47QSWC23R0001_RFP_Level 1 Armored Utility Vehicle (UV) Final.pdf

General Services Administration (GSA) Federal Acquisition

Services (FAS)

Office of General Supplies and Services GSS) Large Special Order

Program (SOP)

Request for Proposal

STANAG 4569 Level 1 Armored Utility Vehicles (UV)

Solicitation PIID: 47QSWC23R0001

United States Air Force Life Cycle Management Center (AFLCMC), Support Equipment &

Vehicles, Robins Air Force Base, GA. 31098

March 15, 2023

Table of Contents

SECTION A: GENERAL INFORMATION

SECTION B: OFFEROR INFORMATION

SECTION C: GENERAL REQUIREMENTS

SECTION D: LIST OF ATTACHMENTS

SECTION E: CONTRACT CLAUSES

SECTION F: INSTRUCTIONS TO OFFERORS

SECTION G: EVALUATION

SECTION H: PROVISIONS, REPRESENTATIONS & CERTIFICATIONS

SECTION A: GENERAL INFORMATION

REQUEST FOR PROPOSAL (RFP) # 47QSWC23R0001

Level 1 Armored Utility Vehicle (UV)

A. This is a combined Synopsis/Solicitation for commercial item (Supplies and Services) prepared in accordance with (IAW) the format in FAR Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. This solicitation is issued as an RFP and in accordance with FAR Part 12, the acquisition of Commercial Products and Commercial Services and FAR Part 15, Contracting by Negotiation as a Total Small Business Set-Aside IAW FAR Part 19. The incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-

B. Contract Type/IDIQ Guidance:

IDIQ Solicitation / Contract Data IAW FAR Subpart 16.504(a)(4)

FAR Subpart 16.504(a)(4)

Part Number Description/Specification i Delivery Period The IDIQ contract will consist of a 12-month base delivery period plus four (4) 12-month optional delivery periods. The contract will commence on the date of award and end no later than 5 years after award date (depending on option(s) exercised).

ii Minimum Quantity (Also serves as the minimum guarantee)

Quantity of 2 ea - STANAG 4569 Level 1 Armored UV

Maximum Quantity Quantity of 303 ea - STANAG 4569 Level 1 Armored UV iii Requirement Specifications

See Attachment 1 CID and Specifications_ Level 1 Armored Utility Vehicle iv Ordering Procedures Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by GSA. Such orders may be issued from date of award and no later than 5 years after award date (depending on option(s) exercised) v Activities authorized to issue orders

GSA - Large SOP vi Authorization for placing orders

Restricted to procuring agency contracting office.

C. Background: This RFP is being issued by GSA on behalf of the U.S. Air Force Life Cycle

Management Center (AFLCMC), Support Equipment & Vehicles, located in Robins Air Force Base, GA. to procure NATO Standard STANAG 4569 Level 1 Armored Utility Vehicles (UV).

The vehicles must be a retrofitted commercial full-size sport utility vehicle (UV) or pickup truck (with enclosed bed) capable of transporting a four-man crew, plus cargo, with on- and off-road capabilities. The vehicles must also provide ballistic protection to a four-man crew and is capable of carrying a payload of 1,500 pounds across all surfaces, include primary roads, secondary roads, and cross county. The vehicle shall meet the definition of a modified commercial product as stated in FAR 2.101. The vehicle, at a minimum, shall be the manufacturer’s standard commercial product modified as necessary to be in accordance with the requirements specified herein. Additional or complimentary features which are not specifically prohibited by these specifications, but which are part of the manufacturer’s standard product, shall be included in the unit being proposed.

D. General Services Administration (GSA) Federal Acquisition Service (FAS) Large Special Order Program (SOP) anticipates awarding a single award, Firm-Fixed Price (FFP) Indefinite Delivery, Indefinite Quantity contract (IDIQ) contract as the result of this RFP. A combined Synopsis/Solicitation will be provided electronically only. The solicitation number is 47QSWC23R0001 and issued as an RFP. The applicable North American Industrial Classification Code System (NAICS) code 336110 Automobile and Light Duty Motor Vehicle Manufacturing and small business size standard is 1,500 employees. The appropriate Product and Service Code (PSC) is 2310 - Passenger Motor Vehicles. In accordance with FAR 12.603, the following provisions and clauses are applicable to this solicitation and may be reviewed/obtained in full text form either later in this RFP and/or at http://www.acquisition.gov/far.

• 52.212-1, Instructions to Offerors-Commercial Products and Commercial Service (Nov 2021) – this provision is located in full text in Section F, Instructions to Offerors

• 52.212-2, Evaluation – Commercial Products and Commercial Services (Nov 2021)

– this provision is located in full text in Section G, Evaluation, along with detailed information with regard to Evaluation Criteria

• 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services (Dec 2022) – a completed copy of the provision (located in full text in Section H, Provisions, Representations and Certifications, shall be submitted with any offers. Note: The Offeror shall complete and submit 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.

• 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022) - addenda to this clause are located in Section E, Contract Clauses.

• 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2022) -clauses cited in this clause that are applicable to the acquisition are identified in Section E, Contract Clauses where this clause is located in full text.

E. This is an RFP for the procurement of Level 1 Armored UVs.

F. PHASE II – Oral Presentations:

Offerors who successfully pass Phase I of the technical evaluation will be invited to provide an oral presentation to GSA Contracting personnel, Technical Evaluation Board (TEB) members and AFLCMC representatives. The Government intends to conduct the Oral Presentations between Tuesday May 9th, 2023, and Thursday, May 11th, 2023, in Fort Worth, TX. Offerors who pass Phase I of the technical evaluation shall be notified of the exact time and location for oral presentations no later than close of business (COB) April http://www.acquisition.gov/far http://www.sam.gov/

21st, 2023.

G. Delivery terms: Base Contract: The resulting IDIQ contract will consist of a 12 month base delivery period plus four (4) 12 month optional delivery periods.

Delivery Terms: The client requires the delivery of the first two Level 1 Armored UVs within 270 days after receipt of award (ARO). Offerors will be encouraged to provide their best delivery terms that meet or exceed the required delivery schedule. Any delays or extensions beyond this delivery term shall be coordinated between the Government and Contractor and via bilateral contract modification.

H. Shipping and handling terms: F.O.B. Destination – CONUS pricing. Inspection and Acceptance at Destination. The Contractor shall coordinate delivery of all UVs with the client designated point of contact (POC) for consolidation, storage, and shipping. The Contractor shall notify the POC when equipment is shipped from the Manufacturer’s facility.

The Contractor is to notify the POC prior to special delivery if special Material Handling Equipment (MHE) is required to offload the equipment once it arrives at their facility.

Preparation for Delivery: The item(s) shall be packaged and packed to afford adequate protection against physical damage during shipment from the supplier to the first receiving activity. The packaging shall comply with the rules and regulations applicable to the mode of transportation. Requirement for inspection and testing for the Level 1 Armored UV can be found in Attachment 1: CID and Specifications_ Level 1 Armored Utility Vehicle.

I. This is ONLY a request for pricing. DO NOT SHIP begin production or ship any items based upon the posting of this RFP.

J. The Government intends to award on initial proposals and advises offerors to submit their best terms and prices in their initial proposal.

K. STANDARD COMMERCIAL WARRANTY REQUIREMENT. The Government is requiring that all items in any resulting contract have a Standard Commercial Warranty.

L. Proposals shall be submitted electronically in GSA’s ASSIST Electronic Order System. The offeror should allow enough time before the closing date and time to ensure successful and timely submission of proposal. For any questions regarding this solicitation, please contact the GSA POC: Contracting Officer (CO), Calvin Blue, Email: calvin.blue@gsa.gov, Phone:

210-284-6114

M. Offerors are advised that failure to provide the information required in Section F of this RFP may eliminate their proposal from further consideration for contract award.

• Questions: Question regarding this RFP will be due no later than Friday, March 24th 2023 at 12:00 p.m. EST. Questions shall be submitted by email only to the Contracting Officer, Calvin Blue, at email address calvin.blue@gsa.gov with “RFP Questions – Level 1 Armored UV” in the Subject Line of the email. Answers to questions received in response to the RFP will be answered via amendment to the

RFP.

• RFP Response Date: Please upload your completed proposal to GSA ASSIST on or before Monday April 17th, 2022, at 4:00 PM EST.

mailto:calvin.blue@gsa.gov, mailto:calvin.blue@gsa.gov

N. Proposal Development Instructions: The contractor must submit the proposal documents/media by the dates and times established in the RFP. If you are unable to submit your proposal in the GSA ASSIST Electronic Ordering System due to technical difficulty, immediately report the problem to the ASSIST help desk and the CO, Calvin Blue at calvin.blue@gsa.gov and Tammy Mattox at tammy.mattox@gsa.gov in sufficient time prior to closing to allow for the submission of the proposal via an alternative method. Instructions for how to register in GSA ASSIST are located in Attachment 9 – How to Register a Company in ASSIST. Failure to register properly in GSA ASSIST’s Electronic Ordering System (ITSS) is not an acceptable excuse for the inability to submit a proposal.

NOTE: In order to submit a timely proposal for this solicitation, your firm not only must be registered in GSA ASSIST, but the CO must also manually add your firm and a POC to the solicitation so you may access it to submit documents. Therefore, it’s important to register in GSA ASSIST at your earliest convenience. As soon as you’ve registered in GSA ASSIST, please notify the CO and provide the POC name that is listed on the registration at your earliest to avoid last minute complications with proposal submission. See attachments 5 for GSA ASSIST registration instructions.

O. GSA INFORM PROCESS: GSA’s In-depth Feedback through Open Reporting Methods (INFORM 2.0). process standardized GSA’s post-award communications and provides all offerors with a customized decision statement of their proposal. This, along with the additional opportunity to ask questions of the evaluation team during the oral feedback meetings or through written questions, provides participants a clearer understanding of why their company did or did not receive an award.

The information shared through the INFORM process improves the overall quality of proposals GSA receives and highlights the fairness and impartiality of GSA’s evaluation and award process. Offerors are encouraged to review Attachment 8 for further details on the INFORM process.

***********************The remainder of this page is intentionally left blank********************** mailto:tammy.mattox@gsa.gov

SECTION B: OFFEROR INFORMATION

Please fill out the below completely and return with your proposal:

Company’s Name:

Offeror’s Point of Contact (POC):

Name:

Phone number:

Email address:

UEI Number:

Socio-economic status:

Manufacturer:

☐ I acknowledge receipt of all RFP amendments.

☐ I have registered in GSA ASSIST. Registered POC Name

Offeror ☐ does or ☐ does not take exception to the RFP provisions, clauses, requirements, or other information.

If offeror does take exception to any of the RFP provisions, clauses, requirements, specifications, or other information, please provide a list of any exceptions and explanation(s) in the space below. Please note, the Government reserves the right to make a selection based upon initial proposals received, without discussions with offerors; therefore, exceptions to the RFP may eliminate an offeror from receiving any further consideration.

AUTHORIZED AGENT SIGNATURE:

DATE: TITLE:

SECTION C: GENERAL REQUIREMENTS

1. General Information

1.1 General Description of Requirement:

For detailed description and specifications for AFLCMC’s requirement for NATO Standard STANAG 4569 Level 1 Armored Utility Vehicles (UV), please see Attachment 1 - CID and Specifications_ Level 1 Armored Utility Vehicle for vehicle description and specifications.

1.2 Training Requirements:

Offeror shall provide for familiarization training to be conducted at F.E. Warren Air Force Base upon delivery of the first two UVs.

SECTION D: LIST OF ATTACHMENTS

Attachment 1: CID and Specifications_ Level 1 Armored Utility Vehicle Attachment 2: Phase 1 Minimum Specifications Matrix Level 1 Armored UV Attachment 3: Past Performance Questionnaire Attachment 4: Prior Experience Worksheet Attachment 5: How to Register a Company in ASSIST Attachment 6: Pricing Worksheet Attachment 7: How Do I Create Responses for ASSIST-Connect (Contractors)

Attachment 8: GSA INFORM Process

SECTION E: CONTRACT CLAUSES

Clauses Incorporated by Reference

52.252-2 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):

In addition to the applicable clauses contained in the Multiple Award Schedule base contract, the following FAR clauses are included in this purchase order emphasis of their applicability:

CLAUSES INCORPORATED BY REFERENCE:

FAR Clauses

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Dec 2022) FAR clause 52.212-4(c) is hereby amended as follows: The Government reserves the right to issue unilateral close out modifications to close out commercial contractual agreements, after the contractor has acknowledged the order is closed and that no further liability exists on behalf of the parties. The Government also reserves the right under the unilateral close out modification to de-obligate money after full payment has been made to the contractor for their services/materials under this order.

52.202-1 Definitions (JUN 2020)

52.203-3 Gratuities (APR 1984)

52.203-7 Anti-Kickback Procedure (JUN 2020)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020)

52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (JAN 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-5 Women-Owned Business (Other Than Small Business) (Oct 2014) 52.204-6 Unique Entity Identifier (Oct 2016)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (OCT 2020)

52.223-6 Drug Free Workplace (MAY 2001)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications (JUN 2020)

52.227-14 Rights in Data – General (MAY 2014)

52.229-3 Federal, State, and Local Taxes (FEB 2013)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-23 Assignment of Claims (MAY 2014)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

52.242-13 Bankruptcy (JUL 1995)

52.242-15 Stop Work Order (AUG 1989)

GSAM Clauses:

552.212-72 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items (JAN 2022)

DFARS Clauses:

252.203-7000 Requirements Relating to Compensation of Former DOD Officials (SEP 2011)

252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

252.203-7003 Agency Office of the Inspector General (AUG 2019)

252.204-7000 Disclosure of Information (OCT 2016)

252.204-7003 Control of Government Personnel Work Product (APR 1992)

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016)

252.211-7003 Item Unique Identification and Valuation (MAR 2022)

252.211-7008 Use of Government-Assigned Serial Numbers (SEP 2010)

252.232-7010 Levies on Contract Payments (DEC 2006)

252.239-7018 Supply Chain Risk (FEB 2019)

252.243-7002 Requests for Equitable Adjustment (DEC 2012)

Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2022)

(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 (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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

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

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

3509)).

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

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.

657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] _x_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

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

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

_x_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

_x_ (22) (i) 52.219-28, Post Award Small Business Program Representation (Oct 2022) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

_x_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

_x_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_x_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_x_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

_x_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793).

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

_x_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

_x_ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

_x_ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 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.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_x_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

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

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

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

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

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

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

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

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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 (Nov 2021) (41 U.S.C.

3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115- 91).

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds 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.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

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

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

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

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

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

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

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-18 Ordering. (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

Such orders may be issued from date of award and no later than 5 years after award date (depending on option(s) exercised)

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(c) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 Order Limitations. (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 2 each, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of 60 each;

(2) Any order for a combination of items in excess of 301 each; or

(3) A series of orders from the same ordering office within 270 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity. (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after final exercised option delivery period ends plus 270 days.

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.246-2 INSPECTION OF SUPPLIES—FIXED-PRICE (AUG 1996)

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires.

The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time—

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance.

Acceptance shall be conclusive, except for latent defects, from, gross mistakes amounting to from, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

52.232-1 PAYMENTS (APR 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if—

The amount due on the deliveries warrants it; or

The Contractor requests it and the amount due on the deliveries is at least $1,000 or50 percent of the total contract price.

(End of Clause)

52.246-16 RESPONSIBILITY FOR SUPPLIES. (APR 1984)

Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon— Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

Paragraph (b) of this clause shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this clause shall apply.

Under paragraph (b) of this clause, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting.

within the scope of their employment.

52.247-34 F.o.b. Destination (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means-

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee.