4.0 26QS092 Sol.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.

Created On:

09 Jan 2026, 18:13 PM Greenwich Mean Time

Section A - Solicitation/Contract Form

END FITTING

Additional Regulation or Supplemental Clauses Incorporated by Full Text

FLCPS SRF 001 FLCPS_SRF_NOTICE_TO_OFFERORS (Aug 2025)

This Solicitation is a 100% SMALL BUSINESS SET-ASIDE REQUIREMENT for END FITTING

1. NOTICE TO ALL OFFERORS: The Government anticipates awarding a firm, fixed price contract in accordance with FAR Part 12 and 13 in response to quotes received in response to this solicitation. A firm, fixed price contract places the maximum risk and full responsibility for all costs and resulting profit or loss on the contractor, offerors are advised to consider these risks when pricing their quotes.

2. 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, is 1 day prior to the solicitation's closing date. Submit via email, to the Contracting Official 2 days prior to solicitation closing date: 1/16/2026.

Name: LORRAINE SMALL Email: LORRAINE.M.SMALLciv@us.navy.mil

4. In accordance with FAR 13.106, the Government will select the most advantageous offer based FOR COMPETITIVE REQUIREMENTS -on the following evaluation factors: technical including delivery date, price, and past performance in no order of relative importance.

5. 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. 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.

6. 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 is 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.

7. Submission of invoices will be via WAWF; see Clause 252.232-7006.

PLEASE PROVIDE:

YOUR NAME: _________________________________________________________________________________ YOUR SAM REGISTERED CAGE CODE NUMBER: ______________________________________________ YOUR E-MAIL ADDRESS: ______________________________________________________________________ YOUR PHONE NUMBER: ______________________________________________________________________

LIST YOUR COMPANY SIZE: LARGE OR SMALL

YOUR COMPANY MUST BE REGISTERED WITH **SAM** SYSTEM AWARD FOR MANAGEMENT IN ORDER TO RECEIVE A

GOVERNMENT AWARD.

THIS IS ALWAYS A FREE SITE TO REGISTER; SEE FOLLOWING LINK: HTTPS://WWW.SAM.GOV

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

CLIN | Manufacturer's Name | Manufacturer's Size | Part Number | Country of Origin 0001 __________________________ ______________________ ___________________ ______________________

0002 __________________________ ______________________ ___________________ _______________

0003 __________________________ ______________________ ___________________ ______________________

N0040626QS092

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

END FITTING, STRAIGHT, MALE O-RING SEAL UNION (CPV)

MIL-F-24787/3, GR II, TY C, QPL-24787.

SIZE: 1 INCH IPS

THREAD: 2-5/16-12

MATL: MONEL

NSN: 4730-00-851-6179 (SMIC: L1)

Preferred Part Number: 32142EF-1602C-1616 Pricing Arrangement: Firm Fixed Price

12 Each

ELBOW, 90 DEG DOGLEG, HOSE TO HOSE, 3/4 INCH IPS,

MONEL, MIL-F-24787/5, TYPE D, GROUP II, QPL-24787.

NSN: 4730-00-866-8211 (SMIC: L1)

Preferred Part Number: 90-ELB-1602D-1212 Pricing Arrangement: Firm Fixed Price

6 Each

ELBOW HOSE FITTING, MIL-F-24787/5, GROUP II, TYPE D,

CLASS 2, 1/2 INCH HOSE SIZE, MONEL, 90 DEG, QPL-24787.

NSN: 4730-00-851-6178 (SMIC: L1)

Preferred Part Number: 90ELB-1602D-0808 Pricing Arrangement: Firm Fixed Price

5 Each

Section C - Description/Specifications/Statement of Work

Requirements

END FITTING

Section D - Packaging and Marking

Additional Regulation or Supplemental Clauses Incorporated by Full Text

FLCPS SRF 007 FLCPS_SRF_DELIVERY (Aug 2025)

PREPARATION FOR DELIVERY (COMMERCIALLY PACKAGED ITEMS)

(a) shall be in accordance with ASTM-D-3951 (most current edition), "Standard for Commercial Packing." The Preservation, packaging, and packing unit pack quantity that applies to items under this contract is "Industry Standard".

(b) The use of asbestos, excelsior, loose fill polystyrene, newspaper or shredded paper (all types including waxed paper, Prohibited Packing Materials.

computer paper and similar hydroscopic or non-neutral material) is prohibited.

(c) All non-manufactured wood utilized in wood pallets and wood containers shall be heat treated to a minimum Non-Manufactured Wood Packing.

core temperature of 56 degrees centigrade for 30 minutes and certified by an accredited agency recognized by the American Lumber Standards Committee (ALSC). Refer to https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/wood-packaging-material for wood packing policy, enforcement regulations and accredited agencies. Non-coniferous (hardwood) and manufactured wood, such as particleboard and plywood, are exempt from this requirement.

(d) , such as particleboard and plywood, are exempt from this requirement.Manufactured wood

(e) Packing must be sufficient to ensure safe delivery to the final destination without the need for additional repackaging or repair.

(f) All materials shall be packed to withstand multiple modes of transport (truck, rail, sea, or air) and handling by forklifts or cranes.

(g) Heavy items must be crated or skid-mounted to distribute weight evenly and ensure lifting point are accessible and marked.

(h) Packages must be stable, not exceed safe stacking limits, and be secured against movement in transit.

MARKING OF SHIPMENTS (COMMERCIALLY PACKAGED ITEMS)

(i) Marking shall be in accordance with ASTM-D-3951 (most current edition) and with the information set forth in paragraph (ii) below. Unless specified elsewhere in this contract/order, bar coding is not required.

(ii) All unit and exterior containers/packs shall, as a minimum, be marked as follows:

1. National stock number (NSN), when available, or Federal stock number (FSN), when NSN is not available, or part number when neither NSN or FSN are available.

2. Noun nomenclature cited on contract or order.

3. Quantity and unit of issue.

4. Contract, or order number.

5. From:_______________________________________________ (Contractor's Name) (Address)

6. To: (See delivery address on page 3-4 or in Section F)

(iii) Markings may be applied by any means which provide legibility.

INSPECTION AND ACCEPTANCE (DESTINATION)

Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity.

PROOF OF DELIVERY

If United Parcel Service (UPS) or Federal Express services are used for transportation, each package must have a unique package identification number. The Government will not consider the manifest as proof of delivery unless each package can be uniquely identified. Acceptance will occur only after the Government can verify actual receipt of the contract items--packaged, marked and labeled as required elsewhere in this contract.

REVIEW OF AGENCY PROTESTS

(a) The procedures set forth in FAR 33.103 will be followed for submission and handling of agency protests.

(b) All protests filed directly with the agency, NAVSUP Fleet Logistics Center Puget Sound (FLCPS), shall be addressed to the Contracting Officer. A protester may appeal a decision rendered by a Contracting Officer to the Reviewing Official.

(c) The Reviewing Official for FLCPS is the Director, Regional Contracting Department (Code 200), NAVSUP Fleet Logistics Center Puget Sound at 467 W Street, Bremerton, WA 98314-5100.

(d) Offerors should note that a review of the Contracting Officer’s decision will not extend GAO’s timeliness requirements.

Therefore, any subsequent protest to GAO must be filed within 10 days of knowledge of initial adverse agency action.

Section E - Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: NOT APPLICABLE

DoDAAC: N62758 CountryCode: JPN

SRF AND JRMC YOKOSUKA

PHONE 011-81-46-816-9177, 1 CHOME HON CHO BLDG A61

YOKOSUKA 238-0041

JAPAN

GOVERNMENT REPRESENTATIVE, RECEIVING

Telephone: N62758

Inspection and Acceptance Location

Both Destination Instructions: NOT APPLICABLE

DoDAAC: N62758 CountryCode: JPN

SRF AND JRMC YOKOSUKA

PHONE 011-81-46-816-9177, 1 CHOME HON CHO BLDG A61

YOKOSUKA 238-0041

JAPAN

GOVERNMENT REPRESENTATIVE, RECEIVING

Telephone: N62758

Inspection and Acceptance Location

Both Destination Instructions: NOT APPLICABLE

DoDAAC: N62758 CountryCode: JPN

SRF AND JRMC YOKOSUKA

PHONE 011-81-46-816-9177, 1 CHOME HON CHO BLDG A61

YOKOSUKA 238-0041

JAPAN

GOVERNMENT REPRESENTATIVE, RECEIVING

Telephone: N62758

Section F - Deliveries or Performance

Overall Contract Delivery Period

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

Additional Regulation or Supplemental Clauses Incorporated by Full Text

FLCPS SRF 006 FLCPS_SRF_SHIPPING (Aug 2025)

NAVAL SUPPLY Weapon Systems Support (NAVSUP WSS Transportation)

Shipment Request Procedures

I. INTRODUCTION

For this FOB Origin procurement, the Government will arrange for transportation and pay all associated transportation costs through the NAVSUP WSS Shipment Processing (SP) office (aka NAVSUP GLS, NAVSUP LOC or NOLSC). NAVSUP WSS will process shipments of materials from within the United States to CONUS (Continental United States)/OCONUS (Outside Continental United States) consignees with delivery terms Free On-Board (FOB) Origin.

Contractors/vendors shall complete the Naval Supply Systems Command automated Ready-to-Ship (RTS) web form by accessing the link provided below in Section II. By completing the form on line, the NAVSUP WSS at Norfolk, VA will receive an email of the shipment request immediately and will act on it as soon as possible during their normal working hours of 7:30 AM to 6:00 PM Eastern Time Monday through Friday. In response, NAVSUP WSS will provide MANDATORY USE shipping labels to the contractor/vendor. The contractor/vendor will arrange for shipment with the NAVSUP WSS designated carrier IMMEDIATELY upon receipt of the shipping labels. If the NAVSUP WSS provided shipping labels are not used, the contractor/vendor will experience delays and additional work to reconcile the transportation payment under the NAVSUP WSS tracking number and possible additional costs not covered under the contract or NAVSUP WSS Transportation. If the contractor/vendor turns an ordered vehicle away and a vehicle furnished not used charge is incurred the contractor/vendor is responsible for payment. If the contractor/vendor detains the vehicle and incurs a detention charge the contractor/vendor is responsible for payment. International small parcel shipment documents are invalid after five business days. If the vendor incurs any extra costs with the carrier outside of the CBL/GBL it is the vendors responsibility for payment. NAVSUP WSS does not accept hazardous or explosive shipments.

CONTRACTORS/VENDORS ARE NOT AUTHORIZED TO ARRANGE FOR TRANSPORTATION OR PAY TRANSPORTATION COSTS FOR

SHIPMENT OF FOB ORIGIN PROCUREMENT.

II. PROCEDURES FOR CONTRACTORS TO REQUEST READY-TO-SHIP (RTS) NOTICES

When the cargo is ready for shipment, the contractor/vendor will submit their shipping request to NAVSUP WSS using the following procedures:

Click on the link at https://mynavsup-public.nag.navy.mil/public/ops$mailer.ready_to_ship_form to open the NAVSUP WSS RTS Web Form. The contractor/vendor is required to fill in all data fields marked with a red asterisk under the headings "Vendor Information" and "Package Information."

The fields not marked with a red asterisk and the heading "Additional Notes" are optional fields to be filled in at the contractor's/vendor's discretion.

Click on the blue question mark at the right of each data field to access "On-line Data Element Help" which explains the data required in that field. If shipping labels are being requested for multiple packages, enter the data for the first package under "Package Information" then click the "Store Pkg Info" button. Repeat this procedure for each package. When all data has been entered on the electronic form, click the "Submit" button.

Container Shipments: containers take longer to book and arrange for loading. If you can provide reliable dimensions and weight estimates for the cargo, send the initial shipping request THREE WEEKS before your requested container load date.

If you have any questions regarding the web form, contact NAVSUP WSS Transportation directly at (757) 443-5449 or usn.norfolk.navsupwssnorf.

mbx.navsup-nfmgt1@us.navy.mil NOTE: Incomplete or missing information will significantly delay the process of arranging transportation.

III. CONTRACTING OFFICER SHALL PROVIDE THE FOLLOWING INFORMATION:

*Information provided at time of Award.

Contract Number: ____________________________________ Transportation Control Number (TCN): __________________ Transportation Priority (TP): ___________________________ Required Delivery Date (RDD): _________________________ Transportation Account Code (TAC): ____________________

Destination DODAAC: ________________________________

IV. NAVSUP WSS CONTACT INFORMATION

NOTE: The preferred method of contact is through email. Phone numbers are provided only for emergencies.

For Assistance Email (preferred): navsup_nfmgt.fct@navy.mil Fax: (757) 443-5517 Phone: (757) 443-5449 Business Hours: M-F 7:00 AM to 3:30 PM ET.

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)

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: COMBO

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

(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.

N0040626QS092

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

(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 upon award.

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of 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) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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.

(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

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 252.211-7008 Use of Government-Assigned Serial Numbers. Sep 2010 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

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Jun 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).

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

[X] (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)

[ ] (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).(11)

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

[ ] (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)

[X] (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15A U.S.C.A 644).

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

[ ] (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15A U.S.C.A 644).(19)

[ ] 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

[ ] (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (15A U.S.C.A 637(d)(4)).(21)

[ ] 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

[ ] (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15A U.S.C.A 644(r)).(22)

[ ] 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

[ ] (i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15A U.S.C.A 632(a)(2)).(26)

[ ] 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)

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

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

[ ] [Reserved](33)

[ ] [Reserved](34)

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

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

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

[ ] Alternate I of 52.222-36.(ii) (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)

[X] (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22A U.S.C.A chapterA 78 and E.O. 13627).

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

[ ] (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)). (41) (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).

[ ] (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).(47)

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

[ ] (i) 52.225-1, Buy American-Supplies (Oct 2022) (41A U.S.C.A chapterA 83).(48)

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

[ ] (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. (49) 3805 note, 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

[X] (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)

[X] (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)

[X] (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)

[X] 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign (63) Entities (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)

[ ] (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10A U.S.C.A 2631).(65)

[ ] 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)

52.223-3 Hazardous Material Identification and Material Safety Data. (Feb 2021)

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert )None Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

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

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):

FAR Clauses: http://acquisition.gov/far/

DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

(End of clause)

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

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 Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

DFARS Clauses Incorporated by Full Text

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

As prescribed in 211.274-5(a), use the following clause:

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…