PROXTRONICS DOSIMETRY, LLC v. USA, No. 1:2015cv01589 - Document 32 (Fed. Cl. 2016)
Court Description: REPORTED OPINION denying 20 Motion for Discovery and granting 21 Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (Attachments: # 1 Attachment 1, # 2 Attachment 2) (kb1)
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Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... PROXTRONICS DOSIMETRY, LLC v. USA 1 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... Doc. 32 Att. 2 Panasonic TLD Badges or Equal Solicitation Number: FA8601-15-R-0124 Agency: Department of the Air Force Office: Air Force Materiel Command Location: AFLCMC/PZIO - WPAFB Notice Type: Award Original Posted Date: September 2, 2015 Posted Date: September 17, 2015 Response Date: - Eastern Original Response Date: Sep 10, 2015 12:00 pm Eastern Archiving Policy: Automatic, 15 days after award date Archive Date: October 1, 2015 Original Set Aside: N/A Set Aside: N/A Classification Code: 66 -- Instruments & laboratory equipment NAICS Code: 334 -- Computer and Electronic Product Manufacturing/334519 -- Other Measuring and Controlling Device Manufacturing Contract Award Date: September 16, 2015 Contract Award Number: FA8601-15-C-0104 Contract Award Dollar Amount: $190,000 Contractor Awarded Name: Radiation Detection Company Contractor Awarded DUNS: 009196478 Contractor Awarded Address: 3527 Snead Georgetown, TX 78626-8214 Georgetown, Texas 78626 United States Synopsis: Added: Sep 02, 2015 8:48 am Modified: Sep 02, 2015 12:06 pm Track Changes The purpose of this amendmeni is to clarify that the Government requires 10,000 new Panasonic UD-802AT TLD Badges. Dockets.Justia.com 9/21/2016 3:10 PM Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... 2 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... COMBINED SYNOPSIS/SOLICITATION This is a combined synopsis/solicitation ("synopsis" hereafter), which is expected to result in the award of a firm-fixed-price contract for commercial item (i.e 10,000 new Panasonic UD-802AT TLD Badges or equal items), as described under the requirements section of this synopsis/solicitation or accompanying requirements attachment. This synopsis/solicitation is prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only synopsis/solicitation; proposals are being requested and a written solicitation will not be issued. An award, if any, will be made to the responsible Offeror who submits a proposal that: 1. Conforms to the requirements of the synopsis/solicitation. 2. That receives a rating of "Acceptable" on the Technical Capability evaluation factor. 3. That submits the proposal with the lowest total evaluated price (TEP), provided that the TEP is not unbalanced and is fair and reasonable. Submittal of quotes in response to this synopsis/solicitation constitutes agreement by the Offeror of all terms & conditions contained herein, which will also be the terms & conditions of any resulting contract. It is the Offerors 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. The Government reserves the right to award without discussions or make no award at all depending upon the quality of proposals received and the price fair and reasonableness of proposals received. The synopsis/solicitation number for this requirement is FA8601-15-R-0124 and is hereby issued as a Request for Quotes (RFQ) using FAR Subpart 13, Simplified Acquisition Procedures. NAICS Code: 334519 Level gauges, radiation-type, manufacturing Business Size Standard: 500 Employees Acceptable means of Submission: All submissions must be submitted electronically to the following email address-deshaun.dilworth@us.af.mil by 10 September 15 at 1200 P.M. EST. Any correspondence sent via e-mail must contain the subject line "FA8601-15-R-0124 " The entire proposal must be contained in a single e-mail, unless otherwise approved and that does not exceed 5 megabytes including attachments. E-mails with compressed files will not be accepted. Note that e-mail filters at Wright-Patterson Air Force Base are designed to filter e-mails without subject lines or with suspicious subject lines or contents (i.e., .exe or .zip files). Therefore, if the specified subject line is not included, the e-mail may not get through the e-mail filters. Also be advised that .zip or .exe files are not allowable attachments and may be deleted by the email filters at Wright-Patterson. If sending attachments with email, ensure only .pdf, .doc, .docx, .xls or .xlsx documents are sent. The email filter may delete any other form of attachments. This synopsis incorporates FAR provisions and clauses in effect through Federal Acquisition Circular (FAC) Fac 2005-83, effective 03 August15; Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN) 20150626, effective 26 June 15; and Air Force Federal Acquisition Regulation Supplement (AFFARS) Air Force Acquisition Circular (AFAC) 2015-0406, effective 6 April 2015. Delivery Schedule: 12 months from award Delivery Destination: 711th HPW/OML 2510 Fifth Street Bldg 840, Area B WPAFB OH 45433-7913 9/21/2016 3:10 PM Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... 3 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... Delivery Type: FOB Destination (As defined in FAR 2.101-Definitions, the seller or consignor is responsible for the cost of shipping and risk of loss.) Inspection and Acceptance: Both inspection and acceptance will be by the Government at Destination. Requirements: 711th HPW/OML requires a 10,000 new Panasonic UD-802AT TLD Badges with the characterisitcs listed below. Please note that the must be new Panasonic UD-802AT TLD badges or TLD badges that are compatible with the Panasonic UD-7900M Automatic TLD reader. 1. Four phosphor element TLD; two elements of Li2B4O7: Cu and two of CaSO4: Tm. 2. The first element is Li2B4O7: Cu and is shielded by 18 mg/cm2 of Mylar®. 3. The second and third elements, Li2B4O7: Cu and CaSO4: Tm, respectively, are shielded by approximately 360 mg/cm2 plastic. 4. The fourth element is CaSO4: Tm and is shielded by approximately 1,040 mg/cm2 of lead and plastic 5. The provided TLDs must have a form-factor that is compatible with, and capable of being read within a Panasonic UD-7900M Automatic TLD reader, existing and currently in use. The Government will award a contract resulting from this synopsis/solicitation to the responsible Offeror whose offer conforming to the synopsis/solicitation will be most advantageous to the Government, price and other factors considered. Technical Capability and Price will be used to evaluate all offers. The quotations may be in any format but MUST include: 1. Proposing company's name, address, DUNS number and Cage Code 2. Point of contact's name, phone, and email 3. Quotation number & date 4. Timeframe that the quote is valid 5. Individual item price 6. Total price including shipping (Net 30), No Progress Payments 7. Shipping (FOB Destination) 8. Delivery Schedule 9. Completed copy of FAR 52.212-3 Alternate I (attached) 10. Completed copy of FAR 52.222-22 and FAR 52.222-25 (attached) 11. Complete DFARS 252.209-7992(attached) Important Notice to Contractors: Quotations MUST also contain a complete description of items offered and any technical manuals or literature to clearly show that the items meet or exceed the requirements listed above. The Contracting Officer will review quotations based on the factors listed in this synopsis/solicitation and the information furnished by the Offeror. Before price is considered, the proposal must meet the technical specifications of this 9/21/2016 3:10 PM Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... 4 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... synopsis/solicitation. Important Notice to Contractors: All prospective awardees are required to register at the System for Award Management (SAM) and to maintain active registration during the life of the contract. SAM can be accessed at https://www.sam.gov. Any award resulting from this synopsis/solicitation will include DFARS Clause 252.232-7003, Electronic Submission of Payment Requests. Section 1008 of the National Defense Authorization Act of Fiscal Year 2001 requires any claims for payment (invoices) under DoD contract to be submitted in electronic form. Wide area Workflow- Receipt and Acceptance (WAWF-RA) is the DoD system of choice for implementing this statutory requirement. Use of the basic system is at no cost to the contractor. Contractors must complete vendor training, which is also available at no cost at http://www.wawftraining.com. Prior to submitting invoices in the production system, contractors must register for an account at http://wawf.eb.mil/. The following provisions are incorporated into this solicitation: FAR 52.212-1, Instructions to Offerors DFAR 252.203-7005, Representation Relating to Compensation of Former DoD Officials DFAR 252.204-7011, Alternative Line Item Structure FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation DFAR 252.225-7000, Buy American-Balance of Payments Program Certificate The following provisions are incorporated into this solicitation by full text: FAR 52.212-3, Representations and Certifications (Attached) FAR 52.222-22, Previous Contracts and Compliance Reports(Attached) FAR 52.222-25, Affirmative Action Compliance(Attached) FAR 52.252-1, Solicitation Provisions Incorporated by Reference 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: http://farsite.hill.af.mil/ (End of Provision) FAR 52.252-5, Authorized Deviations in Provisions (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (End of Provision) 9/21/2016 3:10 PM Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... 5 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... 252.203-7998, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation. (DEVIATION 2015-O0010) Insert the following provision in all solicitations that will use funds made available by the Financial Services and General Government Appropriations Act, 2015 (Division E of the Consolidated and Further Continuing Appropriations Act, 2015,Pub. L. 113-235), or any other Act, including solicitations for the acquisition of commercial items under FAR part 12. PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (DEVIATION 2015-O0010) (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) The following clauses are incorporated into this solicitation by reference: FAR 52.203-3, Gratuities FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content FAR 52.204-7, System for Award Management 9/21/2016 3:10 PM Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... 6 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.204-17 Ownership or Control of Offeror FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.211-6, Brand Name or Equal FAR 52.212-4, Contract Terms and Conditions FAR 52.229-3, Federal, State, and Local Taxes FAR 52.232-39, Unenforceability of Unauthorized Obligations FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-2, Service of Protest FAR 52.242-13, Bankruptcy FAR 52.247-34, F.O.B. Destination DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7999 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements(DEVIATION) DFARS 252.204-7003- Control of Government Personnel Work Product DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information DFARS 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism DFARS 252.209-7992, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law. DFARS 252.211-7003, Item Unique Identification and Valuation DFARS, 252.215-7007, Notice of Intent to Resolicit DFARS, 252.215-7008, Only one Offer DFARS 252.223-7008, Prohibition of Hexavalent Chromium DFARS 252.225-7001, Buy American Act and Balance of Payment Programs DFARS 252.225-7012, Preference for Certain Domestic Commodities DFARS 252.225-7031, Secondary Arab Boycott of Israel 9/21/2016 3:10 PM Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... 7 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... DFARS 252.225-7002, Qualifying Country Sources as Subcontractors DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7006, Wide Area Workflow Payment Instructions DFARS 252.232-7010, Levies on Contract Payments DFARS 252.243-7001, Pricing of Contract Modifications DFARS 252.243-7002, Requests for Equitable Adjustment DFARS 252.244-7000, Subcontracts for Commercial Items DFARS 252.247-7022, Representation of Extent of Transportation by Sea DFARS 252.247-7023, Transportation of Supplies by Sea The following clauses are incorporated into this solicitation by full text: FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (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) (Public Laws 108-77, 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: _x__ (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 (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 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) [Reserved] 9/21/2016 3:10 PM Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... 8 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... ___ (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 (Jul 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 Public Law 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). __x_ (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 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. __x_ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (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. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 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-Subcontracting 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). 9/21/2016 3:10 PM Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... 9 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... ___ (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). ___ (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 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 Veteran (Jul 2014) (38 U.S.C. 4212). _X_ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __X_ (34) 52.222-37, Employment Reports on Veterans (Jul 2014) (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 applicable to the acquisition of commercially available off-the-shelf items.) ___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (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). 9/21/2016 3:10 PM Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... 10 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... ___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (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 (Aug 2011). ___ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (44) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (46) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (47) 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. 2303 Note). ___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (52) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (53) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (56) (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: ___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 9/21/2016 3:10 PM Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... 11 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (4) 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). ___ (5) 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). ___ (6) 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). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (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 (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) 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 (Jul 2014) (38 U.S.C. 4212). 9/21/2016 3:10 PM Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... 12 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-17, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (viii) 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. (ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (x) 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)). (xi) 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.) (xii) 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) (xiii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiv) 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). (xv) 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. (xvi) 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 52.252-2, Clauses Incorporated by Reference 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: http://farsite.hill.af.mil/ (End of Clause) FAR 52.252-6, Authorized Deviations in Clauses (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (End of Clause) The following AFFARS clauses are incorporated into this solicitation by full text: 9/21/2016 3:10 PM Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... 13 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... AFFARS 5352.201-9101- Ombudsman (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, [Insert names, addresses, telephone numbers, facsimile numbers, and e-mail addresses of Center/MAJCOM/DRU/HQ AFICA/AFISRA/SMC ombudsman/ombudsmen]. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/AFISRA/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) AFFARS 5352.223-9000- Elimination of Use of Class I Ozone Depleting Substances (ODS) (a) Contractors shall not: (1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or (2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order. [Note: This prohibition does not apply to manufacturing.] (b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs: (1) Halons: 1011, 1202, 1211, 1301, and 2402; (2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and (3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. [NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.] (End of clause) Attachments: 9/21/2016 3:10 PM Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... 14 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... 1. FAR 52.212-3(b) Alt I 2. FAR 52.222-22 and FAR 52.222-25 3. DFARS 252.209-7992 Please direct all questions toDe'Shaun Dilworth at deshaun.dilworth@us.af.mil or 937-522-4581 Package #1 Posted Date: September 2, 2015 52.212-3_Alternate_I.pdf (15.71 Kb) Description: Clause FAR_52.222-22_&_52.222-25.pdf (31.88 Kb) Description: Clause 252.209-7992.pdf (261.92 Kb) Description: Clause Contracting Office Address: 1940 ALLBROOK DRIVE WRIGHT-PATTERSON AFB, Ohio 45433-5309 United States Place of Performance: 711th HPW/OML 2510 Fifth Street Bldg 840, Area B WPAFB OH 45433-7913 WPAFB, Ohio 45433 United States Primary Point of Contact.: De'Shaun Terrel Dilworth, Contract Specialist deshaun.dilworth@us.af.mil Phone: 9375224581 ALL FILES Package Sep 02, 2015 52.212-3_Alternate_I.pdf FAR_52.222-22_&_52.222-25.pd 252.209-7992.pdf Opportunity History Original Synopsis Combined Synopsis/Solicitation Sep 02, 2015 8:48 am 9/21/2016 3:10 PM Panasonic TLD Badges or Equal - FA8601-15-R-0124 (Archived) - Feder... 15 of 15 https://www.fbo.gov/?s=opportunity&mode=form&id=8ceea29bce4fed0... Changed Sep 02, 2015 12:09 pm Award Sep 17, 2015 8:32 am 9/21/2016 3:10 PM
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