”W x 24”D
(5)
48”W x 12”D
(6)
48”W x 24”D
b) Un - slotted shelves shall be 18 gauge steel and available in the following
approximate dimensions: (1)
30”W x 12”D
(2)
30”W x 24”D
(3)
36”W x12”D
(4)
36”W x 24”D
(5)
48”W x 12”D
(6)
48”W x 24”D
3.
The design of the high density filing system shall permit access to any single aisle by manually or electrically moving units until the desired aisle is opened.
4.
High density filing systems shall be available as a manually or electrically operated system. Electrically operated systems shall incorporate safety features to prevent
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
filing units from being moved accidentally (i.e., motion sensors or infrared light beam floor sweeps). 5.
For tipping prevention of unit, seismic/anti-tilt measures shall be in place when constructing track.
6.
High density filing unit shall accommodate both letter and legal size file applications.
7.
High density filing unit shall be capable of accepting additional adders to the right and to the left.
8.
All metal surfaces shall be powder coated with a variety of manufacturer standard color options.
9.
The high density filing system, defined as including carriages, shelving, deck and tracking assemblies, shall have the ability to reconfigure and relocate the entire system in the future, utilizing existing components.
10. Carriage system: a) The carriage system shall consist of a formed structural steel frame with
machined and balanced double-flanged wheels riding on steel rails.
b) Steel rails shall be available as recessed or surface mounted per site condition. c) Each carriage shall have a safety locking system with indicator. d) The carriages shall be welded or mechanically fastened by other means and able
to support approximately 1,000 lbs per carriage.
e) The Contractor shall maintain the required 18" clearance between the top of
carriage unit and ceiling sprinkler deflectors.
11. Drive system: a) The system shall be designed with a positive type mechanically-assisted drive
which minimizes end play, ensures there is no play in the drive handle, and that carriages will stop without drifting.
b) System shall include a chain sprocket drive system for each movable carriage to
ensure that carriages move uniformly along the total length of travel, even with unbalanced loads.
c) A tensioning device shall be provided on each chain drive with provision for
adjusting tension without removing end panels.
d) All bearings used in the drive mechanism shall be permanently shielded and
lubricated.
12. Shelving: a) Shelving shall be adjustable and fastened to carriages with vibration-proof
fasteners.
b) Shelving shall have a clean appearance without holes on exposed surfaces. Back
stops and center stops shall be slotted or punched for dividers and center stops.
c) The shelf shall be slotted on a minimum of 1” centers to accept file divider and
two (2) dividers per shelf shall be provided.
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
d) Front and back flanges of shelf shall be flush with outside face of post. 13. End panels: a) End panels that are exposed shall be finished in high pressure laminate.
B. ROTARY FILING 1.
Rotary Filing units shall have both letter and legal size filing and available in the following approximate dimensions: a) 37”W x 26”D - Starter Unit (Letter) b) 45”W x 32”D - Starter Unit (Legal) c) 31”W x 26”D - Adder Unit (Letter) d) 38”W x 32”D - Adder Unit (Legal)
2.
Rotary Filing units shall be available in the following approximate heights for both letter and legal files: a) 40”H - 3- Tier b) 50”H - 4 -Tier c) 61”H - 5 - Tier d) 72”H - 6 - Tier e) 82”H - 7 - Tier f)
93”H - 8 - Tier
3.
Rotary Filing Unit shall be capable of accepting additional adders to the right and to the left.
4.
Rotary Filing end panels shall be bolted directly to the unit posts.
5.
All metal surfaces shall be powder coated with a variety of manufacturer standard color options.
6.
Base: a) Bases shall be formed to allow a fully assembled unit to be moved with a hand
truck or four-wheel dolly.
b) Base shall include leveling glides that are accessible from the top of the base for
adjustment at each corner of the unit.
7.
Shelving: a) Shelves shall be constructed of steel and formed with an integrated back stop. b) Shelves shall be slotted with a minimum of 1”H adjustment to accept file
dividers.
c) Shelves shall include two (2) dividers per shelf. 8.
Drawers a) All pull-out file drawers shall be configured for top-tab hanging folders.
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
IV. FUNCTIONAL AREA - (6) SEATING A. TASK CHAIR – TASK AND CONFERENCE SEATING 1.
Task seating shall have a 5-star base and include casters for use on most standard office carpets.
2.
Task seating shall have a seat width with a minimum of 19”-22”.
3.
Task seating shall have an upholstered seat and include the following back options: a) Mesh – mid-back b) Mesh – high back c) Upholstered – mid-back d) Upholstered – high back
4.
Task seating shall be fully ergonomic and include: pneumatic height adjustments, seat pan with minimum 3” depth adjustments, adjustable lumbar support, tension control adjustment with a tilt lock, and arm height, width and pivot adjustment.
B. TASK CHAIR – WITH HEADREST 1.
Task seating shall include a 5-star base and include casters for use on most standard office carpets.
2.
Task seating shall include a padded, height adjustable headrest.
3.
Task seating shall have a seat width with a minimum of 22”.
4.
Task seating shall have an upholstered seat and include the following back options: a) Mesh – high-back b) Upholstered – mid-back
5.
Task seating shall be fully ergonomic and include: pneumatic height adjustments, seat pan with minimum 3” depth adjustments, adjustable lumbar support ,tension control adjustment with a tilt lock, and arm height, width and pivot adjustment.
C.
TASK CHAIR – HEAVY DUTY
1.
Task seating shall include a 5-star base and include casters for use on most standard office carpets.
2.
Task seating shall include an extra wide seat width with a minimum of 27”.
3.
Task seating shall have an upholstered seat and include the following back options: a) Mesh – mid-back b) Mesh – high back c) Upholstered – mid-back d) Upholstered – high back
4.
Task seating shall be fully ergonomic and include: pneumatic height adjustments, seat pan with minimum 3”depth adjustments, adjustable lumbar support, tension control adjustment with a tilt lock, and arm height, width and pivot adjustment.
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
D. TASK STOOL 1.
Task stool shall include a 5-star base and include casters for use on most standard office carpets.
2.
Task stool shall have a seat width with a minimum of 19.”
3.
Task stool shall have an upholstered seat and include the following back options: a) Mesh – mid-back b) Upholstered – mid-back
4.
Task stool shall be fully ergonomic and include: pneumatic height adjustments, seat pan with 3”depth adjustments, adjustable lumbar support, tension control adjustment with a tilt lock, and arm height, width and pivot adjustment.
E. TRAINING SEATING 1.
Training seating shall have an upholstered seat and include the following back options: a) Upholstered b) Mesh
2.
Training seating shall include four (4) legs and include the following: a) Arms with casters b) Arms without casters c) Armless with casters d) Armless without casters
3.
Training seating shall include casters that are for use on most standard office carpets.
4.
Training seating shall include powder coat paint, polished or brushed aluminum frame.
F. TRAINING SEATING– STACKING CHAIR DOLLY 1.
Dolly shall accommodate manufacturer’s standard quantity of chairs.
2.
Dolly shall have powder coat paint or manufacturer’s standard finish.
G. NESTING CHAIR – GUEST SEATING AND TRAINING SEATING 1.
Guest seating shall have an upholstered seat and include the following back options: a) Upholstered b) Mesh
2.
Guest seating shall flip/nest and include the following: a) Arms b) Armless
3.
Guest seating shall include casters that are for use on most standard office carpets.
4.
Guest seating shall include powder coat paint, polished or brushed aluminum frame. 22
General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
H. CAFÉ CHAIR 1.
Cafe seating shall have an upholstered seat and include the following back options: a) molded polypropylene b) plywood
2.
I.
Café chair shall include four legs and include powder coat paint, polished or brushed aluminum legs.
CAFÉ STOOL 1.
Cafe stool shall be available in the following: a) counter height – minimum 24”H b) bar height – minimum 28”H
2.
Cafe seating shall have an upholstered seat and include the following back options: a) molded polypropylene b) plywood
3.
J.
Café stool shall include powder coat paint, polished or brushed aluminum legs.
LOUNGE SEATING – TABLET ARM CHAIR 1.
Tablet arm chair shall include a minimum overall width of 30” and depth of 28.”
2.
Tablet arm chair shall include an upholstered seat and back.
3.
Tablet arm chair shall include casters that are for use on most standard office carpets.
4.
Tablet arm chair shall include laminate tablet arm.
K. LOUNGE CHAIR 1.
Lounge chair shall include a minimum overall width of 30” and depth of 28”
2.
Lounge chair shall include a fully upholstered seat and back
3.
Lounge chair shall include powder coat paint, polished or brushed aluminum legs with leveling glides.
L. LOUNGE SOFA 1.
Lounge sofa shall include a minimum overall width of 72” and depth of 28”.
2.
Lounge seating shall include a fully upholstered high-back and seat.
3.
Lounge sofa shall include powder coat paint, polished or brushed aluminum legs with leveling glides.
M. LOUNGE SEATING – HIGH BACK 1.
Lounge seating shall include a fully upholstered high-back and seat.
2.
Lounge seating shall include a minimum overall width of 60” and depth of 36”.
3.
Lounge seating shall include powder coat paint, polished or brushed aluminum legs with leveling glides.
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
N. OTTOMAN 1.
Ottoman shall have a minimum diameter of 18”
2.
Ottoman shall be fully upholstered.
3.
Ottoman shall be offered with powder coat paint, polished or brushed aluminum legs.
V. FUNCTIONAL AREA - (7) DEMOUNTABLE WALLS A. GENERAL 1.
Demountable unitized-panel partitions shall be pre-engineered by the manufacturer and shall be fully demountable and re-locatable.
2.
The partition assembly system shall allow for removal and reinstallation of panels from the right or left side of a partition at any point of a panel without disturbing adjacent panels – 100% reconfigurable.
3.
Movable partitions shall be acoustical panels that are mounted on horizontal and/or vertical frames.
4.
Panel partitions shall be available in solid face and door panels.
5.
Panel partitions shall allow installation over a finished floor, tile or carpet, with little or no damage.
6.
The panel system shall allow two, three, and four-way connections with all fasteners being concealed.
7.
Panel partitions shall have a non-permanent and non-destructive attachment to the ceiling and floors and shall adjust to accommodate floor and ceiling irregularities.
8.
The interface between panels, the ceiling and the building walls shall be provided with sound and light seals.
9.
All wall systems shall be from one manufacturer and shall be capable of withstanding normal impact loads including loss or glass breakage attributable to defective manufacture, fabrication, installation or other defects.
10. Partition assemblies must withstand the effects of earthquake motions determined
in conformance with the seismic design provisions of ASCE/SEI publication ASCE/SEI 7, “Minimum Design Loads for Buildings and Other Structures”.
B. FRAMES / PARTITIONS / DOORS 1.
Demountable partition system shall have a maximum thickness of 4”.
2.
Demountable partition system shall have a maximum base height of 4” that is either flush or recessed. Surface-applied is not acceptable.
3.
Demountable partition system shall have vertical joints that are approximately ¼”. Joints should form a reveal between panels.
4.
Demountable partition system shall have horizontal joints that are approximately ¼”. Joints should form a reveal.
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
5.
Demountable partition system shall be non-progressive and modular. Stick-built systems are not acceptable.
6.
Demountable partition system solid walls/segments shall be available in panel substrates of MDF, plywood, metal and tackable surfaces.
7.
Demountable partition system solid panel shall be available in: a) Full width and height mid-grade fabric-covered tack panel on one side. b) Glass Segment in the clear tempered or laminated glass.
8.
Demountable partition system frame shall be metal and offered in a clear anodized or powder-coated paint.
9.
Demountable partition system shall be constructed with three segments on the circulation/door side (to maximize acoustic requirements and natural daylight flow), as follows: a) Lower segment should be solid, with the top of lower segment height at a
minimum of 30” AFF.
b) Middle segment shall be glass and the top frame should align with door frame
and should be priced as follows: (1)
Clear glass
(2)
Frosted glass (frosted glass shall allow privacy but should allow contours to be able to visible from outside)
c) Upper segment shall be clear glass. The height should be aligned with door
frame up to ceiling height.
10. Demountable partition system with marker board partitions shall be constructed
with three segments as follows:
a) Lower segment should be solid with the top of lower segment height at a
minimum of 30” AFF.
b) Middle segment shall be dry erase marker board surface (as described in Marker
Board section in this document). The top frame should align with the door frame. There shall be one (1) marker tray per panel.
c) Upper segment shall be clear glass height and should be aligned with the door
frame at bottom and up to ceiling height.
d) All other partitions shall be one segment solid walls. 11. Frames shall accommodate standard ceiling heights from approximately 84” to 120”
with 6” increments.
12. Demountable partition system shall have neoprene or rubber gaskets installed to fill
voids at intersections between top of demountable wall and ceiling grid wherever necessary to achieve STC requirements.
13. Demountable partition system shall have a flexible ceiling trim installed from the
top of the wall extending to the ceiling wall with a rigid trim connection from the partition frame extending to the base building. This should be combined with flexible wall trim as needed.
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
14. Demountable partition system shall offer doors with the following options: a) Glass and wood butt hinged doors b) Glass sliding doors options 15. Frame width for a Single Door shall be approximately within the range of 38”- 44”. 16. Frame width for a Double Door shall be approximately within the range of 74-1/8” –
86-1⁄8”.
17. Door frame shall be composed of aluminum extrusions and be offered in clear
anodized aluminum (5 micron standard) or powder coated aluminum.
18. Demountable partition system shall have lockset hardware and should be ADA
compliant. NOTE: keying shall be determined after award.
19. Standard door thickness shall be approximately 2”. 20. Doors shall have aluminum stop (anodized or powder coat finish) with non-PVC
door seal.
21. Doors shall have a full height strike plate (anodized or powder coat finish only). 22. Glass door components shall be offered in the following: a) Standard Tempered Glass ¼” b) Standard Tempered Glass 3⁄8” c) Standard Laminated Glass ¼” d) Standard Laminated Glass 3⁄8” 23. Hardware shall be offered in the following options: a) Top and bottom pivot or hinge hardware b) Non-Locking with Bar Pull c) Floor Locking with Bar Pull d) Lever Patch for Cylindrical Hardware 24. Door pulls shall be offered and have: a) Top flush bolts, roller catches 5-5⁄8” strike plate. b) Magnetic Lock
C. PERFORMANCE REQUIREMENTS 1.
When tested in accordance with ASTM E90 and ASTM E413, demountable walls shall the following acoustic performance ratings: a) Solid panels minimum STC 39 b) Glass panel minimum STC 35
2.
Panels shall be tested in accordance with ASTM E84 and shall have: a) Flame Spread Index 25 or less b) Smoke Developed Index 450 or less
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
3.
Demountable partition system shall be capable to withstand the effects of gravity loads and the following loads and stresses within limits under conditions indicated: a) Load-Bearing Capacity: Not less than 300lbs (136kg) concentrated proof load
when tested according to BIFMA x5.6.
b) Transverse-Load Capacity: Lateral deflection of not more than 1/240 of the
overall span when tested under a uniformly distributed load of 5 lb/sq ft (24.4kg/sq m) according to ASTM E72.
D. ELECTRICAL AND COMMUNICATIONS
7.0
1.
Electrical power systems with UL-listed components shall be offered. Ports for telephone and communications cables shall be provided. Receptacle, switch, and telecommunication plates shall be available.
2.
The wall panels shall have wire ways to provide for the distribution of electrical and communication wiring allowing for the hard-wiring of electrical components.
3.
Assembled panels shall be UL Classified to comply with NFPA 70 National Electric Code 2012 Edition.
4.
Modular System Components shall be UL Listed to comply with NFPA 70, National Electric Code, and Article 604 – Manufactured Wiring Systems.
5.
Electrical outlet boxes shall be surrounded by batt insulation and shall be placed staggered to maximize acoustical performance of partitions.
DESIGN AND LAYOUT CONDITIONS 1. The Contractor shall be responsible for providing the following design and layout services required for this project. This specifically includes: a) Meetings with the client agency PM and any other agency personnel to obtain information to develop furniture design layout drawings, furniture finishes, Bill of Materials (BOM), and furniture installation drawings. b) All furniture design layout and electrical drawing shall be submitted as scaled drawings with a minimum of ¼” scale or the preferred scale of the client agency PM. c) Electrical drawings shall be provided to the client agency PM identifying all circuit locations. d) Contractor shall provide plan view, isometric view (3D) and elevation view drawings in both CAD and PDF format of the typical drawings for the client agency PM during design meetings. e) All furniture typical drawings shall define furniture by size, finish, and required furniture components. f) All Contractor final design drawings shall be submitted in electronic and hard copy format for review and approval of the client agency PM.
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General Services Administration Integrated Workplace Acquisition Center 20 North 8th Street 10th Floor Philadelphia, PA 19107 www.gsa.gov
2. The Contractor shall work with the client agency Project Manager, GSA-IWACenter CO, and architect/engineer of record to convert the space plans into furniture specific design layout drawings. The final furniture layout drawings shall be submitted to the client agency PM, and the GSA IWACenter CO with an itemized listing of all components (BOM). The BOM shall include part numbers, nomenclature, size, quantity, GSA discount and unit price of each component required. 3. The Contractor shall identify all pre-approved existing furniture in the new furniture layouts. 4. All final furniture layout drawings showing design intent and/or BOM shall be approved by client agency PM, and GSA-IWACenter CO prior to ordering furniture. 5. All drawing title blocks and the subject line of email correspondence with the client agency PM, and GSA-IWACenter CO shall include client agency project named designations and Contractor’s designations. 8.0
PROJECT MANAGEMENT 1. The Contractor shall be responsible for all Project Management services, which includes serving as the single point of contact (POC), project manager (PM), furniture liaison and other duties at the job site that involves ordering, delivery and installation of the furniture. 2. The PM shall ensure coordination, timely delivery, and installation of ordered furniture in accordance with all necessary individuals. 3. The PM shall manage the relationship between the client agency PM, GSA-IWACenter CO, the design firm, GC, furniture manufacturers, furniture dealers, furniture installers, corporate representatives, service providers and all applicable individuals involved on the project. 4. The PM shall be responsible for all pertinent communication. The communication shall be communicated orally and documented in writing. All schedules shall be updated and all personnel shall be informed of the project status. 5. The PM must attend and direct the necessary progress meetings, write and distribute notes as required. The PM shall be responsible for generating and distributing meeting minutes to all designated team members. At a minimum, the meeting minutes shall include all pertinent team members, action items, due dates and any information deemed necessary. 6. The PM shall assist the GSA IWACenter CO with any other duties/information required to manage the project. 7. The PM shall complete an analysis for the location relative to the installation. The analysis shall outline all critical issues including but not limited to the following: site conditions, risk assessments, critical dependencies, quality standards, and construction schedules that affect furniture delivery.
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8. Project Installation Management Services: a) The PM shall provide advance notice, comply with all building requirements, procedures and coordinate all deliveries to the site with the client agency PM and GC. b) The PM shall provide 3 weeks advance notice for furniture deliveries, schedule installers, reserve dock or elevator if required, and ensure the deliveries are properly coordinated. c) The PM shall provide continuous on-site supervision ensuring the quality of work and installation crews are punctual and presentable. 9. Project Close Out: a) The PM shall maintain an ongoing punch list that consists of any damaged items, incorrectly installed, and/or missing product. The PM will complete one punch list organized by manufacturer. b) After all punch list items have been resolved, the post-installation walk through will be conducted with the client agency PM or assigned representative and IWACenter CO or assigned representative to finalize the installation phase. The the client agency PM will sign off on the installation phase indicating acceptance of all the work and services under the delivery order after the IWACenter CO confirms the work performed is in compliance with the contract. 9.0
INSTALLATION SERVICES 1. The Contractor shall coordinate all deliveries and installation schedule(s) with the designated Project Manager (PM), client agency PM and any other necessary individuals at least 3 weeks prior to the scheduled delivery date. 2. Installation of new furniture shall occur during normal business hours, unless otherwise specified in writing by the client agency PM. 3. Installation will be scheduled with the client agency PM when all products have been received and inspected to minimize partial deliveries unless otherwise agreed upon by the client agency PM. 4. Installation contractor shall exhibit professional conduct; minimize personal calls or otherwise unprofessional behavior. 5. Circulation pathways must be kept clear of packing material or product during installation. 6. The Contractor shall at all times keep the job site clean, including staging and storage areas used by the Contractor, free from accumulations of waste material or trash. 7. General duties and requirements to be fulfilled by the Contractor are as follows:
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a) The Contractor shall provide one hard copy and an electronic copy of each of the following before installation to the client agency PM: i)
Product Warranties
ii) Installation drawings (to include an electronic version of As Installed Drawings in
8. The Contractor shall provide full-time on-site management, coordination, and technical assistance at all times during delivery and installation. There shall be a punch list executed and distributed to the client agency PM and end user, within 48 hours of the final walkthrough. The punch list shall contain all follow up and coordination required to ensure the installation is complete and acceptable. 9. The contractor shall correct all punch list items within (20) twenty working days after completing the furniture installation. The exception being any punch list items which need to be ordered from the manufacturer, which shall be identified and ordered within (10) ten working days after completing the furniture installation 10. The Contractor’s installation supervisor shall walk- through the project location with the onsite POC (end user) and/or client agency PM prior to installation of furniture and during the final punch list. 11. The complete installation of all furnishings shall be in accordance with the GSA IWACenter CO’s approved manufacturer specifications. Missing or damaged products shall be replaced within a 4 (four) week period. 12. Contractor shall conduct pre-installation walk through with the client agency PM prior to installation to determine the existing site and building conditions and agree to a level of protection required. It is incumbent upon the successful contractor to identify any existing damage to the building. Direct attention shall be given to the protection of existing structure and finishes to prevent any physical damage of the building’s existing content and finishes. Proper measures (protective runner, pads, corner guards, etc.) will be utilized by the Contractor to protect the building’s interior structure. 13. The Contractor shall be responsible for any damage to the building which occurs during delivery and installation. Contractor shall ensure building repair of all damages to the site is to the satisfaction of the client agency PM within 10 days of issuing the final punch list. 14. The vendor shall correct all deficiencies and make all adjustments as required for life safety within seventy-two (72) hours after completing the installation. The contractor shall be responsible for all replacement costs, including communications, shipping, and installation.
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15. The Contractor shall ensure that all products and installation comply with the General Specifications listed herein as well as with all applicable state, local and federal building codes, local ordinances and regulations. 16. The Contractor shall prepare the office space for occupancy and immediate use. Prior to walk-through with Government representative, all components must be leveled, clean and free of debris, smudges, scuff marks etc. 10.0
RECYCLING AND TRASH REMOVAL
1. The Contractor shall clean up and dispose of waste materials or trash in accordance with this paragraph and all applicable federal, state, and local regulations, standards, codes and laws. 2. The Contractor shall keep the job site clean (includes staging and storage areas as well as circulation pathways used by the Contractor) from accumulation of waste materials or trash. 3. Prior to completion of the work, the Contractor shall remove from the vicinity of the work site all shipping containers, packing, trash, unused materials and other like material, belonging to the Contractor or used under the selected Contractor's direction. 4. In effort to facilitate sustainability, the Contractor shall recycle all mandated acceptable packing materials. 5. Contractor shall be responsible for any fees or charges relative to the disposal of materials. If the project location requires a dumpster, the contractor shall coordinate with the client agency PM and the building manager or building owner representative for guidelines. 6. The Contractor shall dispose of recyclables, trash, and packing materials off-site and not in facility-provided receptacles on a daily basis. 7. The Contractor shall investigate and obtain proper permits for parking, furniture installation, and any other necessary permits as required.
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11.0
DELIVERABLES (TBD) Task (Milestone)
Number of Days
Space Plan Drawings to include Mark ups (First Site Visit)
XX Days after receipt of CAD file and verbal introduction to XXXXX end user.
Proposed Space Plan Drawings to include furniture finish selections (Second Site Visit) Final Furniture Layout Drawing to include electrical/data requirements and location as well as all furniture components (Final)
XX Days after receipt of CAD file and verbal introduction to XXXXXX end user.
XX Days after receipt of CAD file and verbal introduction to XXXXXX end user.
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SECTION IV: CONTRACT CLAUSES AND PROVISIONS 52.204-7 System for Award Management As prescribed in 4.1105(a)(1), use the following provision: System for Award Management (Jul 2013) (a) Definitions. As used in this provision— “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. “Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. “Registered in the System for Award Management (SAM) database” means that— (1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database; (2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record “Active”. (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.
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(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number— (i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and ZIP Code. (iv) Company Mailing Address, City, State and ZIP Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) Offerors may obtain information on registration at https://www.acquisition.gov. (End of clause) 52.204-9 Personal Identity Verification of Contractor Personnel. As prescribed in 4.1303, insert the following clause: Personal Identity Verification of Contractor Personnel (Jan 2011)
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(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government: (1) When no longer needed for contract performance. (2) Upon completion of the Contractor employee’s employment. (3) Upon contract completion or termination. (c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer. (End of clause) 52.212-1 Instructions to Offerors—Commercial Items. As prescribed in 12.301(b)(1), insert the following provision: Instructions to Offerors—Commercial Items (Apr 2014) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— (1) The solicitation number;
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(2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) “Remit to” address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include 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 submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and— (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government 36
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infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. 37
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(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (https://assist.dla.mil/online/start/). (ii) Quick Search (http://quicksearch.dla.mil/). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by— (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet 38
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at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of provision) 52.212-2 Evaluation—Commercial Items. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation—Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: See Attachment A-Request for Proposal (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an
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offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) 52.212-3 Offeror Representations and Certifications—Commercial Items. As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications—Commercial Items (Nov 2013) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. “Forced or indentured child labor” means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. “Inverted domestic corporation”, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does
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not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except— (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. “Sensitive technology”— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
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(i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). “Service-disabled veteran-owned small business concern”— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). “Small business concern” means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. “Subsidiary” means an entity in which more than 50 percent of the entity is owned— (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. “Veteran-owned small business concern” means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. “Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. “Women-owned small business concern” means a small business concern— 42
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(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of 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 small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this
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provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— (i) It o is,o is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that— (i) It o is, o is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business
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concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a womenowned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either— (A) It o is, o 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 SAM Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It o has, o 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) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that— (i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in
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ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246— (1) Previous contracts and compliance. The offeror represents that— (i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that— (i) It o has developed and has on file, o 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 o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end
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product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.” (2) Foreign End Products: Line Item No. Country of Origin ______________
_________________
______________
_________________
______________
_________________
[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act— Free Trade Agreements–Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________
_________________
______________
_________________
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______________
_________________
[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” Other Foreign End Products: Line Item No. Country of Origin ______________
_________________
______________
_________________
______________
_________________
[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary]
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(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Canadian or Israeli End Products: Line Item No. Country of Origin ______________
_________________
______________
_________________
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_________________
[List as necessary] (4) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________
_________________
______________
_________________
______________
_________________
[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.” (ii) The offeror shall list as other end products those end products that are not U.S.made or designated country end products.
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Other End Products: Line Item No. Country of Origin ______________
_________________
______________
_________________
______________
_________________
[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals— (1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
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(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________
___________________
___________________
___________________
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(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror o does o does not certify that— (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
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[ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror o does o does not certify that— (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies— (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN. (3) Taxpayer Identification Number (TIN). o TIN: ________________________________. o TIN has been applied for.
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o TIN is not required because: o 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; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o o o o o o o o
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. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that— (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation.
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(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at [email protected]. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror— (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if— (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of provision) Alternate I (Apr 2011). As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision: (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ____ Hispanic American.
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____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. Alternate II (Jan 2012). As prescribed in 12.301(b)(2), add the following paragraph (c)(10)(iii) to the basic provision: (i) Address. The offeror represents that its address o is, o is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.acquisition.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. “Address,” as used in this provision, means the address of the offeror as listed on the Small Business Administration’s register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR Part 124, subpart B. For joint ventures, “address” refers to the address of the small disadvantaged business concern that is participating in the joint venture.
52.212-4 Contract Terms and Conditions—Commercial Items. As prescribed in 12.301(b)(3), insert the following clause: Contract Terms and Conditions—Commercial Items (Sept 2013) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights— (1) Within a reasonable time after the defect was discovered or should have been discovered; and
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(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (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) See ITSS Invoice Instructions under OTHER CONTRACT CLAUSES. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.— (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
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(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall— (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if— (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
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(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on— (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (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 59
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suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 4712 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, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
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(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. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.
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(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (u) Unauthorized Obligations (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (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 (Jan 2014) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
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(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 10878). (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. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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. (Aug 2013) (31 U.S.C. 6101 note). _X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
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__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (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). _X_ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). _X_ (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 (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). _X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. _X_ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Jul 2010) of 52.219-9. _X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). _X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). _X_ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
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__ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _X_ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _X_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). _X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (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.) __ (37)(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 the acquisition of commercially available off-the-shelf items.)
applicable to
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_X_ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. _X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). _X_ (41) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (42)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (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, 109169, 109-283, 110-138, 112-41, 112-42, and 112-43). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Nov 2012) of 52.225-3. _X_ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (44) 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). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
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__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). _X_ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).
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__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records— Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
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(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.217-9 Option To Extend The Term Of The Contract (Mar 2000) As prescribed in 17.208(g), insert a clause substantially the same as the following: Option to Extend the Term of the Contract (Mar 2000) a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least forty‐five (45) days before the contract expires. The preliminary notice does not commit the Government to an extension. b) If the Government exercises this option, the extended contract shall be considered to include this option clause. c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. (End of clause)
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52.219-1 Small Business Program Representations. (APPLIES TO FUNCTIONAL AREA 4 AND FUNCTIONAL AREA 5) As prescribed in 19.309(a)(1), insert the following provision: Small Business Program Representations (Apr 2012) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ________________ [insert NAICS code]. (2) The small business size standard is _____________ [insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it o is, o is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a women-owned small business concern. (4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that— (i) It o is, o is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It o is, o not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that—
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(i) It o is, o is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern. (7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that— (i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (c) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program. “Service-disabled veteran-owned small business concern”— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and 71
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(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). “Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. “Veteran-owned small business concern” means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. “Women-owned small business concern” means a small business concern— (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of 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 small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall— (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. 72
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(End of provision) 52.219-28 Post-Award Small Business Program Rerepresentation. (APPLIES TO FUNCTIONAL AREA 4 AND FUNCTIONAL AREA 5) As prescribed in 19.309(d), insert the following clause: Post-Award Small Business Program Rerepresentation (JUL 2013) (a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts— (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. 73
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(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it o is, o is not a small business concern under NAICS Code ______________ assigned to contract number ______________. [Contractor to sign and date and insert authorized signer’s name and title]. (End of clause) 52.232-39 Unenforceability of Unauthorized Obligations. As prescribed in 32.706-3, insert the following clause: Unenforceability of Unauthorized Obligations (Jun 2013) (a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
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(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (End of clause) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. As prescribed in 32.009-2, insert the following clause: Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. (End of clause) 52.246-17 Warranty of Supplies of a Noncomplex Nature. As prescribed in 46.710(a)(1), insert a clause substantially as follows: Warranty of Supplies of a Noncomplex Nature (June 2003) (a) Definitions. As used in this clause— “Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract. “Supplies” means the end items furnished by the Contractor and related services required under this contract. The word does not include “data.” (b) Contractor’s obligations.
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(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 90 Days. (i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and (ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract. (2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor’s plant, and return. (3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies. (4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract. (c) Remedies available to the Government. (1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days after discovery of the defect. (2) Within a reasonable time after the notice, the Contracting Officer may either— (i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or (ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances. (3)(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer— (A) May, for sampling purposes, group any supplies delivered under this contract; (B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed; (C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and 76
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(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots. (ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options: (A) Require an equitable adjustment in the contract price for any group of supplies. (B) Screen the supplies grouped for warranty action under this clause at the Contractor’s expense and return all nonconforming supplies to the Contractor for correction or replacement. (C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies. (D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement. (4)(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor— (A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or (B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. (ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred. (5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. (End of clause) 552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items (JUL 2003) As prescribed in 512.301(a)(1), insert the following clause:
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Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items (Jul 2003) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions.
_X_ 552.237-70
Qualifications of Offerors
(b) Clauses.
_X_ 552.203-71
Restriction on Advertising
_X_ 552.211-73
Marking
_X_552.215-70
Examination of Records by GSA
___552.215-71
Examination of Records by GSA (Multiple Award Schedule)
___552.215-72
Price Adjustment – Failure to Provide Accurate Information
_X 552.219-70
Allocation of Orders – Partially Set-Aside Items
___552.229-70
Federal, State and Local Taxes
_X 552.232-23
Assignment of Claims
___552.232-72
Final Payment
_X_552.237-71
Qualifications of Employees
___552.238-71
Submission & Distribution of Authorized FSS Schedule Price List
___ 552.238-74
Industrial Funding Fee and Sales Reporting
___ 552.238-75
Price Reductions
___ 552.242-70
Status Report of Orders and Shipments
___ 552.243-72 ___ 552.246-73
Modifications (Multiple Award Schedule) Warranty – Multiple Award Schedule
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ADDITIONAL CONTRACT CLAUSES: ITSS Invoice Instructions The contractor shall invoice for the entire delivery order amount upon completion of the project unless otherwise specified in the individual contract/delivery/purchase order. Completion is defined as resolution of any/all outstanding punch list items. A deliverable will be submitted by the Vendor via ITSS which will provide the Government with Client verification that Delivery, Installation and resolution of any outstanding items/issues has been completed and finalized prior to submission of invoice. Please see Appendix #2 for this deliverable. Payment Information The following procedures, if followed, will ensure timely payment of invoices. The invoice shall be submitted electronically and concurrently in the following two systems: 1. ITSS (This allows for electronic Client and GSA Acceptance)
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2.
GSA Finance
A. To submit your invoice to ITSS for Client Acceptance follow these steps: 1. Log onto the Internet URL www.portal.fas.gsa.gov. 2. Log into ITSS using your assigned username and password. 3. Once logged in, click on “Create Support Documents”. 4. Once in the Create Support Documents field, you will see a list of awarded task order numbers and a pull down menu that reads <
