Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF JULY 01, 2020 SAM #6789
SOLICITATION NOTICE

89 -- MILK DELIVERY

Notice Date

6/29/2020 2:37:13 PM
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

311511 — Fluid Milk Manufacturing
 

Contracting Office

CENTRAL OFFICE RESTON VA 20191 USA
 

ZIP Code

20191
 

Solicitation Number

140A2320Q0136
 

Response Due

4/28/2020 12:00:00 AM
 

Archive Date

05/13/2020
 

Point of Contact

Johnson, Mary Jane
 

E-Mail Address

maryjane.johnson@bia.gov
(maryjane.johnson@bia.gov)
 

Small Business Set-Aside

ISBEE Indian Small Business Economic Enterprise (ISBEE) Set-Aside (specific to Department of Interior)
 

Awardee

null
 

Description

THIS ACQUISITION IS FOR 100% NATIVE OWNED SMALL BUSINESS SET ASIDE UNDER THE BUY INDIAN ACT (25 U.S.C.) 1452.280-4 Indian economic enterprise representation. As prescribed in 1480.801(a), insert the following provision in each written solicitation for supplies, services, or covered construction: Indian Economic Enterprise Representation (JUL 2013) The offeror represents as part of its offer that it [ ] does [ ] does not meet the definition of Indian economic enterprise as defined in 1480.201. The Bureau of Indian Affairs (BIA) is soliciting offers to procure Dairy Products for BIE, Tuba City Boarding School, P. O. Box 187, 306 Main Street, Tuba City, Arizona 86053. This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. Solicitation No. herein cited will be procured under FAR Part 12, Acquisition of Commercial Items. Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-101. This acquisition is set aside 100% Indian Small Business Economic Enterprise (ISBEE). In order to participate in this solicitation, vendors MUST qualify under the following NAICS Code is 311511-Fluid Milk Manufacturing. IMPORTANT: All interested vendors shall have familiarity of the school locations to allow the vendors to function independently without the assistance of an initial escort and the ability to work with local school administrator successfully. Vendor must also have regular office hours compatible with the School�s hours of operation. Offer prompt, courteous and responsive delivery service. SECTION B: B.1 OVERVIEW: B.1.1 The Bureau of Indian Education is seeking a Dairy Distribution Company �Contractor� to furnish dairy items to one (1) school site on the Navajo Reservation. The successful offeror shall deliver in accordance to the above statement of work and terms and conditions of this contract. B.1.2 The purpose of this solicitation is to award a contract to provide Dairy products to Tuba City Boarding School in Tuba City, Arizona. B.1.3 The Government contemplates award based on fixed unit price in accordance with Federal Procurement requirements. The Government will not pay any fees, costs, or charges not clearly identified in the contractor�s proposal and/or any subsequent executed contract between the Contractor and the BIE � Tuba City Boarding School. B.1.4 The Government agrees to provide the Contractor with a pricing sheet including the estimated quantities for Option Year 1 and 2. B.1.5 The Contractor must identify any items on the price schedule that is not incompliance with the Buy America clause (non-domestic product(s)). B.1.6 The award will be made according to the criteria set forth in this solicitation. The Government contemplates awards of the Firm Fixed Contract. BIE Tuba City Boarding School will purchase its requirements of the articles or services described herein and as stated in the contract awarded to the selected Contractor. In the event of any assignment, the contractor shall remain liable to BIE Tuba City Boarding School for the performance of all its obligations under the contract. B.1.7 Contract prices awarded as a result of this price request shall remain firm for the contract period. However, for option years prices for milk and dairy products can escalate or de-escalate. The contractor must notify the government 30 before contract end date of the current year of any changes (up or down) in price. Any changes in prices must be documented by the Milk Market Enforcement announcement and be accompanied by conversion calculations showing manner of arriving at the amount of change. In the event of a price change effective for the Option Years of the contract, the successful vendor shall reflect any decrease or increase before the option year is extended. B.1.8 The quantities indicated on the product list are based on previous year�s purchases and are accurate to the best of the schools ability. However, Offerors must understand the fact that a quantity is stated on an item does not constitute a guarantee to purchase any amount in excess of requirements. B.1.7 The Contractor agrees to meet all obligations under the awarded contract. B.2 FOOD SPECIFICATIONS B.2.1 Dairy � No whole or 2% milk will be served at any time � A variety of milk fats (skim and 1%, flavored and unflavored) � Any flavored milk must be skim � Vendors should have the ability to offer lactose-free and/or soy milk based on student needs. � Vitamin A and D levels as specified by FDA. B.3 REQUIREMENTS BY YEAR B.3.1 Base Year Requirements: July 1, 2020 to June 30, 2021 B.3.1.1 Item pricing is listed as Section B. B.3.1.2 Prices stipulated in Proposal from the Awarded Offeror shall remain in effect for the term of the Contract. B.3.1.3 Contract Renewal Option � the government reserves the right to extend the terms and conditions of the Base Year Contract for two (2) additional one (1) year periods. B.3.2 Option Year One Requirements: July 01, 2021 to June 30, 2022. 1. Contractor seeking approval from the CO to exercise Option Year One must provide an updated Pricing Sheet for Option Year One no later than 60 days prior to the option exercise. Any price changes to items must comply with specifications as set forth in Section B. 2. Any price increases or decreases will be agreed to in writing by all Parties and new Pricing Sheets for Option Year One and will be signed by the parties and entered into agreement documents no later than 30 days prior to the option exercise. Option Year Two Requirements: July 01, 2022 to June 30, 2023. 1. Contractor seeking approval from the CO to exercise Option Year Two must provide an updated Pricing Sheet for Option Year Two no later than 60 days prior to the option exercise. Any price changes to items must comply with specifications as set forth Section B. 2. Any price increases or decreases will be agreed to in writing by all Parties and new Pricing Sheets for Option Year Two will be signed by the parties and entered into agreement documents no later than 30 days prior to the option exercise. B.4 REQUIREMENTS REGARDING PRICING, BIDDING, AND ORDERING A. Offerors are asked to submit prices on all items as outlined in Section B.5 to be delivered to all the schools on the designated days and times. The Government will indicate the estimated number of cases or units to be used during the contract period. B. Offeror(s) shall calculate total price by aggregating all individual product costs = Total Contract Price. 1. Basis and Award of Award Offerors shall submit their bids on an �all or none� basis. Except as otherwise provided in this solicitation, if a contract is awarded as a result of this solicitation. Such contract shall bind the contractor to perform all such work ordered by the school at prices specified in the contract. Award will be made to a responsive, responsible offeror(s) based on the lowest aggregated cost. Evaluation of prices will be based on the estimated requirements set forth herein. 2. Requirement Contract The Government will purchase its requirements of the articles or services included herein from the Contractor. The estimated quantities stated herein reflect the best estimates available. The estimate shall not be construed as a representation that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable. The estimated quantities shall not be construed to limit the quantities which may be ordered from the Contractor by the School or to relieve the Contractor of its obligation to fill all such orders. a) Delivery or performance shall be made only as authorized in accordance with terms and conditions of the contract. The School may issue orders requiring delivery. If the School urgently requires delivery before the earliest date that delivery may be specified under this contract, and if the Contractor shall not accept an order providing for the accelerated delivery, the School may acquire the urgently required goods or services from another source. b) There is no limit on the number of orders that may be issued. The School may issue orders requiring delivery to multiple destinations or performance at multiple locations. c) The Government shall not be required to purchase from the contractor requirements in excess of the limit on total orders under his contract, if any. d) The Government may, with reasonable notice but with no less than thirty (30) day written notice to Contractor, add Schools not included in the agreement at the time of award and those School shall be fully incorporated into this agreement for the remaining term and any Option Years remaining. e) The Government shall not be obligated to place any minimum dollar amount of orders under this contract or any minimum number of orders. The utilization of the contractor for services specified in the Schedule will be dependent upon the needs and requirements of the BIE School. f) The Offeror must conduct all program operations in accordance with Federal regulations, United States Department of Agriculture 7 CFR Parts 210, 215, 220, 225, 226, 240, 245, 250, 3016.36, 3017, 3018, 3019.40, 2 CFR Part 200, 2 CFR Part 180 and all state and local regulations, policies. g) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and School's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided that the Contractor shall not be required to make any deliveries under this contract after July 19, 2023. B.5 PRICE SCHEDULE � REQUIREMENT CONTRACT B.8.1 The Contractor shall provide fixed unit pricing for the following dairy products: ***WEEKLY ORDERING WILL BE BASED ON THE STUDENT�S ENROLLMENT B.5.1 BASE YEAR: from July 1, 2020 to June 30, 2021 Milk & Dairy Products 1. � Pint Carton 1% White Milk $________ Estimated Quantity: 215,000 = $____________ 2. � Pint Carton 1% Chocolate Milk $____________ Estimated Quantity: 140,000 = $___________ 3. � Pint Carton Fat Free Skim Milk $______________ Estimated Quantity: 27,000 = $__________ Total Cost $____________ B.5.2 OPTION YEAR 1: from July 1, 2021 to June 30, 2022 Milk & Dairy Products 1. � Pint Carton 1% White Milk $________ Estimated Quantity: 215,000 = $____________ 2. � Pint Carton 1% Chocolate Milk $____________ Estimated Quantity: 140,000 = $___________ 3. � Pint Carton Fat Free Skim Milk $______________ Estimated Quantity: 27,000 = $__________ Total Cost $____________ B.5.3 OPTION YEAR 2: from July 1, 2022 to June 30, 2023 Milk & Dairy Products 1. � Pint Carton 1% White Milk $________ Estimated Quantity: 215,000 = $____________ 2. � Pint Carton 1% Chocolate Milk $____________ Estimated Quantity: 140,000 = $___________ 3. � Pint Carton Fat Free Skim Milk $______________ Estimated Quantity: 27,000 = $__________ Total Cost $____________ B.5.4 PRICE FOR CONTRACT FROM JULY 1, 2020 TO JUNE 30, 2023 Total Base Year $ _____________ Total Option Year One $ ________________ Total Option Year Two $ ________________ B.5.5 Award will be made to the lowest priced offeror, whose quote conforming to the requirements herein, will be most advantageous to the Government, and is fair and reasonable. This requirement is a Firm Fixed Price Contract. � SECTION C: SPECIFICATIONS/WORK STATEMENT C.1 SCOPE C.1.1 The contractor shall provide services consisting of furnishing all labor, materials, equipment, supervision, transportation and incidentals necessary to deliver Dairy Products weekly starting July 1, 2020 to BIE, Tuba City Boarding School, P. O. Box 187, 306 Main Street, Tuba City, Arizona 86053. All Orders shall be made by authorized Government personnel only. Delivery shall be made between Mondays through Fridays, in accordance with the school�s operation hours. The Government must approve all product substitutions prior to delivery. The Contractor must identify any items that is not incompliance with the �Buy America Provision� clause (non-domestic product (s)). The Government must approve all non-domestic product (s) prior to delivery. The Government reserves the right to add additional points of delivery. C.1.2 The Contractor to furnish milk and associated products to be served to children attending Tuba City Boarding School in accordance to the terms and conditions applicable to the proposed procurement. C.1.3 Contractor agrees to deliver products to location(s) set out in Section B and made a part hereof, subject to the terms and conditions of this solicitation. C.1.4 All products furnished must meet or exceed U.S. Department of Agriculture requirements set out in attachments, attached hereto and made a part hereof. http://www.fns.usda.gov/cnd. C.1.5 Contractor shall provide a consistence order procedures for the school to follow. C.1.6 Contractor shall furnish products as ordered by the school during the period of July 1, 2020 to June 30, 2023. C.1.7 Contractor agrees to track and report to the appropriate authorities all available USDA Commodities associated with items delivered to the school. Contractor further agrees to provide the government with detailed reports of all products purchased on a monthly basis with an accounting for Net Off Invoice (NOI) for any commodities items verifying that all items have been correctly credited and reported. Only allowable costs will be paid from the nonprofit school food service account. Such costs must be net of all discounts, rebates and other applicable credits accruing to or received by the contractor or any assignee under the contract to the extent those credits are allocable to the allowable portion of the costs billed to the school food authority. The Contractor is required to provide sufficient information to permit the government to identify allowable and unallowable costs and the amount of all such discounts, rebates and applicable credits on invoices and bills presented for payment to the government. C.1.8 Contractor agrees to make available to the government a knowledgeable representative who is well versed in all aspects of the associated Federal and State regulations and in the process of accounting for and reporting commodities usage on a timely and accurate basis. C.1.9 The Contractor must keep the government informed of new products, new brands or labels, or promotions that would be advantageous to the operations of the School�s program, inclusive of point of sale materials. C.2 ORDERING INFORMATION C.2.1 Credit - A credit or replacement will be issued for damaged or unacceptable food. All such transactions are to be worked out with each designee. Replacement of damaged or unacceptable food will be made no later than the next delivery date. C.2.2 Inspection - Upon delivery of product, the items will be inspected by the School, and if found to be defective or failing in any way to meet specifications as indicated, the items may be rejected or returned. Problems found with products due to concealed damage will be addressed on a case by case basis. Rejected product must be picked up no later than the next delivery date. C.2.3 Emergency orders - In an emergency situation in which the Bureau of Indian Education School requires delivery in less than two (2) days and the Contractor cannot provide the supplies within the emergency delivery period, the Bureau of Indian Education School has the option to purchase those supplies from another source with no penalty to either party. C.2.4 Estimated Quantities - The quantity is identified as �estimated� and it shall be understood and agreed that quantities listed are estimates only and may be increased or decreased. Therefore, if the amount ordered is less than that shown, that fact shall not constitute the basis for a price adjustment nor will the Bureau of Indian Education School be responsible for ordering/paying for the resulting difference. � SECTION D: DELIVERY REQUIREMENT D.1 DELIVERY REQUIREMENTS a) The Contractor shall deliver only items and quantities ordered by the School and as specified under Section B of the contract. b) Products shall be delivered on scheduled delivery dates to the delivery sites (see Schedule B), unloaded, and placed in the designated areas at each school site by the contractor�s personnel at each of the locations and times listed in Schedule A. c) The Contractor shall place all deliveries in a location assigned by person (s) designated by the Ordering Agency. Deliveries will be accepted at the loading doc of the caferteria. Refrigerated items must be placed in the refrigerator or freezer, and not left on the floor of the kitchen area or outside of the designated area. d) The contractor shall be responsible for delivery of all products at the specified delivery windows. Adequate refrigeration or heating shall be provided during delivery of all food to insure the wholesomeness of food at delivery in accordance with State or local health codes. e) The Contracting Officer reserves the right to add or delete schools. This shall be done by amendment of Schedule A. Deletion or addition of schools shall be made not less than one week prior to the required state of service. Any change in transportation cost that occurs as a result of adding or deleting schools shall be negotiated and noted in the modification. The contractor�s invoice shall show the cost as a separate item for that school. f) Any deviations from the delivery requirements including package size and content by the Contractor may be allowed only upon written request from the Contractor and approved by the Contracting Officer. g) The Contractor shall deliver all refrigerated food at an internal temperature of 41� Fahrenheit or below with a minimum remaining shelf life or best used by life of ten (10) days. h) If a scheduled delivery cannot be executed for any reason, the Contractor shall immediately notify the school�s designated representative. The Contractor shall provide CO and the School with the reason for non-delivery. If the reason is accepted, School designee shall give the Contractor an alternate delivery date to satisfy the needs at the site(s) missed in the delivery process. The Contractor shall be required to deliver only quantities for which an order was made by the school prior to delivery. i) Fluid milk delivered shall have expiration date on each carton container. The expiration date shall exceed at least ten (10) days beyond the day of delivery, with the exception of milk alternatives such as soy milk, which must have an expiration or best used by date with no less than 60 days remaining beyond the date of delivery. j) The Contractor shall not make deliveries to the school on Saturday, Sunday, or on school and legal holidays unless specified otherwise. k) Once a public radio/TV announcement of system-wide closing of schools due to inclement weather is made, all orders scheduled for delivery to the school for that day (s) shall be automatically cancelled and shall not assume responsibility for attempted deliveries. In such circumstances school shall have the right to adjust delivery plans at its discretion. l) When schools are closed for snow or other emergencies requiring short notice, the Contractor shall call the School�s designated representative for disposition of orders. D.2 SUPERVISION AND INSPECTION D.2.1 The contractor shall provide management supervision at all times and maintain constant quality control inspections to check for appearance and packaging in addition to the quality of products. D.3 RECORD-KEEPING a) Delivery tickets must be prepared by the contractor and must be itemized to show the number of products of each type delivered to each school. Designees at the school will check adequacy and accuracy of delivery before signing the delivery ticket. Invoices shall be invoiced on the website www.ipp.gov. b) The delivery ticket shall contain information in accordance with applicable Federal, state and local regulations and shall include but is not limited to the following: 1. Ticket number; 2. Date of Delivery; 3. Delivery Address; 4. Purchase Order Number; 5. Item Type; 6. Item Number; 7. Quantity of Items Delivered; 8. Unit Price; 9. Extended Amount; 10. Carrier Operator�s Name; 11. Signature of School Cafeteria Staff (SCS) designee, receiving the item; and 12. Acknowledgement of receiving the items by the SCS designee. c) The contractor shall maintain records supported by delivery tickets and purchase orders for this contract or other evidence for inspection and reference to support payments and claims. d) The books and records of the contractor pertaining to this contract shall be available, for a period of three years from the date of submission of the final claim for reimbursement, or until the final resolution of any audits for inspection and audit by representatives of the Agency, at any reasonable time and place. D.4 CONTRACT TERMS: One- Base Year and Two Year Option will be in accordance with FAR FAR 52.217-8 � Option to Extend Services and FAR 52.217-9 Option to Extend the Term of the Contract. Option Years: The term of the contract may be extended by the Government for a period of two (2) years subject to the availability of funds and satisfactory performance. D.4.1. Period of Performance a) Base Year: July 1, 2020 to June 30, 2021 b) Option Year One (1): July, 1 2021 to June 30, 2022 b) Option Year Two (2): July, 1 2022 to June 30, 2023 D.5 PERFORMANCE EVALUATION: Performance evaluation will be performed at the end of each school year. The evaluation will be completed at the school by the government representative. This form is the only performance evaluation that will be accepted by the Contracting Officer. The evaluator's signature shall be legible and printed on the form. If the government representative will complete a performance evaluation prior to last day of work, for work the performed under this contract. The government representative will review the performance evaluation with the Contractor, record Contractor comments, and obtain Contractor signature acknowledge in completion of the evaluation. The government evaluator will then give a copy of the evaluation form(s) to the Contractor at the school and submit a copy to the Contracting Officer. SECTION H: SPECIAL CONTRACT REQUIREMENTS H.1 HIRING OF NATIVE RESIDENTS AS APPRENTICES AND TRAINEES � NOT APPLICABLE H.1.1 For all new employment resulting from this contract or subcontracts hereto, the Contractor shall use its best efforts to comply with the following basic goal and objectives for complying with the Buy Indian Act in each project�s labor force: H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall be Native individual in accordance with the Buy Indian Act. H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of Employment Equal Opportunity with the Navajo Nation for jobs created as a result of this contract. The Government shall be the Contractor�s first source of referral for qualified apprentices and trainees in the implementation of employment goals contained in this clause. H.3 SUBCONTRACTING ASSIGNMENT H.3.1 The contractor shall not sub-contract with another company for to fulfill its obligations under this contract; and shall not assign, without the advance written consent of the CO, his/her contract or any interest therein. H.3.2 In the event of any assignment, the contractor shall remain liable to the school as principal for the performance of all his/her obligations under this contract. H.4 GOVERNMENT RESPONSIBILITIES H.4.1 The Government shall be responsible for placing and confirming orders for delivery. H.4.2 The Government will ensure that products are received in a safe manner, and conform to specifications as provided in this Contract. H.4.3 The Government will supply an appropriate amount and types of storage space for the safe holding of products until they are distributed. H.4.4 The Government shall provide authorization for the receipt of the type and quantity of products at the time of delivery. H.5 CONTRACTOR RESPONSIBILITIES H.11.1 Contractor shall deliver products that conform to all specifications as provided in this Contract. H.11.2 Contractor shall notify BIE Tuba City Boarding School of any product recalls immediately upon discovery. H.11.3 Contractor shall deliver products to only authorized BIE TCBS Cafeteria personnel. H.11.4 Contractor shall place items in the appropriate storage place as directed by BIE TCBS Cafeteria personnel and rotate products to ensure a �first-in-first-out� method is effectively utilized. H.11.5 Contractor shall provide ongoing feedback which analyzes the volume of products being purchased during a requested date range. H.11.6 Contractor shall participate in and support any of the government engagement or satisfaction initiatives in accordance with the mission of BIE TCBS and its intention to best serve BIE TCBS students and the community. SECTION M EVALUATION CRITERIA: Lowest Price, Technically Acceptable (LPTA) in accordance with FAR 15.101-2, award will be made to the offeror whose price is lowest among all proposals that were deemed to be technically acceptable. FACTOR 1 - PROJECT APPROACH: Provide a description of how your firm proposes to accomplish the services solicited, including any creative or cost effective approaches to product delivery. Subfactor 1 - Business Processes: 1. What circumstances would warrant a refund or credit? 2. Explain how refunds and credits appear in your billing system. 3. Are there any conditions when you would not honor a return or replacement request? Explain your answer. 4. List contact personnel names and phone number of all key personnel as well as the primary responsibility of each contact. 5. Provide details on the type(s) of order procedures you utilize as a business. Subfactor 2 - Order Processes: 1. What is your firm�s current order taking capabilities? 2. Please submit your firm�s Ordering Procedures Plan, which should include the following but not limited to: ordering procedures, delivery procedures, tracking procedures, etc. Subfactor 3 - Delivery: 1. Does your firm have the ability to respond to the School�s need for immediate delivery when needed on occasion? Provide details how this will be done. 2. Explain in detail your firm�s process and associated lead times for the incremental continued just-in time deliveries throughout the school year of the End Product. FACTOR 2, TECHNICAL CAPABILITIES: Food/beverage vendors shall be expected to comply with all Federal, State, and local mandates regarding food safety and are expected to have adequate controls in place to ensure the safety of the food/beverages provided. Please provide information about your company�s food safety policies and procedures. (If you would like to attach any supporting documentation, please do so.). FACTOR 3, PAST PERFORMANCE: Provide a list of three (3) references (beginning with the most recent) that have similar delivery service contracts, regarding the vendor and or vendor�s performance of delivery service and products requested, for the past three years. Please include the following valid information for each referenced project: Company Name: Contact Name (Food Service Director): Start / End Date: Address: City: State: Zip: Telephone Number: E-mail Address: EVALUATION STANDARDS: LPTA Factors will be evaluated whether it is acceptable or unacceptable as defined below. Each proposal will be evaluated against the SOW and the stated evaluation criteria. Each proposal is evaluated using the same standards. Make a determination as to acceptability and unacceptability on each category for each proposal received. Even if one of the source selection committee views the offeror�s approach on one evaluation factor as unacceptable, the OVERALL determination for that factor may still be acceptable. However, if an evaluation factor received an unacceptable in the overall rating, the entire proposal then becomes unacceptable. Acceptable: All of the minimum acceptable criteria are clearly met by the proposal. The Offeror�s proposal meets the performance and technical capability requirements defined in the SOW. NOTE: Once the proposals have been determined to technical acceptable, award will be based on cost only. Unacceptable: Not all of the minimum acceptable criteria are met by the proposal. An unacceptable proposal contains one or more deficiencies. Proposal fails to meet specified minimum performance and technical capability requirements defined in the SOW. CONTRACT CLAUSES: The following FAR clauses apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Items; FAR 52.212-3, Offeror Representations and Certifications Commercial Items; FAR 52.212-4, Contract Terms and Conditions Commercial Items; and FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items. In paragraph (a) of FAR 52.212-5 the following applies: FAR 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553); FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L.108-77, 108-78). In paragraph (b) of FAR 52.212-5(b), the Contractor shall comply with the following FAR clauses that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive order applicable to acquisitions of commercial items: FAR 52.225-1 Buy American Act-Supplies (May 2014) (41 U.S.C. 10a-10d); FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013)(31 U.S.C. 3332);and FAR 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332); 52.222-3, Convict Labor (June 2003); 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016); 52.222-21 Prohibition of Segregated Facilities (Apr 2015); 52.222-26, Equal Opportunity (Sept 2016); 52.229-3, Federal, State, and Local Taxes (Feb 2013). FAR and DIAR clauses are herein incorporated as follows: 52.216-2 Economic Price Adjustment-Standard Supplies; FAR 52.222-50 Combating Trafficking in Persons (Mar 2015); FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011); FAR 52.217-2; FAR 52.217-3; FAR 52.217-4; FAR 52.217-6; FAR 52.217-7; FAR 52.217-8; FAR 52.219-9; ; FAR 52.232-18, Availability of Funds (April 1984). Providing Accelerated Payments to Small Business Subcontractors and DIAR clauses are herein incorporated as follows:. DIAR 1452.280-1 Notice of Indian small business economic enterprise set-aside ;DIAR 1450-16-1Homeland Security Presidential Directive, DIAR, 1452.280-2; DIAR, 1452.280-3 Subcontracting limitations; DIAR, 1452.280-4 Indian economic enterprise representation; DIAR, 1480.102 Buy Indian Act acquisition regulations; DIAR, 1480.503 Commercial item or simplified acquisitions; DIAR 1480.601 Subcontracting limitations; DIAR, 1452.226-70, Indian Preference; DIAR, 1452.226-71, Indian Preference Program. Department of the Interior Acquisition Regulation (DIAR) is available at www.doi.gov/pam/aindex.html. The following DIAR applies to this solicitation:
 

Web Link

SAM.gov Permalink
(https://beta.sam.gov/opp/179a6c43d5714e668112a69956e93c6e/view)
 

Record

SN05706859-F 20200701/200629230158 (samdaily.us)
 

Source

SAM.gov Link to This Notice
(may not be valid after Archive Date)

---

| FSG Index  |  This Issue's Index  |  Today's SAM Daily Index Page |