4.0 25QS133 Solicitation.pdf

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.

1.

Section A - Solicitation/Contract Form

PANEL FLS DCK DDG-83

Additional Regulation or Supplemental Clauses Incorporated by Full Text

FLCPS ITO SAP INFORMATION TO OFFEROR SAP (Jan 2025)

INFORMATION TO OFFEROR

This procurement is being conducted using FAR parts 12 and 13.

1. This solicitation is for the procurement of BRAND NAME JUSTIFICATION: PANELS, FALSE DECK in support of SRF-Yokosuka, Japan (or . It is anticipated that this solicitation will result in an award/order of a Firm, Fixed-Price type contract.Sasebo) Supply

2. The entire solicitation shall be filled out, signed, and returned as part of your quote. See block 8 on page 1 of the solicitation for the closing date and time.

3. The deadline for submission of questions regarding the solicitation’s terms, conditions, specifications, and/or the statement of work (SOW) is 4 working days prior to the solicitation’s closing date.

4. Quotes will be evaluated under FAR 13.106-2 using comparative evaluation of price and other factors to determine which response represents the best value as a whole.

(a) Quotes will be evaluated by performing a direct comparison of one offer with another in a uniform manner to determine which quote provides the government with its needs, as identified in the RFQ. The government reserves the right to consider a response that offers more than the minimum and select that response if it provides a benefit to the government. The Government has the discretion to accept other than the lowest priced quote that provides additional benefits.

(b) The Government will award a firm fixed-price award resulting from this solicitation to the vendor whose quote provides the best benefit to the government price and other factors considered. The following factors shall be used to evaluate quotes:

• Price

• Technical Acceptability: Meets Salient Characteristics

• Vendor Past Performance

• Any other relevant factors such as delivery date (this would be specific to each requirement)

(c) The Government may conduct a price realism analysis. If any quote in response to this solicitation, for the purpose of assessing, is received where the offeror's price is so low as to convince a lack of understanding of the contract requirements or for assessing risk inherent in an offeror's approach.

5. SINGLE AWARD FOR ALL ITEMS: Due to the interrelationship of supplies and/or services to be provided hereunder, the Government reserves the right to make a single award to the quoter whose quote us considered in the best interest of the government, price and other factors considered.

Therefore, quoters who quote less than the entire effort specified herein may be determined to be unacceptable.

6. EXCEPTIONS: All quoters MUST note all exceptions from the solicitation’s terms conditions, specifications, and/or the statement of work / performance work statement, if any. Any exceptions taken to specifications are REQUIRED to provide Technical Specification Sheets of the material providing. If technical specifications sheets not received with quote offer will be determined nonresponsive/ non-compliant and will not be considered. It will be assumed that any quote without mention of any exceptions will take no exception from all specifications, terms and conditions, clauses, or provisions within the solicitation.

All questions in regards to this solicitation shall be submitted, via email, to the Purchasing Agent/Contract Specialist (listed below).

Name: TAURA HELMS

N0040625QS133

Email: TAURA.S.HELMS.CIV@US.NAVY.MIL

PLEASE PROVIDE:

YOUR NAME: ________________________________________________________

YOUR SAM REGISTERED CAGE CODE NUMBER: ______________________

YOUR E-MAIL ADDRESS: ____________________________________________

YOUR PHONE NUMBER: ____________________________________________

YOUR FAX NUMBER: ____________________________________________

LIST YOUR COMPANIES SIZE: LARGE OR SMALL

LIST MFG. & COUNTRY OF ORIGIN FOR EA LINE THAT IS A SUPPLY.

THE REQUIREMENTS IN DFARS 252.211-7003 ITEM IDENTIFICATION AND VALUATION, ARE APPLICABLE FOR LINE ITEMS WITH UNIT PRICES QUOTED AT $5K AND ABOVE. CONTRACTOR SHALL PROVIDE DOD UNIQUE IDENTIFICATION OR DOD RECOGNIZED UNIQUE IDENTIFICATION EQUIVALENT. CLAUSES 252.211-7003, 252.211-7008, 252.246-7006 AND PROVISION

252.246-7005 APPLIES WHEN IUID TAGS ARE REQUIRED.

**************THE FOLLOWING INFORMATION MUST BE PROVIDED*****************

CLIN Manufacturer's Name Manufacturer’s Size Part Number Country of Origin

CLIN QUANTITY REQUIREMENT

CLIN QUANTITY

0001 6 SH

0002 14 SH

0003 1

OFFEROR'S PROPOSED DELIVERY SCHEDULE

CLIN QUANTITY PROPOSED DELIVERY

BRAND NAME REQUIREMENT: This acquisition is being conducted on a BRAND NAME basis with Original Equipment Manufacturer (OEM) Milwaukee Composites Incorporated, per FAR 11.104. Interested AUTHORIZED DISTRIBUTORS/RESELLERS may identify their interest and capability to respond to the requirement or submit proposals/quote prior to solicitation close date and time which will be considered solely for the purpose of determining whether to conduct a competitive procurement. A determination not to compete this action based upon response received to this notice is solely within the discretion of the Government.

(YOUR COMPANY MUST BE REGISTERED WITH **SAM** (SYSTEM AWARD FOR

MANAGEMENT** IN ORDER TO RECEIVE A GOVERNMENT AWARD)

INTERNET ADDRESS FOR SAM IS: https://www.sam.gov

THIS IS ALWAYS A FREE SITE TO REGISTER TO.

PAYMENT INFORMATION WILL BE ENTERED IN ANY RESULTING AWARD BY:

WIDE AREA WORK FLOW PAYMENT:

The contractor shall utilize the electronic invoicing upon delivery of supplies indicated herein. Invoices must be submitted electronically using Wide Area Work Flow (WAWF) – Receipt and Acceptance. The contractor shall self-register at the web site: https://wawf.eb.mil. Contractor training is available on the Internet at: https://wawftrainingeb.mil. Additional support can be accessed by calling the NAVY WAWF Assistance Line: 1-866-618-

SEE DFARS CLAUSE 252.232-7006 IN AWARD

THIS WILL BE FOB ORIGIN, THE USE OF THIS NO COST SHIPPING SYTEM IS MANDATORY.

***For large or heavy items: metals, pipe, lumber etc. please ensure the shipment is properly wrapped, strapped, palletized or boxed up for shipment so it can be moved with a forklift.***

The following will help you understand receiving PREPAID SHIPPING LABELS at our cost.

Naval Operational Logistics Support Center (NOLSC) Shipment Procedures:

"If you would like to take a look at the actual website, I have provided the link below. We provide information for fields #1-#5 and #24. Further information and instructions will be included in the purchase order".

https://public.navsup.navy.mil/public/ops$mailer.ready_to_ship_form

1. Our purchase orders are emailed.

N0040625QS133

https://www.sam.gov https://www.sam.gov https://wawf.eb.mil https://wawftrainingeb.mil https://public.navsup.navy.mil/public/ops$mailer.ready_to_ship_form

2. On page 4 of our order is where NOLSC shipping information and instructions are located.

3. As soon as the material is ready to ship, you will want to access the NOLSC website.

4. With the provided link, information for field’s #1-#6 is provided by us and the remaining fields pertain to the package and your information that you are required to fill out.

5. Once you submit this information, within 2-4 business days NOLSC will email 2 shipping labels (the shipping address) and a shipping invoice for a company that they have arranged to pick up the package.

6. Once the package is ready to be shipped, with the labels attached, you will want to contact the shipping company.

7. The shipping company will pick up the package and take it to where NOLSC has arranged it to be delivered to.

8. At this time, you will be able to submit invoice for payment.

HELPDESK NAVSUP LOC Ready-To-Ship Notice Contact Numbers

• Email (preferred): nolsc_sts@navy.mil

• FAX: (757) 443-5517

• Phone: (757) 443-5449

• Business Hours: M-F 7:30 AM to 7:00 PM EST

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

PANEL, FALSE DECK, COMPOSITE, CO-CURED BALSA CORE

AND PHENOLIC COMPOSITE, WITH LONMAT FLOORING

WEAR SURFACE, SPEC: MIL-PRF-32664, TYPE I, CLASS1,

FORM1, GROUP 1, AREAL WEIGHT:2, SIZE: 48" X 100" X 0.560-

0.575" THK

COLOR: SEMI-GLOSS BLUE, BIW CAT# 57204-001, MFR:

MILWAUKEE PLASTICS INCORPORATED, MFR PN: 70424-

000002-100.

Manufacturer's Part Number: 70424-000002-100 Pricing Arrangement: Firm Fixed Price PR Number: NOPR PR Line Item Number: 0001

6 Sheet

PANEL, FALSE DECK, COMPOSITE, CO-CURED BALSA CORE

AND PHENOLIC COMPOSITE, WITH LONMAT FLOORING

WEAR SURFACE, SPEC: MIL-PRF-32664, TYPE I, CLASS1,

FORM 1, GROUP 1, AREAL WEIGHT: 2 SIZE: 48" X 100" X 0.560-

0.575" THK

COLOR: SEMI-GLOSS BLUE, BIW CAT# 57204-001, MFR:

MILWAUKEE PLASTICS INCORPORATED, MFR PN: 70424-

000002-100.

Manufacturer's Part Number: 70424-000002-100 Pricing Arrangement: Firm Fixed Price PR Number: NOPR PR Line Item Number: 0002

14 Sheet

PANEL, FALSE DECK, COMPOSITE, CO-CURED BALSA CORE

AND PHENOLIC COMPOSITE, WITH LONMA FLOORING

WEAR SURFACE, SPEC: MIL-PRF-32664, TYPE I, CLASS 1,

FORM 1, GROUP 1 , AREAL WEIGHT:2 SIZE: 48" X 100" X 0.560-

0.575" THK COLOR: SEMI-GLOSS BLUE, BIW CAT# 57204-001,

MFR: MILWAUKEE PLASTICS INCORPORATED, MFR PN:

70424-000002-100.

Manufacturer's Part Number: 70424-000002-100 Pricing Arrangement: Firm Fixed Price PR Number: NOPR PR Line Item Number: 0003

1 Sheet

Section C - Description/Specifications/Statement of Work

Requirements

PANEL FALSE DECK COMPOSITE

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

Government Origin (Shipping Point)

Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes

Delivery On Or Before Delivery Date 28 Mar

6 Sheet Ship To DoDAAC: N62758 CountryCode: JPN

SRF AND JRMC YOKOSUKA

PHONE 011-81-46-816-9177, 1 CHOME HON CHO

BLDG A61

YOKOSUKA 238-0041

JAPAN

KATSUYA, TAICHI, REQUIREMENTS

GENERATOR

Telephone: 7077871996

FoB Details Government Origin (Shipping Point)

Delivery On Or Before Delivery Date 28 Mar

14 Sheet Ship To DoDAAC: N62758 CountryCode: JPN

SRF AND JRMC YOKOSUKA

PHONE 011-81-46-816-9177, 1 CHOME HON CHO

BLDG A61

YOKOSUKA 238-0041

JAPAN

KATSUYA, TAICHI, REQUIREMENTS

GENERATOR

Telephone: 7077871996

FoB Details Government Origin (Shipping Point)

Delivery On Or Before Delivery Date 28 Mar

1 Sheet Ship To DoDAAC: N62758 CountryCode: JPN

SRF AND JRMC YOKOSUKA

PHONE 011-81-46-816-9177, 1 CHOME HON CHO

BLDG A61

YOKOSUKA 238-0041

JAPAN

FUKUDA, RYUUJI, REQUIREMENTS

GENERATOR

Telephone: 7077871968

FoB Details Government Origin (Shipping Point)

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.247-29 F.o.b. Origin. Feb 2006

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

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

As prescribed in 232.7004(b), use the following clause:

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause--

"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) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(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) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice 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) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items--

For Supplies:

N0040625QS133

https://www.sam.gov https://wawf.eb.mil/ https://wawf.eb.mil/

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

COMBO

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table

TO BE PROVIDED AT TIME OF AWARD

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request Payment request.

in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) . The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.Receiving report

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

WAWF POC listed as:

Miyuki Hiwatari miyuki.hiwatari.ln@us.navy.mil

Kayo Oobayashi kayo.oobayashi.ln@us.navy.mil

SRF-JRMCWAWF@SRF.navy.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.232-18 Availability of Funds. Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.243-1 Changes-Fixed-Price. Aug 1987 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7003 Control of Government Personnel Work Product. Apr 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023

252.223-7998 Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluorooctanoic Acid. (Deviation 2022-O0010)

Apr 2023 Deviation 2022-O0010 Apr 2023

252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2024-O0014)

Aug 2024 Deviation 2024-O0014 Aug 2024

252.232-7010 Levies on Contract Payments. Dec 2006 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.

(DEVIATION 2025-O0003 and 2025-O0004)

(Jan 2025) Deviation 2025-O0004 (Mar 2025)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(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 products and commercial services:

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

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

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

(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 products and commercial services:

[ .]Contracting Officer check as appropriate

[ ] 52.203-6, Restrictions on Subcontractor Sales to the Government with (41A U.S.C.A 4704 and 10 U.S.C. (1) (Jun 2020), Alternate I (Nov 2021) 4655).

[ ] 52.203-13, Contractor Code of Business Ethics and Conduct (41A U.S.C.A 3509)).(2) (Nov 2021)

[ ] 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-(3) (Jun 2010) 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[ ] 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, (4) (Nov 2023) the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31A U.S.C.A 6101A note).(Jun 2020)

[ ] [Reserved].(6)

[ ] 52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)

[ ] 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (Oct 2016)

XX (9) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)

[ ] 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and (10) Multi-Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)

[ ] (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

[ ] Alternate I of 52.204-30.(ii) (Dec 2023)

XX (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31A U.S.C.A 6101A note).Jan

[ ] 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41A U.S.C.A 2313).(13) (Oct 2018)

[ ] [Reserved].(14)

[ ] 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15A U.S.C.A 657a).(15) Oct 2022

[ ] 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the (16) Oct 2022 preference, it shall so indicate in its offer) (15A U.S.C.A 657a).

[ ] [Reserved](17)

[ ] (18)

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

XX (ii) Alternate I of 52.219-6.(Mar 2020)

[ ] (19)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (15A U.S.C.A 644).(Nov 2020)

[ ] Alternate I of 52.219-7.(ii) (Mar 2020)

[ ] 52.219-8, Utilization of Small Business Concerns (15A U.S.C.A 637(d)(2) and (3)).(20) ( )Jan 2025

[ ] (21)

(i) 52.219-9, Small Business Subcontracting Plan (15A U.S.C.A 637(d)(4)).( )Jan 2025

[ ] Alternate I of 52.219-9.(ii) (Nov 2016)

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

[ ] Alternate III of 52.219-9.(iv) (Jun 2020)

[ ] Alternate IV of 52.219-9.(v) ( )Jan 2025

[ ] (22)

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

[ ] Alternate I of 52.219-13.(ii) (Mar 2020)

[ ] 52.219-14, Limitations on Subcontracting ( ) (15A U.S.C.A 657s).(23) Oct 2022

[ ] 52.219-16, Liquidated Damages-Subcontracting Plan (15A U.S.C.A 637(d)(4)(F)(i)).(24) (Sep 2021)

[ ] 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible (25) Under the SDVOSB Program ( ) (15A U.S.C.A 657f).Feb 2024

[ ] (26)

(i) 52.219-28, Small Business Program Rerepresentation (15A U.S.C.A 632(a)(2)).Postaward ( )Jan 2025

[ ] Alternate I of 52.219-28.(ii) (Mar 2020)

[ ] 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ((27) Oct ) (15A U.S.C.A 637(m)).2022

[ ] 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28) Small Business Program ( ) (15A U.S.C.A 637(m)).Oct 2022

[ ] 52.219-32, Orders Issued Directly Under Small Business Reserves (15A U.S.C.A 644(r)).(29) (Mar 2020)

[ ] 52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (Sep 2021)

XX (31) 52.222-3, Convict Labor (E.O.11755).(Jun 2003)

XX (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126).(Jan 2025)

[ ] [Reserved](33)

[ ] [Reserved](34)

[ ] (35)

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

[ ] Alternate I of 52.222-35.(ii) (Jul 2014)

[ ] (36)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (29A U.S.C.A 793).(Jun 2020)

XX (ii) Alternate I of 52.222-36.(Jul 2014)

[ ] 52.222-37, Employment Reports on Veterans ( ) (38A U.S.C.A 4212).(37) Jun 2020

[ ] 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (Dec 2010)

[ ] (39)

(i) 52.222-50, Combating Trafficking in Persons (22A U.S.C.A chapterA 78 and E.O. 13627).(Nov 2021)

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

[ ] (40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (Jan 2025) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[ ] (41)

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

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

[ ] 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(42) (May 2024) et seq.

[ ] 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(43) (May 2024) et seq.

[ ] 52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (May 2024) et seq.

[ ] 52.223-21, Foams (42 U.S.C. 7671, ).(45) (May 2024) et seq.

[ ] 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, (46) and 42 U.S.C. 7671l).

[ ] (47)

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

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

[ ] (48)

(i) 52.225-1, Buy American-Supplies (41A U.S.C.A chapterA 83).(Oct 2022)

[ ] Alternate I of 52.225-1.(ii) (Oct 2022)

[ ] (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (NOV 2023) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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.

[ ] Alternate I [Reserved].(ii)

[ ] Alternate II of 52.225-3.(iii) (Jan 2025)

[ ] Alternate III of 52.225-3.(iv) (Feb 2024)

[ ] Alternate IV (Oct 2022) of 52.225-3.(v)

[ ] 52.225-5, Trade Agreements (19A U.S.C.A 2501, ., 19A U.S.C.A 3301 note).(50) (NOV 2023) et seq

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (Feb 2021) Assets Control of the Department of the Treasury).

[ ] 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[ ] 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42A U.S.C.A 5150).(53)

[ ] 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42A U.S.C.A 5150).(54) (Nov 2007)

XX (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(May 2024)

[ ] 52.229-12, Tax on Certain Foreign Procurements .(56) (Feb 2021)

[ ] 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41A U.S.C.A 4505, 10 U.S.C. (57) (Nov 2021) 3805).

[ ] 52.232-30, Installment Payments for Commercial Products and Commercial Services (41A U.S.C.A 4505, 10 U.S.C. 3805).(58) (Nov 2021)

XX (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31A U.S.C.A 3332).(Oct2018)

[ ] 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31A U.S.C.A 3332).(60)

[ ] 52.232-36, Payment by Third Party (31A U.S.C.A 3332).(61) (May 2014)

[ ] 52.239-1, Privacy or Security Safeguards (5A U.S.C.A 552a).(62) (Aug 1996)

[ ] 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (63) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)

[ ] 52.242-5, Payments to Small Business Subcontractors (15A U.S.C.A 637(d)(13)).(64) (Jan 2017)

[ ] (65)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10A U.S.C.A 2631).(Nov 2021)

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

[ ] Alternate II of 52.247-64.(iii) (Nov 2021)

(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 products and commercial services:

[ ]Contracting Officer check as appropriate.

[ ] 52.222-41, Service Contract Labor Standards (41A U.S.C.A chapter67).(1) (Aug 2018)

[ ] 52.222-42, Statement of Equivalent Rates for Federal Hires (29A U.S.C.A 206 and 41A U.S.C.A chapterA 67).(2) (May 2014)

[ ] 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (Aug 2018) (29A U.S.C.A 206 and 41A U.S.C.A chapterA 67).

[ ] 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41A U.S.C.(4) A chapterA 67).

[ ] 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (5) Certain Equipment-Requirements (May 2014) (41A U.S.C.A chapterA 67).

[ ] 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (May 2014) (41A U.S.C.A chapterA 67).

[ ] 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (Jan 2022)

[ ] 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)

[ ] 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42A U.S.C.A 1792).(9)

[ ] 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(10) (Jan 2025) (g)).

(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded Comptroller General Examination of Record using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (41A U.S.C.A 3509).(Nov 2021)

(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)

(vii)

(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

(B) Alternate I of 52.204-30.(Dec 2023)

(viii) 52.219-8, Utilization of Small Business Concerns (15A U.S.C.A 637(d)(2) and (3)), in all subcontracts that offer further ( )Jan 2025 subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29A U.S.C.A 793).(Jun 2020)

(xiii) 52.222-37, Employment Reports on Veterans (38A U.S.C.A 4212).(Jun 2020)

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

(xv) 52.222-41, Service Contract Labor Standards (41A U.S.C.A chapterA 67).(Aug 2018)

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (22A U.S.C.A chapterA 78 and E.O 13627).(Nov 2021)

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

(xvii) 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) (41A U.S.C.A chapterA 67).

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

(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(Jan 2022)

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)

(xxii)

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

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

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

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42A U.S.C.A 1792). Flow down required in accordance (Jun 2020) with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)

(xxvii) A 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10A U.S.C.A 2631). Flow (Nov 2021) 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

As prescribed in , insert the following clause:52.107(b)

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

____ [Insert one or more Internet addresses]____ ____

(End of clause)

52.252-6 Authorized Deviations in Clauses. (Nov 2020)

As prescribed in , insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized 52.107(f) deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.

AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(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.

(b) The use in this solicitation or contract of any [insert regulation name] (48 CFR ) clause with an authorized deviation is indicated by ____ ____ the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

Additional Regulation or Supplemental Clauses Incorporated by Full Text

SUPTXT 203.1106-1 NAVY USE OF ABILITY ONE (Jan 2025)

SUPTXT 203.1106-1 (3-18) NAVY USE OF ABILITYONE SUPPORT CONTRACTOR - RELEASE OF OFFEROR

INFORMATION

NAVSUP Fleet Logistics Center Puget Sound may utilize contractor support through the AbilityOne Program, as needed, to perform contract closeout functions for this acquisition. Information, including business sensitive/confidential or proprietary data, that the offeror provides to the government or information already in the possession of the government may be viewed and utilized by the AbilityOne Program support contractor personnel during the course of its contract performance. The information that may be made available to the support contractor may include, for example, pricing and technical proposals, historical contract, pricing and performance information, Commercial Asset Visibility (CAV) reporting information and similar data/information.

By submission of a proposal in response to this solicitation, the offeror and its subcontractors consent to a release of their business sensitive /confidential or proprietary data to the government's AbilityOne Program support contractor personnel. AbilityOne will have a Non-Disclosure/Non- Use Agreement in place with the Government in order to comply with DFARS 252-227-7025. The offeror retains the right to engage AbilityOne in a non-disclosure agreement pursuant to DFARS 252.227-7025(b)(5)(iv)

Section J - List of Attachments

Section K - Representations, Certification, & Other Statements

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.225-18 Place of Manufacture. Aug 2018

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016 252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation. Dec 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

May 2021

252.223-7997 Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluorooctanoic Acid -- Representation. (Deviation 2022- O0010)

Sep 2022 Deviation 2022-O0010 Sep 2022

252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

FAR Clauses Incorporated by Full Text

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (DEVIATION 2025-O0003 and 2025-O0004)

(May 2024) Deviation 2025-O0004 (Mar 2025)

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2025)

(DEVIATION 2025-O0003 AND 2025-O0004)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) . As used in this provision-Definitions

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395 (b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110- 174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"-

Sensitive technology-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-

(1)

Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned (i) business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) , as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service connected, Service-disabled veteran as defined in 38 U.S.