Attachment 1_SOW_CBFC 5-19-22.pdf
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- Children's Barrier Face Coverings
- Solicitation number
- SPE4AX-22-R-0024
- Issued by
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Defense Logistics Agency Aviation
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SPE4AX-22-R-0024
This a Request for Proposal (RFP) SPE4AX-22-R-0024, for the purchase of “Children’s Barrier Face Coverings” as set forth in the below specification. The Department of Health and Human Services (HHS) has a requirement for minimum of 25,000,000 each of the above-cited item, and up to 75,000,000 of the above-cited item, contingent on available funds.
This solicitation is prepared in accordance with FAR 6.203 and is intented to be awarded as a commercial acquisition using FAR 12 procedures. This announcement constitutes the only solicitation. Proposals are being requested with best delivery and pricing. This commercial acquisition will be executed in support of the COVID-19 American Rescue Plan. The acquisition is being competed among all small business types pursuant to Federal Acquisition Regulation 6.2, Full and Open Competition After Exclusion of Sources.
SUBMISSION INSTRUCTIONS:
Proposals shall be submitted by the time and date set forth in Section L below by electronic mail to the following email:
AVN.A.WORKFLOW@DLA.MIL
Requesting unit pricing and delivery to be completed in the Excel Spreadsheet providing under Section B, Attachment 1. It is the Offeror’s responsibility to ensure that the proposal is received prior to the time and date specified in the solicitation. See Section L for additional instructions.
SECTION C - STATEMENT OF WORK
I. Contract Scope
The U.S. Government is interested in establishing multiple awards for immediate purchase of Child/Youth CBFCs—hereafter referred to as “Children’s Barrier Face Coverings (CBFCs)”—for use in indoor settings. These CBFCs will be incorporated into the on-going national mask distribution initiative. The Government is concerned about the risks of disruption of any manufacturing facilities or supply chains located outside of the United States.
CBFCs must be compliant with FY22 NDAA section 802 and be Berry Compliant. Offerors are advised to pay special attention to the instructions regarding manufacturing capability and/or supply chains located outside of the United States, as well as the evaluation criteria related to manufacturing capability and foreign supply chains.
The Government is concerned about the risks related to excessive pricing of critical Personal Protective Equipment (PPE) and intends only to acquire PPE at prices that it can determine are fair and reasonable.
Period of Performance. The Government anticipates establishing multiple firm-fixed price, definite quantity type contracts for an estimated maximum total of 75 million CBFCs during the contract period. The Period of Performance for all contracts will be from contract award to 90 days after contract award . The evaluation method will be best value evaluation procedures of offerors who have been determined responsible IAW FAR
9.1 and are compliant to the solicitation instructions including product verification testing requirements.
II. CBFC Specifications
The Contractor, as an independent organization and not as an agent of the Government, shall furnish all labor, mailto:AVN.A.WORKFLOW@DLA.MIL materials, supplies, facilities, equipment, transportation and travel necessary to deliver the following acceptable CBFCs:
1. The offeror shall provide a single-use, disposable, half-mask CBFCs that cover the user’s airway (nose and mouth) and offers protection from particulate materials at a level equivalent to or exceeding N95 proficiency. The CBFCs shall meet or exceed the ASTM F3502-21 Level 2 performance for filtration efficiency with an exception to the standard that the CBFC shall have a filtration efficiency of not less than 95% and Level 1 performance for air flow resistance (<15mm H2O) and shall cover the user’s face from the bridge of the nose to chin and fit snugly but comfortably against the side of the face. Other features of a compliant CBFCs required by ASTM F3502-21 include but are not limited to:
i. The CBFC shall meet the design requirements of Section 5 of ASTM F3502-21 for general construction, use of non-irritating and non-toxic materials, flammability, retention to the face, and leakage assessment. The Offeror shall provide the Government a copy of the product design analysis performed that indicates the design approach taken to minimize leakage (improve the fit) of the CBFC
ii. The CBFCs shall be “one-size-fits most,” and shall have facial dimensions (face length and face width) that ensure a proper fit for school-aged children.
iii. The CBFCs shall have comfortable and effective fit for all wearers straight out of the package, without requiring additional training, testing, or modification.
iv. The CBFCs shall feature adjustable ear loops or head straps, made of elastic or other textile materials, for safely securing the CBFC to the user’s face.
v. The CBFCs shall be manufactured with materials and construction that permits breathing without restriction and shall not restrict the user’s vision or movement. The CBFCs shall be designed to minimize product leakage around the perimeter, including at the nose bridge;
design features can include but are not limited to: malleable inserts of aluminum or other materials that, if incorporated, have fully radius edges and corners and mold the device rim to the face; margin surfaces that provide a comfortable air-seal against the face, such as elastic strips; stretch textiles and shaped elements like foam that promote conformation to the face.
vi. The CBFCs shall not pose any hazard to the user, nor shall they exude any detectable odor, and shall be capable of being donned and doffed quickly.
vii. The CBFCs shall not contain anti-microbial or anti-viral finishes or chemicals and contains no latex
2. The manufacturer shall self-certify that the CBFC meets all the Model A requirements in ASTM Guide F3050 that address testing/inspection facilities, a quality management system, records retention, ongoing conformity, recalls and safety alerts, and marking. The manufacturer shall certify compliance with all design, performance, reporting, labeling, user information, and conformity assessment requirements in this specification.
3. Colors: CBFCs may be provided in various colors; for each color proposed, the following third-party testing certification is required.
4. Testing Certification applies to all CBFCs, including CBFCs provided in various colors. The Offeror shall provide to the Government copies of all test reports required in this solicitation. Performance requirements in Section 6 of ASTM F3502-21 shall be performed by competent, independent 3rd party laboratories accredited to ISO/IEC 17025, and the testing performed must be within the scope of the laboratory’s ISO/IEC 17025 accreditation.
III. Packaging and Labeling
1. Packaging. CBFCs shall be either individually wrapped or wrapped in packs of three. The individually packaged CBFCs or 3-packs of CBFCs may be shipped in larger outside containers.
Shipping containers shall comply with standard commercial practices. The Contractor may provide user instructions or literature correlating the size of their product to the facial size of intended users.
Additionally, the following requirements apply:
i. All shipments will include packing slips which will list the contract number, item description, shelf life, model number, lot numbers, quantities, and storage requirements.
ii. No Partial Case or Packages quantities will be accepted. Full case quantities only.
iii. No Mixed Lot #'s per Case or per Packages will be accepted. One lot number will be used per pallet. The last pallet may contain multiple lot numbers per order. Lots must be clearly identified.
iv. Duplicate lots should only have one expiration date (i.e., the same two lot numbers should not have different expiry dates).
v. No mixed sizes (e.g., extra smalls, smalls, mediums, etc. mixed on one pallet) will be accepted.
vi. All pallets are to have the identical Ti-Hi stack pattern except for the final pallet.
vii. All product to be delivered on standard 48" by 40" pallet, not to exceed 60” in height, stretch wrapped and secured to pallet for safe transport.
viii. Contractor shall contact the designated point of contact (POC) (for the respective address items are being delivered to) to schedule delivery appointments NLT 48 hours prior to shipping any product but as far in advance as possible (delivery times are Mon – Fri 8:00
AM – 3:30 PM).
ix. At time of delivery, provision of shelf life or expiry dating data will need to be provided.
x. For products with an issued NSN, product cases shall have applicable NSN annotated on case and inner packages' labels.
xi. Vendors will be required to sign an Non-Disclosure Agreement (NDA).
2. Labeling requirements: Section 10 of ASTM F3502-21 describes labeling requirements. In lieu of applying the label requirements of ASTM F3502-21, Section 10.1.1 to each CBFC, the labeling requirements shall be as follows:
i. On the outer case: the Offeror shall propose that each CBFC shall have at a minimum:
identity of the product (what is it), intended use/indications for use, size, net quantity, direction for use, the lot number, item or part number, manufacturer’s name and place of business, including country of origin, and product name, expiration date or manufactured on date.
ii. On the inner carton (if there is one): the Offeror shall propose that each CBFC shall have at a minimum: identity of the product (what is it), intended use/indications for use, size, net quantity, direction for use, the lot number, item or part number, manufacturer’s name and place of business, including country of origin, and product name, expiration date or manufactured on date.
iii. On the mask: the Offeror shall propose that each CBFC shall have at a minimum: the manufacturer’s name, identification, designation, or logo. Each item shall be labeled
“CBFC”.
iv. All labeling must be in English.
v. Expiration dates or manufactured on dates formatted by year (4 digits) – month (2 digits)-day (2 digits): (yyyy)-(mm)-(dd).
IV. Inspection & Acceptance (I/A)
1. I/A Origin: The contract shall be issued as I/A at Origin. Transactions will be evidenced by the local Defense Contract Management Agency (DCMA) electronically-signed received report in Wide-Area Work Flow (WAWF) after physical inspection of product at supplier’s facility. DCMA will be delegated to accept payment invoicing in WAWF.
V. Deliveries
1. Delivery Location & Scheduling: The Contractor shall deliver F.O.B. Destination to a designated government facility within the Continental United States. The delivery address(es) will be provided at time of award; however, for purposes of estimating shipping costs, the shipping locations will be Southaven, MS; Ft Worth, TX; and/or Ellabell, GA. Contractor shall contact the designated point of contact (POC) to schedule delivery appointments.
2. Shipping Frequency: The Government requirement is that the manufacturer or supplier, to the extent possible and economical, ship product on a regular basis within the following timeframes:
(1) deliver at least 25% of the proposed CBFCs to specified locations within the U.S. or its territories, within 30 calendar days of contract award, (b) deliver at least 50% more of the proposed CBFCs within 60 calendar days of contract award; and (c) deliver the remaining quantity within 90 calendar days of contract award. For example, if the contract award is for 10,000,000 CBFCs, 2,500,000 would be delivered within 30 days, another 5,000,000 (total of 7,500,000) would be delivered within 60 days, and the remain 2,500,000 (total of 10,000,000) within 90 days. At award, this section will be replaced with the agreed-to delivery schedule.
3. Rejection of Supplies. Upon tender, delivered CBFCs may be rejected if any of the following defects are discovered at inspection:
1. Appearance: CBFC not symmetrical, any hem twisted
2. Material defects: Hole, cut, tear, smash, burn, exposed drill hole, thin place, needle chew, visible
Mends, Knots, Slubs.
3. Cleanliness: Any spot or stain or odor
4. Component and assembly: Any component part misplaced or required operation omitted, not as specified, distorted, full, tight or twisted. Any defective components
5. Shaded parts: Badly shaded parts, Shade variation within part or between parts.
6. Packaging and labeling: Any CBFC not packaged and labeled in accordance with contract or purchase order
7. Product delivered shall have at least 75% of the shelf life remaining at time of delivery, with a minimum 12-month shelf life remaining if there is a shelf life. If there is no shelf life, items shall have been manufactured within the last 6 months prior to delivery
VI. Administrative deliverables
Deliverable Format/Deliver to Date
Kick-Off Meeting Notes Should contain a detailed overview of the discussion. (OPTIONAL)
Electronic copy of Kick-Off Meeting Notes – COR
Within 5 days of meeting being held
Delivery Documents Scan and email to COR/POC 5 Business Days Prior to Delivery
Packing Slips Scan and email to COR/POC 48 hours after delivery
Periodic Report(s) Status of production activity during period of performance.
Bi-weekly and/or as required by the government.
Final Report Summary of all deliveries under performance of this contract.
Within 5 business days from final delivery or end of contract, whichever comes first.
SECTION D - PACKAGING AND LABELING
See Section B.III above.
SECTION E - INSPECTION AND ACCEPTANCE
See Section B.IV above.
SECTION F - DELIVERIES
See Section B.V above.
SECTION I - CONTRACT CLAUSES
See Attachment 2 (RFP Clauses) & Attachment 3 (Clause Fill-Ins); Please note titles and date of FAR 52.212-1, , -2, -3 and -4 have changed
SECTION L – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS
Addendum to FAR 52.212-2
The Offeror shall not propose more than 75M Children’s Barrier Face Coverings, not including options.
Proposals will be submitted in two parts: Written Proposals and Product Demonstration Models (PDMs).
Written proposals are due by 5:00 PM EST on Wednesday 6/1/2022. Written proposals shall be submitted by email to: AVN.A.WORKFLOW@DLA.MIL. Written proposals shall include (1) the solicitation, any subsequent amendments, and proposal submission form; a Technical proposal; a Delivery Proposal; and a Price proposal.
PDMs shall be received no later than 5:00 PM EST on 6/1/2022. Timeliness of an offeror's submissions will be based upon the following:
- the timeliness of the written proposal will be based upon the receipt time stamp on the email address's inbox.
- the timeliness of the PDMs will be based on the date/time listed in the tracking information provided by the offeror. Tracking information MUST clearly indicate that the carrier had taken receipt of the PDM package(s), no later than, 17:00 PM EST on the closing date 6/1/2022 of this subject solicitation, in order for the PDM to be considered as having been submitted on-time. Offerors shall submit delivery tracking information to the contracting officer no later than 5:00 PM EST on Wednesday 6/1/2022 using the email address referenced above. There will be a two (2) calendar day grace period for delivery of PDMs with tracking showing the carrier had taken receipt of the PDM package(s) prior to 6/1/2022 and all PDMs must be received on or before 17:00 PM EST on 6/3/2022.
Offerors who fail to meet these submission requirements will be considered late and the offeror's proposal will not be considered for award.
I. Technical Proposals: Offerors shall submit the following to demonstrate Children’s Barrier Face Coverings meet the requirements of the SOW.
(1) Certifications: The offeror must certify to the following:
a. Children's Barrier Face Coverings meets Model A requirements of ASTM Guide F3050
b. For each color of Children’s Barrier Face Coverings offered, Children’s Barrier Face Coverings meets requirements of Section 5 of ASTM F3502-21
c. Children’s Barrier Face Coverings is Non-toxic
Offerors shall certify whether the Children’s Face Barriers they propose comply with the Berry Amendment, specifically that the Face Barriers are produced in the United States exclusively with materials and components that are produced in the United States. If one or more materials or components are produced outside the United States, the offeror shall identify for each such material or component: (1) the material or the component, (2) the identity of the country where the material or component is produced; and (3) the approximate percentage of cost the non-United States-produced material or component represents as a part of the all the costs of Face Barrier.
There is no prescribed form or format for these certifications. The only requirement is the certifications should be signed by an Offeror official who has authority to bind the Offeror. False or inaccurate certifications are subject to the False Claims Act.
(2) Pursuant to Section 802 of the National Defense Authorization Act for Fiscal Year 2022, the Department of Defense may not purchase personal protective equipment that is produced in whole or in part in China, Russia, North Korea or Iran. Offerors must certify that the Children's Face Barriers are not produced in China, Russia, North Korea or Iran by checking the appropriate boxes below:
The face barrier offered is ( ) is not ( ) produced in China, Russia, North Korea or Iran.
The components of the face barriers offered are ( ) are not ( ) not produced in China, Russia, North Korea, or Iran.
(3) The offeror shall submit Test Reports from 3rd-party testing facility showing Children’s Barrier Face Coverings meets requirements of Section 6 of ASTM F3502-21.
(4) Product Demonstration Models (PDMs): As part of the proposal, the contractor shall submit a sample set of complete Children’s Barrier Face Coverings in each proposed size along with product specification sheets, to the Government for product verification testing. The Government will perform product verification testing of to verify the Children’s Barrier Face Coverings meet the standards for filtration efficiency and air flow resistance, pursuant to SOW Section II (1). The PDM sample set will not be returned to the contractor and will not be included in the delivery quantities.
Shipping address for the PDMs:
NIOSH/NPPTL
Evaluation and Testing Branch/ATTN: Matt Duling 1000 Frederick Lane
Morgantown, WV 26508
All product demonstration models (PDM) or valid PDM tracking are due by 5:00 PM EST 6/1/2022. Hand deliveries are not authorized and due to COVID-19; only USPS, UPS and FedEx are authorized to make deliveries. It is solely the offerors responsibility to ensure its product demonstration models (PDMs) are received on time.
The PDM sample set will not be returned to the contractor and will not be included in the delivery quantities.
(5) Offers who are distributors from must include either a demonstration that Children’s Barrier Face Coverings are available from existing inventory or provide a Letter of Commitment from the Manufacturer to be considered for award.
(6) Offerors must demonstrate that existing stocks intended for delivery will meet, at time of delivery the shelf-life requirements outlined in SOW Section VII (3)(7).
II. Past Performance Information (Supplier Performance Risk System - SPRS). SPRS (formally known as The Past Performance Information Retrieval System - PPIRS) is the Department of Defense's single, authorized application to retrieve suppliers' performance information. SPRS is web-enabled enterprise application that gathers, processes, and displays data about the performance of suppliers. The Defense Federal Acquisition Regulation Supplement (DFARS) Subpart 213.1 requires contracting officers to consider this data for supply contracts valued at less than or equal to $1 million.
SPRS compiles supplier's past performance data in areas of product delivery and quality to determine risks and creates a Supplier Risk Score used by procurement specialists. The quality and delivery classifications identified for a supplier in SPRS will be used by the contracting officer to evaluate a supplier's past performance.
It is imperative that vendors validate their performance data in SPRS. Vendors must register at the SPRS website https://www.sprs.csd.disa.mil/access.htm for access to view their past performance scores and negative delivery and quality records affecting the scores. The SPRS User's Manual provides information concerning vendor scoring, negative & positive performance data utilized to calculate vendor scores, and the process in which to challenge discrepant performance data. The SPRS User's Manual may be found at http://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf. Questions concerning SPRS may be directed to the SPRS Customer Support Desk at (207) 438-1690.
Offerors are not required to submit any additional past performance information.
III. Delivery and Shipping Frequency:
The offeror shall identify the total number of Children’s Barrier Face Coverings it can deliver within 90 days after award, along with a schedule identifying the quantities available for shipping in phases from the date of award to 90 days after award, as follows: (1) deliver at least 25% of the proposed Children’s Barrier Face Coverings to specified locations within the U.S. or its territories, within 30 calendar days of contract award, (b) deliver at least an additional 50% of the proposed Children’s Barrier Face Coverings within 60 calendar days of contract award;
and (c) deliver the remaining quantity within 90 calendar days of contract award. For example, if the contract award is for 10,000,000 Children’s Barrier Face Coverings, a minimum of 2,500,000 would be delivered within 30 days, another minimum of 5,000,000 (total of 7,500,000) would be delivered within 60 days, and the remaining 2,500,000 (total of 10,000,000) within 90 days. If the Offeror is unable to meet these timeframes, the Government requests a proposed timeline it can meet, but no later than 90 days after contract award.
IV. Price.
Offerors shall propose a single unit price per delivered Children’s Barrier Face Coverings. The pricing may specify different unit prices for different quantity ranges or different pricing for deliveries within 30, 60 or 90 days after award. All pricing shall include any associated transportation charges.
SECTION M – EVALUATUION OF OFFERORS
Addendum to FAR 52.212-2
The Government intends to make up to three awards to offerors who can deliver in aggregate 75 million Children’s Barrier Face Coverings within 90 days after award. To enhance competition, the Government intends that no single award will be for more than 50 million Children’s Barrier Face Coverings; however, the Government reserves the right to award a single contract exceeding 50 million Children’s Barrier Face Coverings if best value offers do not exceed 75 Million in aggregate.
The Contracting Officer reserves the right to award, at their sole discretion, more or less than the target based upon requirements and available funding. In the event that award to an Offeror would exceed the approximately 75M CBFCs, the Contracting Officer may, at their sole discretion, either: 1) Award the full quantity proposed, subject to availability of funding and Government requirements; or 2) communicate the reduction in quantity to the Offeror and request: a) confirmation that the Offeror will accept a lower quantity at the same proposed price or b) that the Offeror desires to withdraw its proposal. In the event that an Offeror decides to withdraw its proposal, award will be made to the next Offeror in line for award under the criteria set forth above. The Contracting Officer will determine if offerors are responsible in accordance with FAR Subpart 9.1. Proposals received from Offerors determined to be not responsible pursuant to FAR Subpart 9.1 shall not be considered for award.
Offerors will be evaluated on a best value basis considering technical acceptability, past performance, delivery and price. The government will first evaluate the Offerors’ technical proposals and eliminate any offeror whose technical proposal is unacceptable. Among those offerors who are technically acceptable, the government will then evaluate Past performance for acceptability. Offerors who are technically unacceptable or who have an unacceptable record of past performance will not be considered for award. Among offerors who are technically acceptable and have acceptable past performance, offers with be evaluated for best value, based on a trade-off between delivery and price, with price being significantly less than important than delivery. Award may be made to higher price offerors who offer better delivery schedules.
The Government intends to award only to suppliers whose products comply with the Berry Amendment; that is, only offerors whose face barriers are produced in the United States with materials and components that are also produced in the United States are eligible for award. However the Government reserves the right to award to non-Berry compliant offers if there are an insufficient number of Face Barriers that comply with the Berry Amendment and meet the requirements of this solicitation.
The Government will first perform a Compliance check to ensure that each Offeror has submitted the information required by FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS and the Addendum to FAR 52.212-1. Any proposal determined to be not compliant will not be further considered for award.
1. Technical. Technical proposals will be evaluated on an acceptable/unacceptable basis. Only offerors who are technically acceptable will be eligible for award. Technical Acceptability will be based on the following:
a) Offeror certifies that Children’s Barrier Face Coverings meets the requirements of Model A requirements of ASTM Guide F3050
b) Offeror certifies Children’s Barrier Face Coverings meets the requirements of Section 5 of ASTM F3502-21
c) Offeror certifies Children’s Barrier Face Coverings is non-toxic
d) Any offeror who certifies that the face barriers offered are produced in China, Russia, North Korea or Iran will be considered technically unacceptable. Similarly, an offeror who certifies that the face barriers offered contain components that are produced in China, Russia, North Korea or Iran will be considered technically unacceptable.
e) Offeror submits test reports from 3rd party testing facilities demonstrating the Children’s Face Barriers meet section 6 of ASTM F3502-21.
f) Offeror’s Product Demonstration Models. The Government will use ASTM test reporting documents as referenced in the F3502 standard. These test reports will identify whether the offeror meets the standards for filtration efficiency and air flow resistance, pursuant to SOW Section II (1).
g) If the offeror is a non-manufacturer, the offeror either (1) must demonstrate it has proposed quantities in existing inventory; or (2) provide a letter of commitment from a manufacturer that it can produce the proposed quantities in time to meet the offeror’s proposed delivery(ies).
h) Offeror demonstrates Children’s Barrier Face Coverings meets the shelf-life requirements at time of delivery.
2. Past Performance. For evaluation of proposals, the Government will review each offeror's Supplier Performance Risk System (SPRS) overall scores. Offers will be rated in past performance on an acceptable/unacceptable basis.
An offeror's past performance will be evaluated for acceptability by using the overall SPRS scores ONLY. If the offeror is using a subcontractor, this information will also be obtained for the subcontractor and the average of the prime contractor and subcontractor's rating will be applied. If no information exists, the offeror's past performance will be considered acceptable in accordance with DoD Source Selection Procedures dated March 31, 2016 as required for this evaluation factor when utilizing technically acceptable methods. To be eligible for award, an offeror must have acceptable past performance, defined as follows:
ACCEPTABLE: Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown.
UNACCEPTABLE: Based on the offeror's performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.
3. Delivery. Technically Acceptable Offerors who also have acceptable past performance will be evaluated based on the amount of Children’s Face Barriers they can deliver as early as possible. Offerors who can deliver larger quantities sooner after award will be preferred over offers who can deliver fewer quantities or further from the award date.
4. Price. Offerors will be evaluated on a price per unit delivered basis for reasonableness.
Attachments:
1) Offeror Submittal (Price & Delivery Spreadsheet)
2) RFP Clauses
3) Clause Fill-Ins
Offeror Submittal
INSTRUCTIONS: FILL IN HIGHLIGHTED CELLS
CONTRACT LINE ITEM NUMBER SUPPLIES/SERVICES Proposed Delivery (Days) Proposed Quantity UNIT OF ISSUE (Specify EACH "EA" OR PACKAGE of 3 "PG") UNIT PRICE (Specify EACH OR PACKAGE of 3) AMOUNT
0001 $0.00
Children's Barrier Face Covering (CBFC)
Firm-Fixed Price
Item in accordance with the SOW specifications.
FOB: Destination
INSPECTION: Origin
ACCEPTANCE: Origin
DELIVERY: 30 days ARO
CONTRACT LINE ITEM NUMBER SUPPLIES/SERVICES Proposed Delivery (Days) Proposed Quantity UNIT OF ISSUE (Specify EACH "EA" OR PACKAGE of 3 "PG") UNIT PRICE (Specify EACH OR PACKAGE of 3) AMOUNT
0002 $0.00
Face Barrier for school-aged children
Firm-Fixed Price
Item in accordance with the SOW specifications.
FOB: Destination
INSPECTION: Origin
ACCEPTANCE: Origin
DELIVERY: 60 days ARO
CONTRACT LINE ITEM NUMBER SUPPLIES/SERVICES Proposed Delivery (Days) Proposed Quantity UNIT OF ISSUE (Specify EACH "EA" OR PACKAGE of 3 "PG") UNIT PRICE (Specify EACH OR PACKAGE of 3) AMOUNT
0003 $0.00
Face Barrier for school-aged children
Firm-Fixed Price
Item in accordance with the SOW specifications.
FOB: Destination
INSPECTION: Origin
ACCEPTANCE: Origin
DELIVERY: 90 days ARO
NET AMOUNT $0.00
**Unit of Issue - Evaluations will be based on a per item basis (including shipping costs). Please specify pricing based on EACH or PG (3 EACH) above. If proposed in PG, evaluator will divide proposed price by 3 to estimate an EACH price.
EXAMPLE
EXAMPLE
CONTRACT LINE ITEM NUMBER SUPPLIES/SERVICES QUANTITY UNIT OF ISSUE (Specify EACH "EA" OR PACKAGE of 3 "PG") UNIT PRICE AMOUNT
0001 15,000,000 EA 0.75 $11,250,000.00
Face Barrier for school-aged children
Firm-Fixed Price
Item in accordance with the SOW specifications.
FOB: Destination
INSPECTION: Origin
ACCEPTANCE: Origin
DELIVERY: 30 days ARO
CONTRACT LINE ITEM NUMBER SUPPLIES/SERVICES QUANTITY UNIT OF ISSUE UNIT PRICE AMOUNT
0002 15,000,000 EA 0.75 $11,250,000.00
Face Barrier for school-aged children
Firm-Fixed Price
Item in accordance with the SOW specifications.
FOB: Destination
INSPECTION: Origin
ACCEPTANCE: Origin
DELIVERY: 60 days ARO
CONTRACT LINE ITEM NUMBER SUPPLIES/SERVICES QUANTITY UNIT OF ISSUE UNIT PRICE AMOUNT
0003 15,000,000 EA 0.75 $11,250,000.00
Face Barrier for school-aged children
Firm-Fixed Price
Item in accordance with the SOW specifications.
FOB: Destination
INSPECTION: Origin
ACCEPTANCE: Origin
DELIVERY: 90 days ARO
NET AMOUNT $33,750,000.00
**Unit of Issue - Evaluations will be based on a per item basis (including shipping costs). Please specify pricing based on EACH or PG (3 EACH) above. If proposed in PG, evaluator will divide proposed price by 3 to estimate an EACH price.
Clauses Table
Regulation Number Title Date UCF Fill-in
DFARS 252.201-7000 Contracting Officer's Representative Dec-1991 I
DFARS 252.203-7000 Requirements Relating To Compensation Of Former Dod Officials Sep-2011 I
DFARS 252.203-7002 Requirements To Inform Employees Of Whistleblower Rights Sep-2013 I
DFARS 252.203-7003 Agency Office Of The Inspector General Dec-2012 I
DFARS 252.203-7005 Representation Relating To Compensation Of Former Dod Officials Nov-2011 L
DFARS 252.204-7000 Disclosure Of Information Oct-2016 I
DFARS 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls Oct-2016 I
| DFARS | 252.204-7012 | Safeguarding Covered Defense Information And Cyber Incident | |
| Reporting | Oct-2016 | i |
DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support May-2016 I
DFARS 252.205-7000 Provision Of Information To Cooperative Agreement Holders Dec-1991 I
DFARS 252.211-7003 Item Unique Identification And Valuation Mar-2016 I G
DFARS 252.211-7004 Alternate Preservation, Packaging, And Packing Dec-1991 D
DFARS 252.211-7005 Substitutions For Military Or Federal Speifications And Standards Nov-2005 I C
DFARS 252.211-7006 Passive Radio Frequency Identification Jun-2016 D G
DFARS 252.211-7007 Reporting Of Government- Furnished Property Aug-2012 I
DFARS 252.211-7008 Use Of Government-Assigned Serial Numbers Sep-2010 I
DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluation Sep-2019 I
DFARS 252.216-7006 Ordering May-2011 I G
DFARS 252.222-7007 Representation Regarding Combating Trafficking In Persons Jan-2015 I
DFARS 252.223-7008 Prohibition Of Hexavalent Chromium Jun-2013 I
DFARS 252.225-7001 Buy American And Balance Of Payments Program Dec-2016 I
DFARS 252.225-7002 Qualifying Country Sources As Subcontractors Dec-2016 I
DFARS 252.225-7009 Restriction On Acquisition If Certain Articles Containing Specialty Metals Oct-2014 I
DFARS 252.225-7012 Preference for Certain Domestic Commodities Dec-2017
DFARS 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools Jun-2005
DFARS 252.225-7016 Restriction On Acquisition Of Ball And Roller Bearings Jun-2011 I
DFARS 252.225-7027 Restriction On Contingent Fees For Foreign Military Sales Apr-2003 I G
DFARS 252.225-7028 Exclusionary Policies And Practices Of Foreign Governments Apr-2003 I
DFARS 252.225-7048 Export Controled Items Jun-2013 I
DFARS 252.227-7015 Technical Data - Commercial Items Feb-2014 I
DFARS 252.232-7003 Electronic Submission Of Payment Requests Jun-2012 I
DFARS 252.232-7006 Wide Area Workflow Payment Instructions (Deviation) May-2013 I B
DFARS 252.232-7010 Levies On Contract Payments Dec-2006 I
DFARS 252.243-7001 Pricing Of Contract Modifications Dec-1991 I
DFARS 252.243-7002 Certification Of Requests For Equitable Adjustment Dec-2012 I C
DFARS 252.245-7001 Tagging, Labeling, And Marking Of Gov’T-Furnished Property Apr-2012 I
DFARS 252.245-7002 Reporting Loss Of Government Property Apr-2012 I
DFARS 252.245-7003 Contractor Property Management System Admin Apr-2012 I
DFARS 252.245-7004 Reporting, Reutilization, And Disposal Sep-2016 I
DFARS 252.246-7000 Material Inspection And Receiving Report Mar-2008 E
DFARS 252.246-7003 Notification Of Potential Safety Issues Jun 2013 Jun-2013 I
DFARS 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System Aug-2016 I
DFARS 252.247-7022 Representation Of Extent Of Transportation By Sea Aug-1992 K C
DFARS 252.247-7023 Transportation Of Supplies By Sea - Basic Apr-2014 I C
DFARS 252.247-7024 Notification Of Transportation Of Supplies By Sea Mar-2000 I
DFARS 252.251-7000 Ordering From Government Supply Sources Aug-2012 I
FAR 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions. Sep-2007 K
FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation Jan-2017 A
FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan-2017 A
FAR 52.204-10 Reporting Executive Compensation And First-Tier Subcontract Awards. Oct-2016 I
FAR 52.204-13 System For Award Management Maintenance. Oct-2016 I
FAR 52.204-16 Commercial And Government Entity Code Reporting. Jul-2016 L
FAR 52.204-17 Ownership Or Control Of Offeror. Jul-2016 K
FAR 52.204-18 Commercial And Government Entity Code Maintenance. Jul-2016 L
FAR 52.204-19 Incorporation By Reference Of Representations And Certifications. Dec-2014 K
FAR 52.204-20 Predecessor of Offeror Jul-2016 K C
FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems Jun-2016 I
FAR 52.204-4 Printed Or Copied Double-Sided On Postconsumer Fiber Content Paper. May-2011 I
FAR 52.204-7 System For Award Management. Oct-2017 L
FAR 52.204-9 Personal Identity Verification Of Contractor Personnel. Jan-2011 I
DLAD 52.204-9000 Contractor Personnel Security Requirements Jul-2015 I
FAR 52.207-4 Economic Purchase Quantity—Supplies. Aug-1987 K C
FAR 52.209-10 Prohibition On Contracting With Inverted Domestic Corporations. Nov-2015 I
FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law Feb-2016 K C
FAR 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations—Representation. Nov-2015 K
FAR 52.209-3 First Article Approval—Contractor Testing. Sep-1989 I G
FAR 52.209-3 ALT I First Article Approval—Contractor Testing. Jan-1997 I G
FAR 52.209-4 First Article Approval—Government Testing. Sep-1989 I G
FAR 52.209-4 ALT 1 First Article Approval—Government Testing. Jan-1997 I G
FAR 52.209-6 Protecting The Government’S Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment. Oct-2015 I
FAR 52.209-7 Information Regarding Responsibility Matters. Jul-2013 K C
FAR 52.211-14 Notice Of Priority Rating For National Defense, Emergency Preparedness, And Energy Program Use. Apr-2008 L G
FAR 52.211-15 Defense Priority And Allocation Requirements. Apr-2008 I
FAR 52.211-16 Variation In Quantity. Apr-2008 F G
FAR 52.211-17 Delivery Of Excess Quantities. Sep-1989 F
FAR 52.212-1 Instructions To Offerors—Commercial Items. Jan-2017 L
FAR 52.212-2 Evaluation—Commercial Items. Oct-2014 M G
FAR 52.212-3 Offeror Representations And Certifications—Commercial Items. Jan-2017 K C
FAR 52.212-3 ALT I Offeror Representations And Certifications—Commercial Items. Oct-2014 I C
FAR 52.212-4 Contract Terms And Conditions—Commercial Items. Jan-2017 I
FAR 52.212-4 ALT I Contract Terms And Conditions—Commercial Items. Jan-2017 I
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items Jan-2017 I G
FAR 52.214-34 Submission Of Offers In The English Language. Apr-1991 L
FAR 52.214-35 Submission Of Offers In U.S. Currency. Apr-1991 L
FAR 52.215-20 Requirements For Certified Cost Or Pricing Data And Data Other Than Certified Cost Or Pricing Data. Oct-2010 L
FAR 52.215-20 ALT II Requirements For Certified Cost Or Pricing Data And Data Other Than Certified Cost Or Pricing Data. Oct-1997 L
FAR 52.215-21 Requirements For Certified Cost Or Pricing Data And Data Other Than Certified Cost Or Pricing Data—Modifications. Oct-2010 I
FAR 52.215-6 Place Of Performance. Oct-1997 K C
FAR 52.215-8 Order Of Precedence—Uniform Contract Format. Oct-1997 I
FAR 52.216-1 Type Of Contract Apr-1984 L G
FAR 52.216-19 Order Limitations Oct-1995 I G
FAR 52.216-21 Requirements Oct-1995 I G
FAR 52.217-3 Evaluation Exclusive of Options Apr-1984 M
FAR 52.219-10 Incentive Subcontracting Program Oct-2014 I G
FAR 52.219-16 Liquidated Damages -- Subcontracting Plan Jan-1999 I
FAR 52.219-28 Post-Award Small Business Program Rerepresentation Jul-2013 I C
FAR 52.219-8 Utilization of Small Business Concerns Nov-2016 I
FAR 52.222-22 Previous Contracts and Compliance Reports Feb-1999 K C
FAR 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation. Feb-1999 L
FAR 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving Aug-2011 I
FAR 52.225-13 Restrictions On Certain Foreign Purchases. Jun-2008 I
FAR 52.225-18 Place Of Manufacture Mar-2015 K C
FAR 52.225-25 Prohibition On Contracting With Entities Engaging In Certain Activities Or Transactions Relating To Iran—Representation And Certifications Oct-2015 K
FAR 52.227-1 Authorization And Consent. Dec-2007 I
FAR 52.232-17 Interest May-2014 I
FAR 52.232-37 Multiple Payment Arrangements May-1999 C
FAR 52.232-39 Unenforceability Of Unauthorized Obligations. Jun-2013 I
FAR 52.232-40 Providing Accelerated Payments To Small Business Subcontractors Dec-2013 I
FAR 52.242-17 Government Delay Of Work. Apr-1984 F
FAR 52.244-6 Subcontracts For Commercial Items. Jan-2017 I
FAR 52.245-1 Government Property. Jan-2017 I
FAR 52.245-9 Use And Charges. Apr-2012 I
FAR 52.246-11 Higher-Level Contract Quality Requirement. Dec-2014 E
FAR 52.246-15 Certificate Of Conformance. Apr-1984 E
FAR 52.246-23 Limitation Of Liability Feb-1997 I
FAR 52.246-25 Limitation of Liability -- Services Feb-1997 I
FAR 52.247-34 F.O.B. Destination Feb-2006 F
FAR 52.247-48 F.O.B. Destination- Evidence of Shipment
FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) Apr-2012 C
FAR 52.251-1 Government Supply Sources. Apr-2012 I
FAR 52.252-1 Solicitation Provisions Incorporated By Reference Feb-1998 L
FAR 52.252-2 Clauses Incorporated By Reference Feb-1998 I
FAR 52.252-5 Authorized Deviations In Provisions Apr-1994 L
FAR 52.252-6 Authorized Deviations In Clauses Apr-1984 I
FAR 52.253-1 Computer Generated Forms. Jan-1991 I
DLAD NOTE C01 Superseded Part Numbered Items Sep-2016 C
DLAD NOTE C02 Manufacturing Phase-Out Or Discontinuation Of Production, Diminishing Sources, And Obsolete Materials Or Components Dec-2016 C
DLAD NOTE C03 Contractor Retention Of Supply Chain Traceability Documentation Sep-2016 C
DLAD NOTE C08 Tailored Logistics Support Purchasing Reviews Feb-2017 C
DLAD NOTE C20 Vendor Shipment Module (VSM) Aug-2017 C
DLAD NOTE C21 Shipping Instruction Request Aug-2017 C
DAAN DAAN-47-01 Transportation Account Codes (TACs) for FOB Origin Vendor Shipments Mar-2017
DLAD NOTE L06 Agency Protests Dec-2016 L
DLAD NOTE L11 Small Business Program Representations Aug-2017 L
ATTACHMENT 3
FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that-
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-
(i)Those Prices
(ii)The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-
(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision
(ii)As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and
(iii)As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(End of Provision)
FAR 52.204-20 PREDECESSOR OF OFFEROR (JULY 2016)
(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor , list in reverse chronological order):
Predecessor CAGE code: (or mark "Unknown").
Predecessor legal name: .
(Do not use a "doing business as" name).
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING
DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB-2016)
WITH RESPECT TO THE OFFEROR'S REPRESENTATION TO 252.209-7999, OFFEROR NAME REPRESENTS, TO THE BEST OF ITS KNOWLEDGE AND BELIEF, THAT IT "IS "/"IS NOT" THE TYPE OF CORPORATION REFERENCED IN PARAGRAPHS (B)(1) AND (B)(2) OF THE PROVISION.
FAR 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be ( ) DX rated order; () DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.
(End of provision)
(End of clause)
52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
See Addendum to FAR 52.212-1 in Section L
52.212-2 EVALUATION – EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
See Addendum to FAR 52.212-2 in Section M
Technical and past performance , when combined, are: See Addendum to FAR 52.212-2 in Section M
52.212-5 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2020)
(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 items:
(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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 items:
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2018) (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. (Oct 2015) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10)[Reserved].
__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Jan 2011) of 52.219-4.
__ (13)[Reserved]
__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Aug 2018) of 52.219-9
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15…
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