ATS3000A Radio Tester and Software

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in FAR Subpart 12.6, in conjunction with FAR 13.5, as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation H92240-14-T-TC10 is issued as a request for quotation (RFQ) and this is notice that Naval Special Warfare Command, Contracting Office, Joint Expeditionary Base, Little Creek/Ft Story, Virginia Beach, VA 23459 intends to award a firm fixed price contract. This requirement is UNRESTRICTED. The associated North American Industrial Classification System (NAICS) code is 335999 and the Small Business Size Standard is 500. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-74 Effective 30 May 2014. BID ALL OR NONE. Brand Name or Equal CLIN 0001: 3 Each: P/N: ATS3000A Radio Tester; Manufacturer: DME Corporation CLIN 0002: 3 Each: P/N: ATS-ACC-002 Accessory Kit; Manufacturer: DME Corporation CLIN 0003: 3 Each : P/N: STK-01, ATS3000A Self Test Kits; Manufacturer: DME Corporation CLIN 0004: 3 Each : P/N: ATS-TPS-329; ATS3000A Test Program Set (TPS); PRC148 V3, V4, V5, and V6 Software with cable; Manufacturer: DME Corporation CLIN 0005: 3 Each: P/N: ATS-TPS-321; ATS3000A Test Program Set (TPS); PRC148 2M V1 URBAN software; Manufacturer: DME Corporation CLIN 0006: 3 Each: P/N: ATS-TPS-322; ATS3000A Test Program Set (TPS); PRC148 20M V2 MERITIME software; Manufacturer: DME Corporation CLIN 0007: 3 Each: P/N: ATS-TPS-324; ATS3000A Test Program Set (TPS); PRC148 2M URBAN CLEAR software; Manufacturer: DME Corporation CLIN 0008: 3 Each: P/N: ATS-TPS-325; ATS3000A Test Program Set (TPS); PRC148 20M MERITIME CLEAR software; Manufacturer: DME Corporation CLIN 0009: 3 Each: P/N: ATS-TPS-375; ATS3000A Test Program Set (TPS); PRC117G; Manufacturer: DME Corporation CLIN 0010: 3 Each: P/N: ATS-TPS-358; ATS3000A Test Program Set (TPS); PRC152/A; Manufacturer: DME Corporation CLIN: 0011: 3 Each: P/N: ATS-TPS-328; ATS3000A Test Program Set (TPS); PRC150; Manufacturer: DME Corporation CLIN: 0012: 3 Each: P/N: ATS-TPS-374; ATS3000A Test Program Set (TPS); PRC117F; Manufacturer: DME Corporation OPTIONS - BID ALL OR NONE. BRAND NAME OR EQUAL. ESTIMATED DELIVERY JUNE 30, 2015 OR SOONER. DATE TO BE DETERMINED IF OPTION EXERCISED. CLIN 1001: 3 Each: P/N: ATS3000A Tester; Manufacturer (Mfg): DME Corporation CLIN 1002: 3 Each: P/N: ATS-ACC-002 Accessory Kit; Mfg: DME Corporation CLIN 1003: 3 Each : P/N: STK-01, ATS3000A Self Test Kit; Mfg: DME Corporation CLIN 1004: 3 Each : P/N: ATS-TPS-329; ATS3000A Test Program Set (TPS); PRC148 V3, V4, V5, and V6 Software with cable; Mfg: DME Corporation CLIN 1005: 3 Each: P/N: ATS-TPS-321; ATS3000A Test Program Set (TPS); PRC148 2M V1 URBAN software; Mfg: DME Corporation CLIN 1006: 3 Each: P/N: ATS-TPS-322; ATS3000A Test Program Set (TPS); PRC148 20M V2 MERITIME software; Mfg: DME Corporation CLIN 10007: 3 Each: P/N: ATS-TPS-324; ATS3000A Test Program Set (TPS); PRC148 2M URBAN CLEAR software; Mfg: DME Corporation CLIN 1008: 3 Each: P/N: ATS-TPS-325; ATS3000A Test Program Set (TPS); PRC148 20M MERITIME CLEAR software; Mfg: DME Corporation CLIN 1009: 3 Each: P/N: ATS-TPS-375; ATS3000A Test Program Set (TPS); PRC117G; Mfg: DME Corporation CLIN 1010: 3 Each: P/N: ATS-TPS-358; ATS3000A Test Program Set (TPS); PRC152/A; Mfg: DME Corporation CLIN: 1011: 3 Each: P/N: ATS-TPS-328; ATS3000A Test Program Set (TPS); PRC150; Mfg: DME Corporation CLIN: 1012: 3 Each: P/N: ATS-TPS-374; ATS3000A Test Program Set (TPS); PRC117F; Mfg: DME Corporation If quoting on "an equal", provide detailed specification for evaluation. Potential quoters must monitor this website for changes to the combined synopsis/solicitation. Amendments to the combined synopsis/solicitation will be posted to this website. All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent to the following point of contact: contact@example.gov no later than 02 July, 2014 @ 9:00am Eastern time to allow adequate time to prepare a response. Only written questions regarding this announcement will be accepted. Quotations are due 10 July 2014 at 09:00am Eastern Time. E-mail: contact@example.gov. You must be registered in SAM to be considered for an award. Registration is free and can be completed online at https://sam.gov. The above registrations can be completed through the System for Award Management (SAM) @ www.sam.gov. The System for Award Management (SAM) is a FREE web site that consolidates the capabilities that used to be found in CCR/FedReg, ORCA and EPLS. NOTE: THE ATTACHED TWO DFAR CLAUSES MUST BE FILLED OUT AND RETURNED WITH THE QUOTE. (See attached PDF file): DFAR CLAUSE 252.209-7998 (DEV); Representations Regarding Convection of a Felony Criminal Violation Under Any Federal or State Law (MAR 2012) and DFAR Clause 252.209-7999 (DEV); Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or Felony Conviction under any Federal Law (JAN 2012) The following provisions and clauses apply to this acquisition: It is the offeror's responsibility to be familiar with the applicable clauses and provisions. Clauses and provisions in full text may be accessed via the Internet at website http://farsite.hill.af.mil FAR 52.202-1 - Definitions (Jan 2012) FAR 52.203-10 - Price or Fee Adjustment for Illegal & Improper Activity (1992) FAR 52.203-11 - Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) FAR 52.204-4 Printed or Copied Double Sided on Post Consumer Fiber Content Paper (May 2011) FAR 52.204-7 - Central Contractor Registration FAR 52.204-13-System for Award Management Maintenance (Jun 2013) FAR 52.209-2-Prohibition on Contracting w/Inverted Domestic Corporations-Representation (May 2012) FAR 52.209-5 - Certification Regarding Responsibility Matters (Apr 2010) FAR 52.211-6 - Brand Name or Equal FAR 52.212-1 -- Acquisition of Commercial Items Provisions and Clauses FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items applies to this acquisition FAR 52.222-41 - Service Contract Act of 1965 (Nov 2007) FAR 52.237-1 - Site Visit (Apr 1984) FAR 52.237-2 - Protection of Government Buildings, Equipment and Vegetation (Apr 1984) FAR 52.243-1 - Changes -- Fixed-Price FAR 52.242-13 - Bankruptcy (Jul 1995) FAR 52.245-1 - Government Property (Apr 2012) FAR 52.247-34 -- F.O.B. Destination DFAR 252.203-7000 - Requirements Relating to Compensation DFAR 252.203-7002 - Requirements to Inform Employees DFARS 252.204-7003 - Control of Government Personnel Work Product DFARS 252.204-7004 - Alt A - Central Contractor Registration DFARS 252.225-7001-Buy American Act and Balance of Payments Program DFAR 252.225-7012 - Preference for Certain Domestic Commodities (Jun 2010) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 -- Levies on Contract Payments and DFARS 252.237-7010 - Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013) DFAR 252.237-7023 - Continuation of Essential Contractor Service (Oct 2010) DFARS 252.243-7001-- Pricing of Contract Modifications DFAR 252.243-7002 - Requests for Equitable Adjustment (Mar 1998) FAR 52.212-2 - EVALUATION--COMMERCIAL ITEMS (JAN 1999) 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 based on the following factors: Technical capability and price. Award will be made to the lowest price technically acceptable offeror. FAR 52.212-3 Alt A - Reps and Certs Offerors shall complete the provision at 52.212-3, Offer Representation and Certification-Commercial Items which can be completed via the ORCA website https://sam.gov FAR 52.212-5 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). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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. 110-252, 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 (July 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). ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313). X (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). ____ (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). ____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ____ (ii) Alternate I (Oct 1995) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7. ____ (16) 52.219-8, Utilization of Small Business Concerns (July 2013) (15 U.S.C. 637(d)(2) and (3)). ____ (17)(i) 52.219-9, Small Business Subcontracting Plan (July 2013) (15 U.S.C. 637(d)(4)). ____ (ii) Alternate I (Oct 2001) of 52.219-9 ____ (iii) Alternate II (Oct 2001) of 52.219-9 ____ (iv) Alternate III (Jul 2010) of 52.219-9 ____ (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)) ____ (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 (July 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323) ____ (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. 657f) X (25) 52.219-28, Post Award Small Business Program Representation (July 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 (July 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 (July 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. 3126) 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). ____ (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 applicable to the acquisition of commercially available off-the-shelf items.) ____ (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). ____ (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, 109-169, 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)). ____ (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 (July 2013) (31 U.S.C. 3332). ____ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). ____ (52) 52.232-36, Payment by Third Party (July 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.) X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). X (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.). X (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). X (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 1998) (29 U.S.C. 793). (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) FAR 52.215-5 - Facsimile Proposals (a) Definition. Facsimile proposal, as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine. (b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals. (c) The telephone number of receiving facsimile equipment is: +1 (555) 000-0000. (d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document -- (1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal; (2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and (3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer. (e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal. (End of Provision) FAR 52.217-5 - EVALUATION OF OPTIONS Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) FAR: 52.217-6 - OPTION FOR INCREASED QUANTITY (MAR 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree. (End of Clause) FAR 52.217-7 - OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (a) 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 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days. 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 2 years. FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (DEC 2012). As prescribed at 25.1103(e), insert the following provision: (a) Definitions. As used in this provision- "Person"- (1) Means- (i) A natural person; (ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and (2) Does not include a government or governmental entity that is not operating as a business enterprise. "Sensitive technology"- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (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)). (b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at contact@example.gov. (c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror- (1) 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; (2) 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. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and (3) 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). (d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if- (1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material. (End of provision) 52.232-18 -- Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of Clause) FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998). As prescribed in 52.107(a), insert the following provision: This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of provision) FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998). As prescribed in 52.107(b), insert the following clause: This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of clause) FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the co...