Attachment 09 Addenda 52.212-1_52-212.2_ addtl contract terms.docx

Okinawa Scrap SP4500-24-R-0013 Addenda

1.0 ADDENDA TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS

1.1 PERIOD FOR ACCEPTANCE OF OFFERS

FAR 52.212-1(c) is revised as follows: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

1.2 ELECTRONIC (PAPERLESS) PROPOSAL RESPONSE REQUIRED

(a) DLA Disposition Services will not accept paper proposals/offers in response to this solicitation. You are required to submit your offer via email. Offers submitted in paper form are unacceptable and will be returned. You must submit your proposal and any supplemental information (such as spreadsheets, backup data, and technical information), using any of the following acceptable formats:

(1) Files readable using these Microsoft Office Products: WORD, EXCEL, POWERPOINT, or ACCESS. Spreadsheets must be sent in a file format that includes all formulas, macro and format information. Print image (scanned document that cannot show the calculations) is not acceptable.

(2) Files in Adobe PDF (Portable Document Format).

(3) Files in HTML (Hypertext Markup Language): HTML documents must not contain active links to live Internet sites or pages. All linked information must be contained within your electronic offer and be accessible offline.

(4) Other electronic formats: Before preparing your offer in any other electronic format, you must send an e-mail to heidi.mccoy@dla.mil to obtain a decision as to the format’s acceptability. This e-mail must be received no later than ten calendar days before the closing date. Failure to e-mail within this timeframe to seek an alternate format’s acceptability may result in rejection of your submission. All alternate methods must be at no cost to the Government.

(b) Offers are submitted at the Contractor’s risk. DLA Disposition Services cannot guarantee the security of the offer. If you choose to password-protect your offer, you must provide the password before the closing date. Contact heidi.mccoy@dla.mil to arrange a means of providing it. Information technology security software is currently in use which may block transmission of messages/proposals if the email or attachment(s) contain anything that is suspected of containing viruses or malicious content. Offerors shall make every effort to ensure that their submission is virus-free. Submissions (or portions thereof) submitted which do reflect the presence of a virus, or which are otherwise rendered unreadable in their electronic format, shall be excluded from further consideration.

(c) Offerors are advised to verify receipt of their proposal well before the time due for bids, in order to allow time for alternate means of transmission, if needed. Offerors remain responsible for ensuring proposals are received on time. Late rules are outlined in FAR 52.212-1(f).

1.3 BASIC AND OPTION PERIOD UNIT PRICING

(a) Offerors are cautioned against offering more than one price, a range of prices, or a split bid with respect to any contract line item and are advised that, for purposes of this procurement, DLA Disposition Services will consider any such method of pricing to be a material deviation from the bid schedule and/or a nonconforming proposal that will be excluded from further consideration. Offerors must list only one price for any individual CLIN in any single contract period.

(b) Category 1 CLINs are scrap materials with an index value. For CLINs X002 - X025, the offeror must propose a fixed cost unit price for transporting, processing, and disposing of scrap materials released. In addition, offerors must propose a percentage of the appropriate Shigen Shinpou Index (SSI) which shall be used to calculate an amount to be returned to the US Government. The transporting, processing, and disposal fee, as well as the SSI amount to be returned to the US Government, shall be based on total scrap weight removed from the Government facility before processing. The unit of issue for scrap material is pound (LB). Offerors may submit a fixed cost unit price in column E no more than one place past the decimal point (i.e. Y1.5). Standard rounding (down for 0-4, up for 5-9) of the total amount is used for payment purposes. The proposed percentages inserted into the "% of Index" column G for category 1 CLINs must be whole numbers.

For example, assume an offeror proposed Y1.8 for the fixed cost (FC) unit price and 75% for the percent of SSI share for CLIN 0002WA, Iwakuni cardboard. If 1,000 lbs. were removed and the relevant SSI price is Y4 per lb, then the calculation would be as follows:

Fixed Cost Total (C) = A * B.

Index Adjusted Unit Price (F) = -1* [{(D/100)*(-1*E)} - B] Total (G) = A * F

Total Amount in ( ) is an economic benefit to the US Government Total Amount without ( ) is payment to the contractor.

The term “Economic Benefit” is also known as an “Offset” and may be equally interchanged in discussions or correspondence. It is possible for a category 1 CLIN to result in payment to the contractor if the Index price times percent of index is less than the fixed cost.

All offeror price inputs shall be positive values. The Final Unit Price is calculated to account for rates that are economic benefits to the US Government.

The Index Price for Evals in Attachment 11 is the Shigen Shinpou index price from FEB 2024 and will only be used for price evaluation purposes. The actual index prices used during contract performance will vary from month to month and will be based on each month's Shigen Shinpou Index prices.

(b) Category 2 CLINs are scrap materials without an index. For CLINs X026 - X050, a fixed cost unit price is required for all category 2 CLINs, similar to the category 1 CLINs. Offerors have the option of providing a unit price return, resulting in an overall payment to the Government for the CLIN. Offerors are allowed to propose zero as a unit price return.

Example 1: Category 2, fixed price payment to contractor - Offeror inputs fixed cost unit price.

Example 2: Category 2, fixed price benefit to the US Government - Offeror inputs fixed cost unit price (i.e. Y1) and inputs unit price return exceeding cost.

Final Unit Price = Fixed Cost Unit Price minus Unit Price Return.

(c) Zero (¥0) FINAL unit pricing will NOT be accepted. The final unit price on each individual CLIN must be either a positive or negative dollar value. Any proposal submitted containing ¥0.00 final unit pricing will be excluded from further consideration.

1.4 PROPOSAL SUBMISSION FORMAT AND CONTENT

(a) The subject line of the email(s) submitted must read, “OFFER SP450024R0013, COMPANY NAME, Due dayMONTHyear.” The maximum size of each email, including all attachments, shall not exceed 10MB. You may use multiple email messages; however, you must annotate the subject lines in this manner: “Message 1 of 3, 2 of 3, and 3 of 3.”

(b) The following information must be furnished via email with your proposal. Proposals which do not provide the required information may be excluded from further consideration.

(1) The name, CAGE, address, and telephone number of the offeror;

(2) A statement specifying the extent of agreement with all terms, conditions, and provisions included in solicitation SP450024R0013 (in accordance with FAR 52.212-1(b)(11));

(3) The required information in PWS Section 16.1 Contractor Points of Contact (name, title, 24 hour phone number, email address);

(4) A completed Price Schedule, Attachment 11;

(5) Past Performance Information, Attachment 10; and

(6) If applicable, acknowledgment of any amendments.

1.5 PAST PERFORMANCE EVALUATION

(1) The Government will conduct a Performance Confidence Assessment for each offeror based upon submitted current, relevant PPI as it relates to the expectation of the offeror being able to successfully perform the requirement. There are two aspects to this evaluation: (1) The determination of relevance to this solicitation in scope, magnitude and complexity and (2) How well the offeror performed on its contracts. Past performance will be rated on an adjectival scale. Thus, an offeror with a higher confidence assessment rating for past performance will have a higher expectation of meeting the solicitation requirements than a firm with a lower confidence assessment rating. The Government’s subjective evaluation of the overall quality of an offeror’s submitted PPI will be a factor in determining the relative merits of that offeror’s proposal and in selecting for award an offeror whose proposal is considered the best value to the Government.

(2) In addition to using independently submitted and timely questionnaires received in evaluating past performance, the Government may consider information in the offeror’s proposal using readily available information obtained from other sources, including but not limited to the Contractor Performance Reporting System (CPARS), DLA Disposition Services personnel administering DLA Disposition Services contracts, past and present customers and their employees, other government agencies, including state and local agencies, consumer protection organizations and better business bureaus, former subcontractors, and others who may have relevant information. The Government may also consider negative information for contracts that are not included in the offeror’s past performance proposal if it is determined that the offeror did not identify that contract due to performance problems and/or the contract was for hazardous waste disposal services with the same or similar requirements as the solicitation within the last 2 years.

(3) Evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. This is a matter of judgement. Offerors will be given an opportunity to address especially unfavorable reports of past performance, and an offeror’s response, or lack thereof, will be taken into consideration.

(4) In the case of an offeror without an identifiable record of past performance or for whom information on past performance is unavailable and/or a corresponding PPI questionnaire was not independently received by the Government before the date offers are due, the offeror will not be assessed either favorably or unfavorably on Performance Confidence, as the degree of confidence known to the Government cannot be adequately determined and is therefore unknown.

1.6 TECHNICAL PROPOSAL

The technical proposal consists of a Disposal and Transportation Plan.

Format: The Offeror shall submit documentation subject to the requirements in this provision by email in response to this solicitation. The Technical Proposal shall begin with and adhere to the following:

Company Name: The company name shall appear on the title page only. All other references to the company name shall be removed from the Technical Proposal.

Title Page: “Technical Proposal”. The title page of each technical proposal plan shall include the solicitation number of the Request for Proposal (RFP); the company name of the Offeror; and the Offerors’ position regarding disclosure of proprietary or similar proposal data.

The Technical Proposal will consist of, Volume I - Disposal and Transportation Plan.

(a) Disposal and Transportation Plan

The Offeror must identify all proposed transportation, storage, and disposal facilities (TSDF) they will use if awarded the contract and specify the contract line items (CLINs) the proposed facility or facilities will dispose of. If the TSDF is on the Qualified Facilities List (QFL), the Offeror shall provide written documentation from the facility that states they will accept and dispose of waste from the Offeror if awarded the contract. If the proposed facility or facilities are not on the QFL, the Offeror must complete the process on the below link to have the facility or facilities physically inspected and vetted prior to use under the award of this contract https://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx.

The Offeror must use in-country disposal facilities in supporting the hazardous waste disposal contract. Those facilities will be vetted and approved by the US Government prior to their use. Once an Offeror is identified, the Offeror will provide a list of all proposed treatment, storage, and disposal facilities (TSDF) they intend to use to support the disposal of specific contract line items (CLINs) at the facility. The US Government will validate the capability of the facility to dispose of specific CLINs via a review of forms, documents, registration, operation plans, internet research, interviews, and other means available to include visiting a facility. Disposition Services maintains a list of qualified facilities and is updated weekly. The Offeror may choose to use a facility already on the list or if there is no facility on the qualified list located in the country of disposal, a request shall be made to Disposition Services to review the facility. The following documents are required to be submitted in English for reviewing ‘vetting’ a facility If the registration is too large to fully translate, a translated extract may be provided.:

The Offeror will submit a transporter profile sheet for each transporter planned to move waste from U. S. Government locations to TSDFs. Facility and Transporter Profile Sheets are listed in Attachment 12. If the transporter is already approved on the qualified transporter list (QTL) the Offeror shall provide written documentation from the Transporter that they will transport the waste for the Offeror to an approved TSDF if awarded the contract. https://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx

The Offeror will submit a transporter profile sheet for each transporter that will move waste from U. S. Government locations to TSDFs. Facility and Transporter Profile Sheets are listed in Attachment 12. Offeror will use only those transporters listed on the Qualified Transporter List (QTL) provided by Disposition Services. If the transporter is not listed, Offeror shall submit an application and requisite supporting documentation to Disposition Services for review https://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx. The following documents are typically required to be submitted in English for reviewing ‘vetting’ a transporter:

Offeror shall provide the Facility Profile Sheet. A Facility Profile Sheet (Attachment 13) must include a description of the treatment processes used at the facility (CLINs) proposed for disposal at each facility.

Offeror shall provide Transportation Profile Sheet. A Transportation Profile Sheet (Attachment 12) must be completed for each intended transporter. A single transporter may be used for multiple CLINs as permitted. All contract CLINs must have an identified transporter.

1.7 L07 SITE VISIT INSTRUCTIONS (OCT 2016)

(a) A site visit (SV) at DLA Disposition Services Okinawa will be held as follows. No additional site visits will be held.

Date/Time Based on KO & Site Pre-Solicitation, a.m. GST Physical Address Camp Kinser Bldg 340, C Street

SV Coordinator: Primary: Gregory Coulson, Ph: 011-81-042-800-0880, Email: Gregory.Coulson@dla.mil

Interested prospective offerors must make an appointment to visit the site of installation by contacting the site visit coordinator or his or her alternate, during normal work hours/local time at the site. Appointments shall be made at least two working days prior to the site visit date to allow adequate time to process clearances to enter the site. Failure to provide the required notice prior to the site visit date is at the burden of the visitor.

(b) Prospective offerors are notified that remarks or explanations provided during a site visit shall not qualify the terms of this solicitation. Unless and until this solicitation is amended in writing, terms of the solicitation and specifications remain unchanged.

(c) Site visitors requiring interpretation or clarification of technical or contractual requirements included in this solicitation are encouraged to submit their questions and any information obtained during the site visit to the Contracting Officer, by contacting the individual identified on the face of the solicitation.

2.0 ADDENDA TO FAR 52.212-2, EVALUATION

Sections:

2.1 Source Selection Method -- Best Value

2.2 Past Performance Evaluation

2.3 Technical Evaluation

2.1 SOURCE SELECTION METHOD -- BEST VALUE

(a) Trade-off Process – Award will be made to the firm with acceptable Technical - Disposal and Transportation Plan and is determined to be the best value among, Past Performance, and Price. Only offerors with an acceptable Technical – Disposal and Transportation plan will be considered for the best value trade-off. Past Performance will be significantly more important than price. The Government will determine best value on the basis of an assessment of the following factors:

(1) Past Performance factor – The Government will evaluate past performance in accordance with the Past Performance Proposal and Evaluation clause in this solicitation.

(2) Price Factor – The Government will evaluate the offered prices for price reasonableness in accordance with the requirements of FAR 15.404-1.

(b) Options.

(1) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The total evaluated price will be for the base period and any option periods, plus an additional 33% of the value of the last priced performance period in the bid schedule. This additional sum is for evaluation purposes only to address the possible use of FAR 52.217-8, Option to Extend Services, for a period not to exceed 6 months.

(2) Please note that if the 52.217-8 option is exercised, the applicable unit prices for the option will be the same as the immediately preceding period of performance. Therefore, if the option under FAR 52.217-8 is exercised prior to the end of the base period, the unit prices from the base period will be used during the extension period. If the option under FAR 52.217-8 is exercised prior to the end of any option period, the unit prices from the applicable option period will be used during the extension period.

(3) The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

2.2 PAST PERFORMANCE EVALUATION

(1) The Government will conduct a Performance Confidence Assessment for each offeror based upon submitted current, relevant PPI as it relates to the expectation of the offeror being able to successfully perform the requirement. There are two aspects to this evaluation: (1) The determination of relevance to this solicitation in scope, magnitude and complexity and (2) How well the offeror performed on its contracts. Past performance will be rated on an adjectival scale. Thus, an offeror with a higher confidence assessment rating for past performance will have a higher expectation of meeting the solicitation requirements than a firm with a lower confidence assessment rating. The Government’s subjective evaluation of the overall quality of an offeror’s submitted PPI will be a factor in determining the relative merits of that offeror’s proposal and in selecting for award an offeror whose proposal is considered the best value to the Government.

(2) In addition to using independently submitted and timely questionnaires received in evaluating past performance, the Government may consider information in the offeror’s proposal using readily available information obtained from other sources, including but not limited to the Contractor Performance Reporting System (CPARS), DLA Disposition Services personnel administering DLA Disposition Services contracts, past and present customers and their employees, other government agencies, including state and local agencies, consumer protection organizations and better business bureaus, former subcontractors, and others who may have relevant information. The Government may also consider negative information for contracts that are not included in the offeror’s past performance proposal if it is determined that the offeror did not identify that contract due to performance problems and/or the contract was for hazardous waste disposal services with the same or similar requirements as the solicitation within the last 2 years.

(3) Evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. This is a matter of judgement. Offerors will be given an opportunity to address especially unfavorable reports of past performance, and an offeror’s response, or lack thereof, will be taken into consideration.

(4) In the case of an offeror without an identifiable record of past performance or for whom information on past performance is unavailable and/or a corresponding PPI questionnaire was not independently received by the Government before the date offers are due, the offeror will not be assessed either favorably or unfavorably on Performance Confidence, as the degree of confidence known to the Government cannot be adequately determined and is therefore unknown.

2.3 TECHNICAL PROPOSAL EVALUATION

(a) To be rated as “acceptable,” all CLINs must include:

(1) A completed Facility Profile Sheet (Attachment 12) for each firm that will be performing disposal and/or recycling support, and evidence of valid facility registration and/or licenses or confirmation of registration and/or license applications submitted with expected approval date, for ALL the registration/license-required contract line items in the price schedule.

(2) A completed Transportation Profile Sheet (Attachment 13) for each firm that will be performing transportation support, and evidence of valid transportation registration and/or licenses or confirmation of registration and/or license applications submitted with expected approval date, for ALL the registration/license-required contract line items in the price schedule.

3.0 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS

This solicitation incorporates FAR 52.212-5 by reference, with the same force and effect as if it were given in full text.

FAR 52.212-5 *The following clauses cited under 52.212-5(a) are applicable to this acquisition:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25, Prohibition on Contracting for Certain Telecommunications & Video Surveillance Services or Equip 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim *The following clauses cited under 52.212-5(b) are applicable to this acquisition:

52.203-6, Restrictions on Subcontractor Sales to the Government, Alternate I 52.203-13, Contractor Code of Business Ethics and Conduct 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-27, Prohibition on a ByteDance Covered Application 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.222-50, Combating Trafficking in Persons 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13, Restrictions on Certain Foreign Purchases 52.229-12, Tax on Certain Foreign Procurements 52.232-33, Payment by Electronic Funds Transfer --System for Award Management

4.0 ADDITIONAL CLAUSES, CONTRACT TERMS AND CONDITIONS

Sections:

4.1 Clauses That Apply to This Acquisition

4.1.1 Additional Clauses with Fill-In Information That Apply to This Acquisition

4.2 Provisions That Apply to This Acquisition

This solicitation incorporates one or more clauses/provisions by reference, with the same force and effect as if they were given in full text. The full text may be accessed electronically at https://www.ecfr.gov/. Deviations may be accessed electronically at https://www.acq.osd.mil/dpap/dars/class_deviations.html. Upon request, the Contracting Officer will make their full text available. Incorporated clauses/provisions are those in effect through Federal Acquisition Circular 2024-04, effective 05/01/2024.

4.1 CLAUSES THAT APPLY TO THIS ACQUISITION:

Information

Modifications, Alt IV

O0015)

Small Business Concerns

4.1.1 ADDITIONAL CLAUSES WITH FILL-IN INFORMATION THAT APPLY TO THIS ACQUISITION:

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition.

As prescribed in 4.2306(c), insert the following clause:

Federal Acquisition Supply Chain Security Act Orders—Prohibition (DEC 2023)

(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition. (1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of clause)

52.216-18 ORDERING

(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 the award/effective date of the contract through contract expiration.

(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.

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

FAR 52.216-19 ORDER LIMITATIONS

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ¥100,000, 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 ¥20,000,000;

(2) Any order for a combination of items in excess of ¥20,000,000; or

(3) A series of orders from the same ordering office within 5 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 3 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.

FAR 52.216-22 INDEFINITE QUANTITY

(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 the 360th day after contract ends.

FAR 52.217-8 OPTION TO EXTEND SERVICES

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days prior to contract expiration.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(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 60 months.

DFARS 252.232-7006 WIDE ARE WORKFLOW PAYMENT INSTRUCTIONS

(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): Invoice 2in1

(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*

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(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. Brandon.awkerman@dla.mil

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

DFARS 252.225-7967 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL OPERATIONS (DEVIATION 2024-O0006) (FEB 2024)

(a) Definitions. As used in this clause— “Business operations” means knowingly engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other known apparatus of business or commerce. The term does not include—

(ii) “Statement of the G7 and Australia on Price Caps for Seaborne Russian-Origin Petroleum Products Berlin, Brussels, Canberra, London, Ottawa, Paris, Rome, Tokyo, Washington”, issued on February 4, 2023, between such members, if such…