CIRCUIT BREAKER

REQUEST FOR QUOTE 70Z08523Q30007B00

 

THE USCG SURFACE FORCES LOGISTICS CENTER, LRE PRODUCT LINE HAS A REQUIREMENT TO PROCURE THE ITEM NOTED BELOW.

QUOTES MAY SUBMITTED BY EMAIL TO KATHLEEN.M.LECHERT@USCG.MIL. THE CLOSING DATE AND TIME FOR RECEIPT OF QUOTE IS 23 MARCH 2023 at 12:00 pm EST.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The NAICS code for this solicitation is 336611. This synopsis/solicitation is issued pursuant to FAR 6.203-1 and HSAM 3006.302-1. The resultant purchase order will be awarded using simplified acquisition procedures in accordance with FAR 13.5. FAC 2023-01 DTD 12/30/2022.

THIS ACQUISITION IS 100% SET ASIDE FOR SMALL BUSINESS

All responsible sources may submit a quotation, which if timely received, shall be considered by the Agency. Companies must have valid DUNS numbers and be registered with System for Award Management (SAM) and shall provide the company Tax Information Number (TIN) with their offer.

Substitute part numbers are NOT acceptable.

It is anticipated that purchase order shall be awarded as a result of this synopsis/solicitation. The items are used on various US Coast Guard vessels. Substitute part numbers are NOT acceptable.

FOB DESTINATION PRICING REQUIRED.

AWARD WILL BE BASED PRICE AND OR DELIVERY.

ITEM #1:

NSN: 5925 01-664-2864

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: HHFD63B100NLNAV

MANUFACTURER NAME: SIEMENS ENERGY AND AUTOMATION INC

QTY: 4 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  4/25/23

VENDORS PROMISED DELIVERY: ___________________

ITEM #2:

NSN: 5925 01-603-3177

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: HHFD63B150NLNAV

MANUFACTURER NAME: SIEMENS ENERGY AND AUTOMATION INC


QTY: 2 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

ITEM #3:

NSN: 5925 01-664-2870

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: HHFD63B200NLNAV

MANUFACTURER NAME: SIEMENS ENERGY AND AUTOMATION INC

QTY: 8 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

ITEM #4:

NSN: 5925 01-603-3184

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: HHFD63B225NLNAV

MANUFACTURER NAME: SIEMENS ENERGY AND AUTOMATION INC

QTY: 4 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

ITEM #5:

NSN: 5925 01-664-3016

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: HHFD63B250NLNAV

MANUFACTURER NAME: SIEMENS ENERGY AND AUTOMATION INC

QTY: 3 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

ITEM #6:

NSN: 5925 01-664-2767

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: HHJD63B250NLNAV

MANUFACTURER NAME: SIEMENS ENERGY AND AUTOMATION INC

QTY: 4 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

ITEM #7:

NSN: 5925 01-665-5196

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: HHJD63B300NLNAV

MANUFACTURER NAME: SIEMENS ENERGY AND AUTOMATION INC

QTY: 3 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

ITEM #8:

NSN: 5925 01-664-2782

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: HHJD63B400NLNAV

MANUFACTURER NAME: SIEMENS ENERGY AND AUTOMATION INC

QTY: 3 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

ITEM #9:

NSN: 5925 01-687-3776

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: HHLD63B600NLNAV

MANUFACTURER NAME: SIEMENS ENERGY AND AUTOMATION INC

QTY: 1 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

ITEM #10:

NSN: 5925 01-562-2845

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: HHFD63B070NLNAV

MANUFACTURER NAME: SIEMENS ENERGY AND AUTOMATION INC


QTY: 2 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

ITEM #11:

NSN: 5925 01-687-5182

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: HHFD63B125NLNAV

MANUFACTURER NAME: SIEMENS ENERGY AND AUTOMATION INC


QTY: 1 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

ITEM #12:

NSN: 5925 01-572-6279

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: WA5JHR33E9CFBBXHCX

MANUFACTURER NAME: SCHNEIDER ELECTRICAL

QTY: 1 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

ITEM #13:

NSN: 5925 01-562-2863

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: WA5AAR33E9SXXXXXXX

MANUFACTURER NAME: CAROLINA POWER SYSTEMS

QTY: 1 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

ITEM #14:

NSN: 5925 01-572-6269

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: WA5JHR63E3HFBBXHCX

MANUFACTURER NAME: SCHNEIDER ELECTRICAL

QTY: 2 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

ITEM #15:

NSN: 5925 01-562-2900

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER: WA5JHR33E9CFBBXXCX

MANUFACTURER NAME: SCHNEIDER ELECTRICAL

QTY: 2 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

ITEM #16:

NSN: 5925 01-665-5197

DESCRIPTION: CIRCUIT BREAKER
PART NUMBER:  HHLD63B400NLNAV

MANUFACTURER NAME: SCHNEIDER ELECTRICAL

QTY: 1 EA

UNIT PRICE $________________

TOTAL $_________________

REQUIRED DELIVERY DATE:  2/15/24

VENDORS PROMISED DELIVERY: ___________________

The item(s) is/are used on various US Coast Guard vessels. Substitute part numbers are NOT acceptable. Inspection and acceptance shall take place at Destination after verification of preservation, individual packaging and marking requirements and confirmation of no damage during transit. Failure to comply with packaging requirements will result in rejection and nonpayment.

CREDIT CARD: __________ PURCHASE ORDER: __________

PAYMENT TERMS: ______________ SMALL BUSINESS: _____

VENDOR NAME: ______________________________________________

VENDOR ADDRESS: ______________________________________________

_______________________________________________

VENDOR POC: ____________________________________________________

PH: _________________________________ FAX: ________________________

EMAIL: ___________________________________________________________

*TIN NO: ____________________________________ (Required – Must be Included)

*UEI NO: __________________________________ (Required – Must be Included)

ACTIVE IN SYSTEM FOR AWARD MANAGEMENT (REQUIRED FOR AWARD)

(www.sam.gov): _______YES ________NO

Part covered under GSA Contract _____YES______NO (if yes, mark below)

*SHIP TO:

United States Coast Guard SFLC
Receiving Room – BLDG 88
2401 Hawkins Point RD
Baltimore, MD 21226

INDIVIDUALLY PACKAGED IN ACCORDANCE WITH MIL-STD-2073-1 E METHOD 10, CUSHIONED IN A BUBBLE WRAP, AS NEEDED, UTILIZING CUSHIONING, BLOCKING AND BRACING AND BAGGED. BAG CLOSURE SHALL BE AFFECTED BY HEAT-SEALING, ADHESIVES, OR TAPING. OTHER TYPE BAG CLOSURES SUCH AS PRESSURE-FIT, ZIPPER, AND OTHERS, ARE ACCEPTABLE. PLACED INSIDE OF BAG SHALL BE DESICCANT IN ACCORDANCE WITH TYPE II OR III OF MIL-D-3464. PACKED IN AN APPROPRIATELY SIZED ASTM-D6251 TYPE III, CLASS 1 WOOD-CLEATED PANELBOARD SHIPPING BOX OR ASTM-D6880 CLASS 2 HEAVY DUTY SCREWED WOODEN BOX. MARKING IAW MIL-STD-129R.

It is anticipated that a purchase order shall be awarded as a result of this synopsis/solicitation.  THIS AWARD WILL BE BASED ON PRICE AND DELIVERY.

OFFERORS MUST SUBMIT THE FOLLOWING INFORMATION ON THEIR QUOTE:

Disclosure: The Offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73;
__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or
__it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.
(End of provision)

The following FAR Clauses provisions apply to this solicitation. FAR 52.212-1, Instructions to Offerors-Commercial Items (OCT 2018); FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (OCT 2018) with Alternate I. Offeror(s) must include a completed copy of FAR 52.212-3 with their quote.

The following FAR Clauses apply to this solicitation. Offeror may obtain full text versions of these clauses electronically at www.ecfr.gov 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (MAY 2019)

Title 48: Federal Acquisition Regulations
3052.209-70 Prohibition on contracts with corporate expatriates

The Contractor is responsible 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.

Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

Preparation For Delivery

All material must be shipped to U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Receiving Room- BLDG 88, Baltimore, MD, 21226 for this Purchase Order. Material must be accompanied by an itemized packaging list securely attached to the outside of the shipment.

All packing lists shall cite the Purchase Order Number with the packaging in such a manner to ensure identification of the material provided.

Material shall be packed for shipment using Military Packaging, for examples in packaging please reference MIL-STD-2073-1E. Material must be packaged in such a manner as to afford adequate protection to the item against corrosion, deterioration, and physical damage during shipment from the supply course to Surface Forces Logistics Center locations.

Packaging shall provide adequate protection for warehouse storage and shipments from the warehouse.

All material shall be marked in accordance with MIL-STD-129R and barcoded unless otherwise authorized by the Contracting Officer. All material will have the Purchase Order Number, National Stock Number (if applicable), Vendor name and Part Number clearly marked on the exterior of all material shipped.

All Deliveries are to be made Monday through Friday between the hours of 7:00AM to 1:00PM.

Invoicing In IPP

It is now a requirement that all invoicing for Purchase Orders will now be entered and processed through https://www.ipp.gov.

If you do not have an IPP account to invoice please inform the buyer and Contracting Officer that supplied you the order. When you inform them that you do not have an account please include the following:

• Entity Name
• Unique Entity ID (New 12 Character Alpha-Numeric ID that replaced duns in SAM’s)
• The POC for invoicing including email and phone number

Once you have an account set up you will have to submit a Non-PO invoice to the Payer SFLC-Yard in IPP. This is because our system is unable to upload the PO into the system like the rest of the Coast Guard.

To submit a Non-PO invoice please use the below directions:

Submitting an Invoice:

1.            Once logged in IPP Collectors will see a tab at the top that states Invoices, select that

2.            In Invoices Collectors will see 3 buttons, click the Create Invoice button

3.            Under Type Collectors need to select Blank Form

4.            Under Payer Name all Collectors should see Coast Guard SFLC-Yard, select that

5.            Agency and Bill To Address will Auto Fill

6.            Select the Template Non-PO Based Invoices

7.            Click OK

8.            On the Next Page Collectors need to complete the following information from the PO

• Invoice Number
• Payment Terms (Net 30)
• PO Number and Contract Number will both use the PO number for the order (This is for SAP orders only).
• Buyer Contact Info
• FOB Terms (Destination unless otherwise stated)
• For the Part number enter the line item it is from the Purchase Order
• For the Description enter the NSN from the PO (XXXX-XX-XXX-XXXX) or 1st line of the description from the line item if it’s a service
• Enter the Unit Price, quantity and Unit of Measurement (For example EA or PG).
• If it is a service provided please ensure the Period of Performance is entered and valid.
• Then click the box of the left for each line you entered.

9.          Click Save as Draft in the Top Right (If you are not done entering info)

10.          Click Submit in the Top Right

*Note: Per Fincen you do not have to attach your invoice to IPP.

If you encounter any errors or questions when submitting invoices in IPP for this order please contact the Contracting Officer.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.  Upon request, the Contracting Officer will make their full text available.  Also, the full text of a clause may be accessed electronically at https://www.acquisition.gov/browse/index/far.  I do go through the ARM to the link to the FAR, etc., to ensure I am accessing the latest version of the regulations.

Number                                                               Title                                                                                         Date

52.212-1                             INSTRUCTIONS TO OFFERORS-COMMERICAL ITEMS        SEP 2021

52.212-2                             EVALUATION – COMMERCIAL ITEMS                                          OCT 2014

52.212-3                             OFFEROR REPRESENTATIONS AND

CERTIFICATIONS – COMMERCIAL ITEMS                                  FEB 2021

52.212-4                             CONTRACT TERMS AND CONDITIONS                                        OCT 2018

COMMERCIAL ITEMS

52.247-34                           F.O.B. DESTINATION                                                                                NOV 1991

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.   (SEP 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (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 (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

  X  (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

(11)

__ (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

(12)

     (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Sep 2021) of 52.219-4.

__ (13) [Reserved]

(14))

 X  52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)

__ (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

__ (ii) Alternate I (Jan 2017) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

X_ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

  X  (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

 X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

  X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

 X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(28)

 X(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

(29)

_X_ (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

(30)

 _X (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (Jun 2020) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(33)

 X  (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)

___ (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

(38)

__ (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

(39)

__ (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41)

__ (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

 X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

(45)

__ (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

(47)

__ (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021) (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 (Jan 2021) of 52.225-3.

   (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

  X (49) 52.225-13, Restrictions on Certain Foreign Purchases (Oct 2016) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

 X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(60)

__ (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

    (1) 52.222-17, Non-displacement of Qualified Workers (May 2014)(E.O. 13495).

    (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

   (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

    (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

     (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

     (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

     (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart  4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, 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)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”..

Alternate II (Jan 2019). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than-

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(D) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(E) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(F) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(G) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(H) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29 U.S.C. 793).

(I) 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.

(J) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67).

(K) ___(1)  52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

___(2) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(L) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(M) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(N) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

(O) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(P) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(Q)(1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(2) Alternate I (Jan 2017) of 52.224-3.

(R) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(S) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(T) 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 .

___52.246-2 - Inspection of Supplies -- Fixed-Price (Aug. 1996)

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)

(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or

(2) terminate the contract for default.

Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)

(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time --

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor

(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and 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, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of Clause)

Alternate I (Jul 1985). If a fixed-price incentive contract is contemplated, substitute paragraphs (g), (h), and (l) below for paragraphs (g), (h), and (l) of the basic clause.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and when required shall disclose the corrective action taken. Cost of removal, replacement, or correction shall be considered a cost incurred, or to be incurred, in the total final negotiated cost fixed under the incentive price revision clause. However, replacements or corrections by the Contractor after the establishment of the total final price shall be at no increase in the total final price.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and equitably reduce the target price or, if established, the total final price or

(2) may terminate the contract for default.

Unless the Contractor corrects or replaces the nonconforming supplies within the delivery schedule, the Contracting Officer may require their delivery and equitably reduce any target price or, if it is established, the total final contract price. Failure to agree upon an equitable price reduction shall be a dispute.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1)at no increase in any target price or, if it is established, the total final price of this contract, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in any target price, or, if it is established, the total final price of this contract, if the Contractor fails to meet such delivery schedule; or (2)within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the total final price as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and 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, the Government shall have the right by contract or otherwise to replace or correct such supplies and equitably reduce any target price or, if it is established, the total final price of this contract.

Alternate II (July1985). If a fixed-ceiling-price contract with retroactive price redetermination is contemplated, substitute paragraphs(g), (h), and (l) below for paragraphs(g), (h), and (l) of the basic clause:

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and when required shall disclose the corrective action taken. Cost of removal, replacement, or correction shall be considered a cost incurred, or to be incurred, when redetermining the prices under the price redetermination clause. However, replacements or corrections by the Contractor after the establishment of the redetermined prices shall be at no increase in the redetermined price.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1)by contract or otherwise, remove, replace, or correct the supplies and equitably reduce the initial contract prices or, if established, the redetermined contract prices or (2)terminate the contract for default. Unless the Contractor corrects or replaces the nonconforming supplies within the delivery schedule, the Contracting Officer may require their delivery and equitably reduce the initial contract price or, if it is established, the redetermined contract prices. Failure to agree upon an equitable price reduction shall be a dispute.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1)at no increase in the initial contract prices, or, if it is established, the redetermined prices of this contract, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in the initial contract prices, or, if it is established, the redetermined prices of this contract, if the Contractor fails to meet such delivery schedule; or (2)within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the initial contract prices, or, if it is established, the redetermined prices of this contract, as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l) (2) of this clause and 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, the Government shall have the right by contract or otherwise to replace or correct such supplies and equitably reduce the initial contract prices, or, if it is established, the redetermined prices of this contract.

* * * * *

_X__52.204-7 -- System for Award Management   (Oct 2018)

(a)  Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart  32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that–

(1)  The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial 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 SAM

(2)  The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(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”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) 

 (1)  An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of 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 “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c)  If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1)  Company legal business name.

(2)  Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3)  Company physical street address, city, state, and Zip Code.t

(4)  Company mailing address, city, state and Zip Code (if separate from physical).

(5)  Company telephone number.

(6)  Date the company was started.

(7)  Number of employees at your location.

(8)  Chief executive officer/key manager.

(9)  Line of business (industry).

(10)  Company headquarters name and address (reporting relationship within your entity).

(d)  Processing t ime should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

(End of provision)