25RJW85_SOL.pdf

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SMALL BUSINESS SET-ASIDE - Ruggedized laptops and all accessories and applicable equipment
Solicitation number
N0016425RJW85
Issued by

About this file

This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) for an Electronic Maintenance Support System (EMSS) Kit issued by NSWC Crane for Marine Corps Systems Command. The solicitation is 100% set aside for small businesses and seeks to procure technical refresh devices to reach an Authorized Acquisition Objective (AAO) of 6,500 systems over a 3-year ordering period.

The contract will include multiple line items for EMSS kit components such as Electronic Maintenance Devices (EMDs), laptop batteries, computer backpacks, power adapters, battery chargers, Ethernet cables, external DVD writers, spare hard drives, spare batteries, and accessories. The total contract value is not to exceed $30,400,900, with a minimum order of $500. Delivery is expected within 90 days of order, and the contract incorporates standard federal acquisition regulations and provisions specific to small business concerns, women-owned small businesses, and service-disabled veteran-owned small businesses.

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WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

Solicitation/Contract Form Continuation

EMSS Kit Components

N0016425RJW85

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

: The Min and MAX of the IDIQ are in dollars. The MAX may be adjusted at award based on total evaluated price. The Quantities listed by NOTE each CLIN are a max QTY estimate as the system requires a QTY to be entered. Refer to Clause 52.216-22 Indefinite Quantity (Oct 1996).

Allowed Per Order Minimum: 500.00 Dollars, U.S.

Maximum: 13,900,000.00 Dollars, U.S.

Contractor Minimum/Maximum to Deliver Minimum: 500.00 Dollars, U.S.

Maximum: 30,400,900.00 Dollars, U.S.

Government Minimum/Maximum to Order Minimum: 500.00 Dollars, U.S.

Maximum: 30,400,900.00 Dollars, U.S.

Item Supplies/Service Estimated Quantity

Unit Unit Price Amount

Electronic Maintenance Device (EMD) - See Attachment 1 for specification details

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Country from which Procured: United States Pricing Arrangement: Firm Fixed Price

6,500 Each

Laptop battery - Expansion See Attachment 1 for specifications

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Country from which Procured: United States Pricing Arrangement: Firm Fixed Price

6,500 Each

Computer Backpack - See Attachment 1 for specifications

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Country from which Procured: United States Pricing Arrangement: Firm Fixed Price

6,500 Each

Power Adapter NATO, Lind 12 to 32VDC - See Attachment 1 for specifications

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Country from which Procured: United States Pricing Arrangement: Firm Fixed Price

6,500 Each

Battery charger - See Attachment 1 for specifications

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Country from which Procured: United States Pricing Arrangement: Firm Fixed Price

6,500 Each

Cat 6 Ethernet Cable with RJ45 Connector - See Attachment 1for specifications

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Country from which Procured: United States Pricing Arrangement: Firm Fixed Price

6,500 Each

External DVD Writer - See Attachment 1 for specifications

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Country from which Procured: United States Pricing Arrangement: Firm Fixed Price

6,500 Each

Spare Hard Drive (matches what comes standard in EMD (CLIN 0001) - See Attachment 1 for specifications

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Country from which Procured: United States Pricing Arrangement: Firm Fixed Price

200 Each

Spare Battery - See Attachment 1 for specifications

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Country from which Procured: United States Pricing Arrangement: Firm Fixed Price

50 Each

Spare A/C Power Adapter - See Attachment 1 for specifications

NOTE: The requirements in DFARS 252.211-7003, Item

0010 Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Country from which Procured: United States Pricing Arrangement: Firm Fixed Price

200 Each

Strap Assembly Elastic Arm Grip - See Attachment 1 for specifications

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Country from which Procured: United States Pricing Arrangement: Firm Fixed Price

6,500 Each

This CLIN is only to populate the contract ceiling amount. No orders will be placed against this CLIN. This IDIQ will not exceed $30,400,900, with an ordering period through three years after contract award.

Continuation of Description

Note: Offerors are encouraged to propose quantity breaks that facilitate optimal pricing. Table will be filled in with proposed quantity breaks and prices at award.

Pricing Matrices

CLIN 0001: Electronic Maintenance Device

Quantity Year 1 Year 2 Year 3

TBD

CLIN 0002: Laptop Battery - Expansion

Quantity Year 1 Year 2 Year 3

TBD

CLIN 0003: Computer Backpack

Quantity Year 1 Year 2 Year 3

TBD

CLIN 0004: Power Adapter NATO, Lind 12 to 32VDC

Quantity Year 1 Year 2 Year 3

TBD

CLIN 0005: Battery Charger

Quantity Year 1 Year 2 Year 3

TBD

CLIN 0006: Cat 6 Ethernet Cable with RJ45 Connector

Quantity Year 1 Year 2 Year 3

TBD

CLIN 0007: External DVD Writer

Quantity Year 1 Year 2 Year 3

TBD

CLIN 0008: Spare Hard Drive - matches what comes std in EMD

Quantity Year 1 Year 2 Year 3

TBD

Clin 0009: Spare Battery

Quantity Year 1 Year 2 Year 3

TBD

CLIN 0010: Spare A/C Power Adapter

Quantity Year 1 Year 2 Year 3

TBD

OPTIONAL CLIN 0011: Strap Assembly Elastic Arm Grip

Quantity Year 1 Year 2 Year 3

TBD

Requirements

STATEMENT OF WORK

for Electronic Maintenance Support System (EMSS)

1. SCOPE

Naval Surface Warfare Center (NSWC) Crane intends to award Electronic Maintenance Support System (EMSS) units per specifications listed in Attachment 1, EMSS Kit Specification in support of Marine Corps Systems Command.

1.1. Background

EMSS is comprised of ruggedized hardware computing components that will be deployed at Marine Corps Company/Detachment and Battalion/Squadron levels. The Electronic Maintenance Devices (EMDs) will host Amphibious Assault Vehicle (AAV), Amphibious Combat Vehicle (ACV), Light Armored Vehicle (LAV), Electro-Optical Equipment, Motor Transport (MT), Engineering, and Utilities Interactive Electronic Technical Manuals (IETMs), Technical Manuals (TMs), Diagnostic Software, and Computer Based Training (CBT) information.

2. APPLICABLE DOCUMENTS

The following documents of the revision or issue in effect at the date of award, form a part of this SOW for reference. In the event of conflict between the documents referenced herein and the contents of this SOW, the contents of this SOW shall prevail. Nothing in this document supersedes applicable Federal, State or Local laws and regulations unless a specific exemption has been obtained. NOTE: The Government will need to provide any non-publicly available documents.

Reference Title

MIL-STD-1472H

This standard establishes general human engineering design criteria for military systems, subsystems, equipment and facilities.

MIL-STD-810H(1) Environmental Engineering Considerations and Laboratory Tests EMSS ATS Acceptance Test Report DO Provides all the information necessary to receive, verify functionality and assembly for the EMSS system.

3. REQUIREMENTS

3.1. Objectives

To procure technical refresh devices for currently fielded EMSS systems and to reach the Authorized Acquisition Objective (AAO) of 6,500 systems. These systems assist JXW in supporting the Marine Corps Program of Record (PoR). The EMSS procurement strategy currently supports the full AAO for a one-for-one replacement of fielded EMSS devices over a 3-year ordering period.

3.2. Shipping/Packaging:

The Contractor shall deliver shipments on weekdays only to ensure personnel are available to accept the equipment at the designated facility. The Contractor shall provide shipping information before items are shipped. Shipping information shall be provided to the Government via email including:

Description, quantity, unit of measure, unit price and extended price of the items delivered;

Shipping number and date of shipment, including the bill of lading number and weight of shipment Each shipment shall include a physical packaging slip that includes the list of equipment (I.E. Item name, serial numbers and/or quantities) per delivery.

The Contractor shall work with the Government to resolve any issues with the delivery order shipment and any warranty claims.

3.3. Counterfeit info

Counterfeit materiel is a serious threat to the safety and operational effectiveness of DoD systems. The Contractor (and subcontractors at all tiers) shall implement a risk mitigation process when obtaining critical or high-risk materiel in accordance with paragraphs (a) and (b) below:

1. If the materiel is currently in production or currently available, the materiel shall be obtained only from authorized sources. Authorized sources are the original manufacturer, a source with the express written authority of the original manufacturer or current design activity, or an authorized aftermarket manufacturer.

(b) If the materiel is not in production or currently available from authorized sources, the materiel shall be obtained from suppliers that meet appropriate counterfeit avoidance criteria. Counterfeit avoidance criteria can be found in the following Industry Standards - SAE AS5553A; SAE AS6462; SAE AS6081; SAE ARP6178;

SAE AS6174A; and SAE AS6301.

Contractors shall notify the contracting officer when critical or high-risk materiel cannot be obtained from an authorized source. The contractor shall take mitigating actions to authenticate the materiel if purchased from another source.

The contractor shall report instances of counterfeit and suspect counterfeit materiel to the Contracting Officer and the Government-Industry Data Exchange Program (GIDEP) as soon as the contractor becomes aware of the issue.

4. ACRONYMS

The following acronyms can be found throughout this SOW.

AAO Authorized Acquisition Objective AAV Amphibious Assault Vehicle ACV Amphibious Combat Vehicle ATS Automatic Test Systems CBT Computer Based Training EMD Electronic Maintenance Device EMSS Electronic Maintenance Support System IETM Interactive Electronic Technical Manual LAV Light Armored Vehicle MT Motor Transport NSWC Naval Surface Warfare center OEM Original Equipment Manufacture PoR Program of Record TM Technical Manual RFP Request for Proposal

Continuation of Packaging and Marking

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Delivery location will be within a 50 mile radius of the address notated below. Please contact Technical Point of Contact upon delivery for inspection/acceptance.

DoDAAC: N00164 CountryCode: USA

NSWC CRANE

300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING

CRANE, IN 47522-5001

UNITED STATES

TBD, Technical Requiring Activity Email: TBD

Inspection and Acceptance Location

Both Destination Instructions: Delivery location will be within a 50 mile radius of the address notated below. Please contact Technical Point of Contact upon delivery for inspection/acceptance.

DoDAAC: N00164 CountryCode: USA

NSWC CRANE

300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING

CRANE, IN 47522-5001

UNITED STATES

TBD, Technical Requiring Activity Email: TBD

Inspection and Acceptance Location

Both Destination Instructions: Delivery location will be within a 50 mile radius of the address notated below. Please contact Technical Point of Contact upon delivery for inspection/acceptance.

DoDAAC: N00164 CountryCode: USA

NSWC CRANE

300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING

CRANE, IN 47522-5001

UNITED STATES

TBD, Technical Requiring Activity Email: TBD

Inspection and Acceptance Location

Both Destination Instructions: Delivery location will be within a 50 mile radius of the address notated below. Please contact Technical Point of Contact upon delivery for inspection/acceptance.

DoDAAC: N00164 CountryCode: USA

NSWC CRANE

300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING

CRANE, IN 47522-5001

UNITED STATES

TBD, Technical Requiring Activity Email: TBD

Inspection and Acceptance Location

Both Destination Instructions: Delivery location will be within a 50 mile radius of the address notated below. Please contact Technical Point of Contact upon delivery for inspection/acceptance.

DoDAAC: N00164 CountryCode: USA

NSWC CRANE

300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING

CRANE, IN 47522-5001

UNITED STATES

TBD, Technical Requiring Activity Email: TBD

Inspection and Acceptance Location

Both Destination Instructions: Delivery location will be within a 50 mile radius of the address notated below. Please contact Technical Point of Contact upon delivery for inspection/acceptance.

DoDAAC: N00164 CountryCode: USA

NSWC CRANE

300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING

CRANE, IN 47522-5001

UNITED STATES

TBD, Technical Requiring Activity Email: TBD

Inspection and Acceptance Location

Both Destination Instructions: Delivery location will be within a 50 mile radius of the address notated below. Please contact Technical Point of Contact upon delivery for inspection/acceptance.

DoDAAC: N00164 CountryCode: USA

NSWC CRANE

300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING

CRANE, IN 47522-5001

UNITED STATES

TBD, Technical Requiring Activity Email: TBD

Inspection and Acceptance Location

Both Destination Instructions: Delivery location will be within a 50 mile radius of the address notated below. Please contact Technical Point of Contact upon delivery for inspection/acceptance.

DoDAAC: N00164 CountryCode: USA

NSWC CRANE

300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING

CRANE, IN 47522-5001

UNITED STATES

TBD, Technical Requiring Activity Email: TBD

Inspection and Acceptance Location

Both Destination Instructions: Delivery location will be within a 50 mile radius of the address notated below. Please contact Technical Point of Contact upon delivery for inspection/acceptance.

DoDAAC: N00164 CountryCode: USA

NSWC CRANE

300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING

CRANE, IN 47522-5001

UNITED STATES

TBD, Technical Requiring Activity Email: TBD

Inspection and Acceptance Location

Both Destination Instructions: Delivery location will be within a 50 mile radius of the address notated below. Please contact Technical Point of Contact upon delivery for inspection/acceptance.

DoDAAC: N00164 CountryCode: USA

NSWC CRANE

300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING

CRANE, IN 47522-5001

UNITED STATES

TBD, Requiring Technical Activity Email: TBD

Inspection and Acceptance Location

Both Destination Instructions: Delivery location will be within a 50 mile radius of the address notated below. Please contact Technical Point of Contact upon delivery for inspection/acceptance.

DoDAAC: N00164 CountryCode: USA

NSWC CRANE

300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING

CRANE, IN 47522-5001

UNITED STATES

TBD, Requiring Technical Activity Email: TBD

Continuation of Deliveries or Performance Deliveries or Performance

Delivery Information

Recommended delivery schedule below for each CLIN but, offerors may propose alternate schedule.

The Government reserves the right to award under either the required delivery schedule listed below or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required below. If the offeror proposes no other delivery schedule, the required delivery schedule below will apply.

CLIN 0001 - 90 days from date of order

CLIN 0002 - 90 days from date of order

CLIN 0003 - 90 days from date of order

CLIN 0004 - 90 days from date of order

CLIN 0005 - 90 days from date of order

CLIN 0006 - 90 days from date of order

CLIN 0007 - 90 days from date of order

CLIN 0008 - 90 days from date of order

CLIN 0009 - 90 days from date of order

CLIN 0010 - 90 days from date of order

Optional ClIN 0011 - 90 days from date of order

Contractor Destination

Line Item Delivery Schedule Estimated Quantity

Address and POC Special Handling/Notes

FoB Details Contractor Destination

Continuation of Accounting and Appropriation Data

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-3 Gratuities. Apr 1984 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

Jan 2025

52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Jan 2025

52.219-27 Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program.

Feb 2024

52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns.

Oct 2022

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.

Oct 2022

52.222-3 Convict Labor. Jun 2003 52.222-19 Child Labor-Cooperation with Authorities and Remedies. Jan 2025 52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. Dec 2010 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.223-20 Aerosols. May 2024 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.246-7008 Sources of Electronic Parts. Jan 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.204-7022 Expediting Contract Closeout. May 2021 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. May 2024

FAR Clauses Incorporated by Full Text

52.219-28 Postaward Small Business Program Rerepresentation. (Jan 2025)

POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)

(a) . As used in this clause-Definitions

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) , as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, Affiliates or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and

(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by of this paragraphs (b) and (c) clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it is, is not a small business concern under NAICS Code assigned to contract number.____ ____

(2) [ .] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause that it is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1001

(3) [ ] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.

that it is, is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity ____ identifier of each party to the joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier ____ of each party to the joint venture: __ .]

(6) [ ] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.

that it is, is not a veteran-owned small business concern.

(7) [ ] The Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.

Contractor represents that it is, is not a service-disabled veteran-owned small business concern.

(8) . The Contractor represents that it Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program is, is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The ____ Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(9) [ ] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.

that-

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)

(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [ The Contractor shall enter ____ the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[ Contractor to sign and date and insert authorized signer's name and title.] ____

(End of clause)

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation. (Jan 2023)

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) . As used in this clause- Definitions

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at . https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at .https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule, insert "See Schedule in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number .____

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number .____

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.

(4) The Contractor shall ensure that- Data syntax and semantics of unique item identifiers.

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH

10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH

10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) . Unique item identifier

(i) The Contractor shall-

(A) Determine whether to-

Serialize within the enterprise identifier; (1)

Serialize within the part, lot, or batch number; or (2)

Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and (3)

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code-

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods-

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site /uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) , Unique Item Identifier Report for Embedded ____ Items, Contract Data Requirements List, DD Form 1423.

(g) . If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with Subcontracts paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial services.

(End of clause)

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when…

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