Attachment 2 - AEG LMR-SE BPA FA805523A3011 - 06_23_2023 - 40 pages.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

Created On: 15 Jun 2023, 05:53 PM Central Standard Time

D TD TDD TD TD TD TD TD TD TD TD TD ITLE OEEEEEEEEEEEE F SIG

See Schedule

USD 0.00

ALLY VERES, VP 06/22/2023

FA805523A3011 FA805522R3003 19 Sep 2022

Daisy Dixon 596-5002

01 Dec 2022

04:00 PM

FA8055

FA8055 771 ESS EGI ITCC

490 MOORE DR STE 270, CP 312 596 5318

MAFB GUN ANNX, AL 36114-3000

UNITED STATES

Russell Carruth, Contracting Officer Daisy Dixon, Contract Specialist

334220

FA8055

Identified by Delivery Order

FA8055 771 ESS EGI ITCC SCD:

490 MOORE DR STE 270, CP 312 596 5318

MAFB GUN ANNX, AL 36114-3000

UNITED STATES

50G19

Aeg Group Inc.

888 E Belvidere Rd Ste 409 Grayslake, IL 60030-2577

UNITED STATES

GABRIELE MARAZAN, Email: gov@aeg-group.com Telephone: 8475487197

Pay Office Shown on Delivery Order

CARRUTH.RUSSELL.A

LLEN.1114630833

Digitally signed by

CARRUTH.RUSSELL.ALLEN.1114630833

Date: 2023.06.23 08:12:46 -05'00'

LAND MOBILE RADIO–SUBSCRIBER EQUIPMENT (LMR-SE)

BLANKET PURCHASE AGREEMENT

FA8055-23-A-3011

23 Jun 2023

FA8055-23-A-3010

, Attachment 1.0

LMR-SE BPA

Acronyms:

Air Force Information Network (AFIN) Air Force Installation Contracting Center (AFICC) Air Force Instruction (AFI) Air Force Manual (AFM) Blanket Purchase Agreement (BPA) Continental United States (CONUS) Common Access Card (CAC) Common Criteria Certification (CCC) Common Criteria Recognition Agreement (CCRA) Contracting Officer (CO) Contractor's Teaming Arrangement (CTA) Defense Federal Acquisition Regulation Supplement

(DFARS)

Defense Information Systems Agency (DISA) Department of Defense (DoD) Enterprise Sourcing Squadron (ESS) External Certification Authority (ECA) Federal Acquisition Regulation (FAR) Federal Information Processing Standard (FIPS) Federal Supply Schedule (FSS) Government Accountability Office (GAO) General Services Administration (GSA) Government Purchase Card (GPC) Green Procurement Program (GPP) Intelligence Community (IC) Item Unique Identification (IUID) Land Mobile Radio (LMR) Multiple Award Schedule (MAS) National American Industry Classification System

(NAICS)

National Information Assurance Process (NIAP) Office of the Federal Environmental Executive

(OFEE)

Order Metrics Report (OMR) Original Equipment Manufacturer (OEM) Outside the Continental United States (OCONUS) Procuring Contracting Officer (PCO) Project 25 (P25) Public Key Infrastructure (PKI) Request for Quotation (RFQ) Secure Hash Algorithm (SHA) Serial Number Report (SNR) Subscriber Equipment (SE) Subscriber Hardware Product (SHP) System for Award Management (SAM) Trade Agreements Act of 1979 (TAA) United States Air Force (USAF) United States Space Force (USSF) Warranty Metrics Report (WMR) Wide Area Work Flow (WAWF)

LMR-SE Model BLANKET PURCHASE AGREEMENT

Attachment 1.0

1. Purpose:

Pursuant to Federal Acquisition Regulation (FAR) 8.405-3, and encompassing the provisions of the Federal Supply Schedule (FSS) listed below, this Blanket Purchase Agreement (BPA) is being entered into between USAF Air Force Installation Contracting Center (AFICC), 771st Enterprise Sourcing Squadron, Information Technology Contracting Flight (771 ESS/EGI) and AEG Group Inc. , hereinafter referred to as "BPA Holder," having its principal office at 888 E Belvidere Rd Suite 409, Grayslake IL 600, who intend to be legally bound and agree to the terms and conditions contained in this BPA and its attachments.

Federal Supply Schedule(s) (FSS) GS35F0090X

2. Scope The range of product categories under this BPA includes Project 25 (P25) compliant LMR radio products along with basic variations in frequency range, optional features, and incidental services.

BPA Holders shall ensure all products are on GSA FSS at the time of submission of the solicitation response. Products must be commercial items with availability to purchase for 12-18 months and have supportability for a period greater than 36 months from purchase.

3. Term The period of ordering of this BPA is five years from date of award contingent upon the BPA Holder maintaining a valid GSA MAS 33411 contract. This BPA may be extended in accordance with FAR paragraph 8.405-3(d). Either party may discontinue this BPA at any time by providing a written 30-day notice. If GSA issues a suspension of ordering against a specific GSA FSS, the BPA Holder shall immediately notify the LMR-SE Contracting Officer and suspend LMR- SE BPA ordering from that schedule until the issue can be resolved and the GSA suspension is lifted.

4. Authorized Users Authorized users include United States Department of the Air Force (United States Air Force and United States Space Force) and DAF contractors supporting USAF and USSF, who are on contract to fulfill government requirements on a cost reimbursable basis when authorized under FAR Subpart 51.100 and when granted specific permission by the LMR-SE Contracting Officer to make purchases through the BPAs, provided there is no conflict with the GSA definition of authorized users. The BPA holder shall not accept orders from contractors or other agencies unless written authorization from the LMR-SE Contracting Officer accompanies the order. Product and pricing information will be available to all authorized users of the LMR-SE purchasing program, including nongovernmental personnel.

5. Reviews An annual review of the BPA will be conducted in accordance with FAR 8.405-3(e) to include a review of the Representations and Certifications posted at System for Award Management (SAM) as well as the Air Force and GSA BPA performance and standards of responsibility. The review will consider the BPA holders participation in the LMR-SE buying program and viability of competitiveness during the annual review.

6. Supplier Relationships Contractor Teaming Agreements1 are not authorized. BPA holders may use Letters of Supply or Authorization from OEM suppliers and/or sub-contract agreements to provide items and services available on their GSA MAS 33411 contract to meet BPA requirements. All products offered under this BPA must be on their or their partner's MAS 33411 contract. If a BPA holder chooses to utilize another GSA vendor, the BPA holder shall provide Letters of Supply or Authorization from suppliers and/or Sub-Contractor Agreements, as appropriate. Letters of Supply or Authorization for end items shall be kept current with copies provided to the LMR-SE Contracting Officer within ten business days of any change (initial/renewal/dissolution).

7. Obligation of Funds This BPA does not obligate funds. Funds are obligated when an order is placed against this BPA.

The government will be obligated only to the extent of authorized purchases actually made under the terms and conditions of this BPA.

8. Trade Agreements Act of 1979 All proposed products must be compliant with the Trade Agreements Act of 1979 (TAA). In accordance with DFARS 252.225-7021, the Trade Agreements Certificate at DFARS 252.225-7020 shall be provided for each end item offered in response to any solicitation issued under this BPA. A confirmation is required that the proposed end product for each product category is TAA compliant under the BPA and as required by your GSA schedule contract. The TAA compliance confirmation shall consider the basic product proposed for each product category with optional upgrades as the end product for each product category. Any orderable upgrade item(s) ordered by the customer is for use as a system with the system being the end product and not for use as a separate set of accessories and components. Please note that FAR 25.103(e) includes an exemption from the Buy American Act (BAA) for acquisitions of information technology that are commercial items.

9. NAICS Codes The North American Industrial Classification System (NAICS) code for this acquisition is 334220 (Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing) with a size standard of 1,250 employees.

1 A Contractor Teaming Agreement (CTA) is defined as the business arrangement of multiple contractors where each has privity of contract and can interact directly with the government.

Attention Small Businesses: 13 CFR 121.406 is not applicable. This procurement is not a Small Business Set-Aside and the Non-Manufacturer Rule is not applicable. Small Businesses may propose products manufactured by large businesses. Small business resellers will be expected to offer the best products available from one or more manufacturers.

10. Open Market Purchases Open market purchases will be allowed on delivery orders written against this BPA to the extent provided and under the requirements of FAR 8.402(f). The GSA FSS clause 552.238-82 is applicable for open market purchases of order-level materials (OLM). In accordance with the clause, the cumulative value of order-level materials in an individual order shall not exceed 33.33 percent of the total value of the individual order. Open market purchases will be limited to items in direct support (adjunct items) of the primary items purchased. The BPA holder shall clearly identify all open market items on the solicitation response to the government customer. Authorized purchasing offices will negotiate open market terms and conditions prior to order placement and identify them separately on the resultant delivery order.

11. Order Placement and Receipt Methods All products offered under LMR-SE will be made available for purchase using a Direct to Vendor (DTV) process as well as may be posted on an e-commerce portal (not yet defined). The BPA Holder shall support order placement which uses of GPC, authorized corporate credit cards/purchase orders, BPA Call, or DD Form 1149 Delivery Order via the DTV process and/or via an e-commerce portal (when established). See LMR-SE Process Guide, Attachment 1.

11.1 The selected BPA Holders shall establish a secure method of receiving DTV orders, including delivery orders, BPA calls, GPC orders, and authorized contractor orders (purchase orders and corporate cards).

11.1.1. If using encrypted email for order receipt, BPA Holders shall acquire appropriate DoD or Intelligence Community (IC) approved Public Key Infrastructure (PKI) certificate issued by a DoD or IC approved External Certification Authority (ECA) and shall make use of at least 128-bit encryption. BPA Holders will be required to purchase a Medium Assurance Smart Card or USB Token through the DoD ECA approved vendors. The hardware assurance solution will require a Smart Card, a Smart Card reader, and Authentication software or a USB Token and Authentication software. Browser-based certificates are not permitted. The ECA website (http://iase.disa.mil/pki/eca/) provides the links to the approved DoD ECA vendors to obtain information on pricing, and identity validation requirements for domestic and foreign national personnel.

11.1.2. If using a website for order receipt, BPA Holders shall provide a means for submission of DTV orders without requiring user name/password. The intent is to allow users to load the DTV order data without having a user account.

12. Network Security BPA Holders shall only offer LMR products that meet the Air Force network security requirements.

BPA Holders shall not offer radios with logic-bearing components where the logic-bearing component OEM company ownership has been identified as a potential risk2 to network security.

These security requirements apply to all products offered under the LMR-SE BPA. For each proposed item, the BPA Holder shall submit the following:

12.1. A memorandum3 to attest that the LMR-SE item offered has not been identified as having a potential risk to the Air Force LMR network.

12.2. A memorandum4 to attest that proposed LMR-SE radios are FIPS 140-2 compliant.

13. Product Purchase Methods LMR-SE utilizes an annual product update solicitation, Subscriber Hardware Product (SHP) cycle, to obtain refreshed product listings and prices. In addition, a Specialize Product Solicitation (SPS) may be utilized to obtain in-scope products that are not under the SHP product listings. Unique product requirements may be solicited for specialized products, which may require BPA holder access to classified information. These unique product requirements will be identified through the solicitation processes. A Department of Defense Contract Security Classification Specification (DD254) will be issued with the solicitation. The Security Requirements Clauses FAR 52.204-2 -- Security Requirements and DFARS 252.204-7005, Oral Attestation of Security Responsibilities will apply.

13.1 Subscriber Hardware Product (SHP) Cycle

The SHP cycle process results in multiple products offered for purchase per SHP product category for the period of the buying cycle, nominally 12 months. Decentralized ordering to complete SHP product category selections made during the term of the BPA may continue for up to 18 months after the SHP selection decision is made during the term of the BPA.

13.1.1 SHP Exclusivity of Award: The selected BPA Holder(s) for each SHP product category is/are the only BPA Holders permitted to sell a product under the BPA for the SHP specific category during the awarded cycle. BPA Holders not selected for a SHP product category shall not sell a product that fits the product category under the BPA during that buying period. In the event a BPA Holder not selected for a SHP category receives an RFQ referencing the BPA for that product type, the BPA Holder shall respond to the RFQ with a note that they were not selected for the SHP category and are not permitted to issue a bid under the terms of the BPA.

2 Logic-bearing component OEMs that are foreign-owned, where-in the foreign owner is incorporated in or has headquarters, manufacturing and service facilities, or research and development facilities in a foreign country with laws that provide for the lawful interception of data or that obligate citizens to support national intelligence work (such as, Russia’s System for Operative Investigative Activities (SORM) laws or China’s National Intelligence Law).

3 BPA Holder company letter (stand-alone) signed by an authorized agent that states the compliance with the requirement.

4 Documentation showing the specific radio is on the approved products list.

13.1.2 The BPA Holder shall propose products for all “SHP” categories.

13.1.3 SHP cycle solicitations are released to each of the LMR-SE BPA holders. The solicitations include specifications for each product category and applicable configuration requirements. Product selections are made in accordance with the evaluation criteria identified in the solicitation. All selected products must pass validation testing before receiving authorization to accept orders. Each product category selection is independent of selections for other categories and is considered a separate award decision for purposes of any Agency or GAO bid protest and stay of performance shall apply only to the product category selection being protested.

13.2 Specialized Product Solicitation (SPS)

Specialized product requirements may be met via solicitation from the LMR-SE BPA holders.

An SPS may be requested via an RFQ sent to all LMR-SE BPA Holders. Specialized products are ones that fit the overall scope of LMR-SE but are not specifically offered under the “SHP” product selection cycles. Selection of specialized products are the responsibility of the issuing organization of the solicitation.

14. Product Submissions Product submissions are required for all proposed LMR-SE radio products prior to award.

14.1 SHP Submissions

14.1.1 For each radio product selected under the SHP process, the BPA Holder may be required to conduct compliance verification demonstrations at a government site to confirm capability to connect and work on the Air Force LMR infrastructure without the need for any additional software or hardware. Proposed LMR hardware shall be capable of covering all demonstrations required for verification purposes. Multiple radios may be required for specific product categories to allow for the full range of compliance verification. The verification hardware will not be retained by the government and no cost or other charges will be permitted for the verification requirement.

14.1.2 For each product selected under the SHP process, the BPA Holder shall submit product photos (.jpg) in a range of sizes. Product photos will be used for catalog purposes. Product photographs shall be actual product photographs showing the actual product, upgrades, and accessories offered under the SHP. Stock photographs are prohibited unless they show the actual product, upgrades, and accessories offered.

14.1.3 Applications required to ensure full radio functionality shall be identified and included with the LMR product.

14.1.4 The Contracting Officer reserves the right to award none, one or multiple items for each product category. The CO also reserves the right to rescind an award if the BPA Holder fails to perform all requirements in accordance with the SHP solicitation and the BPA.

14.1.5 In-Cycle Product Replacement: If a selected SHP product must be replaced during the SHP cycle, the new product must be technically equal to or better than the product being replaced. The CONUS/OCONUS awarded unit price for the base item and upgrades/accessories may be changed. All SHP processes will apply to the proposed replacement product and therefore, sufficient time must be allowed for government acceptance including product verification testing. BPA Holders shall submit a complete proposal for the replacement product to include all the required information as stated in the applicable SHP cycle solicitation.

15. Environmental Management To comply with federally mandated environmental preference programs and Department of Defense (DOD) "Green Procurement Program" (GPP) policy, the Air Force requires the use of environmentally preferable products and services. These program elements include recovered material products, energy and water efficient products, alternative fuels and fuel efficiency, bio-based products, non-ozone depleting substances, priority chemicals, and environmentally preferable products. These program elements are described on the Office of the Federal Environmental Executive (OFEE) website (<http://www.ofee.gov>).

16. Warranty Support Warranty support is an essential part of the SHP product offering. BPA Holders shall provide and maintain a warranty support document that contains information on what is and is not covered under the warranty, the products covered with the period of coverage, and other pertinent information for use by the end user. The warranty support document shall be maintained over the life of the BPA and updated as information changes, including product updates for each product cycle as well as products sold under the solicitation process (SPS). The warranty support document shall provide detailed information on coverage as well as processes for receiving warranty support.

It shall include a cumulative table for all products purchased over the life of the BPA. The warranty support document will be posted for customer information and use. See Attachment 2 for the Warranty Information Template.

16.1 For all products purchased under the LMR-SE BPA, the BPA Holder shall provide warranty (break-fix) support with all warranty costs included in the product purchase price. The warranty period required for each product category is the standard commercial warranty for the radio product. The warranty period identified in the response template for each product category shall be considered a standard warranty that runs from date of warranty start through the defined term.

Longer term warranties are not intended to be an acquisition of an extended warranty for additional years but rather to accommodate different user replacement cycles. The initial or updated warranty document shall be provided within 10 business days of product selection notification (SHP or SPS).

16.2 Worldwide warranty and maintenance support for all items purchased under this BPA is required in accordance with the commercially accepted warranty unless otherwise indicated in a solicitation. The proposed standard product warranty shall apply to the total product being purchased including all associated upgrade options and accessories.

17. SHIP TO/MARK FOR Labels:

All shipping containers shall include "SHIP TO" and "MARK FOR" information with it prominently displayed on the outside of all boxes/containers. The information for the labels should be included in the applicable order record and on each delivery order.

17.1 “Mark For” information will contain:

BPA Number Delivery Order Number (when applicable) Vendor Order Number POC Name POC Address (Physical Address) POC Phone Number (Commercial) POC Email Address

17.2 “Ship To” information will contain:

The complete physical delivery address, building number The Equipment Control Officer name, if available Commercial Phone Number

18. Pricing Pricing for all products offered under the BPA shall meet the following requirements:

18.1 Prices shall be all-inclusive for all products and services offered under the BPA. All-inclusive pricing shall include, at least, the following:

i. All fees due GSA,

ii. Shipping and handling fees for CONUS and OCONUS deliveries (BPA holders shall not add additional delivery or handling fees on individual orders), and

iii. Worldwide warranty support (to include shipping and handling) for CONUS and OCONUS products.

18.2 SHP Pricing

18.2.1 Product pricing, including all upgrade options and accessories, attained during the SHP process will remain in effect for the period covered by the SHP cycle and be applied to all orders placed during that period.

i. Price changes (increase or decrease) may be introduced at any time during the SHP cycle for awarded product categories.

ii. Price changes will become effective when the catalog/order form is updated and approved by the Contracting Officer (authorized to post for decentralized purchase).

18.2.2 The potential volume of orders placed against this BPA provides the opportunity to secure maximum discounts pursuant to the Maximum Ordering Threshold rules of GSA MAS 33411.

19. Orders All product orders are expected to flow through the DTV process and/or an e-commerce capability (once defined). The following are applicable to all orders:

19.1 There are no maximum or minimum order quantity requirements.

19.2 The Government Purchase Card (GPC) and the delivery order (SF 1449) or BPA Call are the only prescribed methods for placement of government orders; authorized contractors may utilize corporate purchase methods for purchases directly with the vendor.

19.3 The BPA Holder shall accept all valid orders within two business days after receipt (submitted to vendor). A valid order is defined as an order that requires no modification to process. BPA Holders should carefully review order submissions before acceptance.

19.4 The BPA Holder shall not process a delivery order (SF 1449) or BPA Call that does not contain the required Wide Area Work Flow (WAWF) information.

19.5 The BPA Holder shall not accept a delivery order (SF 1449) or BPA Call containing a CAGE code other than the CAGE code of their awarded BPA.

19.6 If an order requires modification, the BPA holder shall notify the ordering activity within two business days after receipt (submitted to vendor).

20. Product Delivery Standard (PDS) BPA holders shall ensure delivery of all products ordered are within the allowed PDS for LMR-SE products. If an item cannot be delivered within the delivery time for that item, the BPA Holder shall notify the issuing Contracting Officer, the GPC holder, or authorized contractor, and the LMR-SE program team within two business days of receipt of order of the expected delivery date for the ordered item(s). Upon notification, the Ordering Agency may choose to cancel the order or request due consideration for the delay. Deliveries to the address(es) specified in each Delivery Order shall be no later than the first business day after 30 calendar days for CONUS addresses or 35 calendar days for OCONUS addresses or 45 days for remote OCONUS addresses from the date a valid order is received by the BPA Holder, or as otherwise agreed to by the parties.

20.5 All CONUS and OCONUS orders shall be FOB Destination.

20.6 All shipments shall include commercial packing documentation.

20.7 Partial order shipment of complete devices is authorized. Partial payment for partial shipments may be authorized by the issuing organization contracting officer as indicated in the specific order.

Separate shipment of piece parts (incomplete devices) is not authorized.

20.8 Staggered delivery or multiple delivery locations may be requested by the government. When staggered delivery is requested, the BPA Holder shall complete all deliveries within the time period specified in the delivery order. Requests for delivery to multiple locations does not constitute a basis for a longer PDS.

20.9 All OCONUS deliveries should be accomplished using commercial transportation capabilities (e.g., DHL, FedEx, UPS, etc.) to the local street address/location to avoid over burdening the military transportation system. On rare occasions when commercial transportation companies cannot reach an OCONUS delivery point (e.g., Diego Garcia), delivery details will be negotiated on a case by case basis. A list of possible OCONUS Department of Defense locations can be located at http://www.globalsecurity.org/military/facility/afb.htm.

21. Reports Reports provide valuable insights into the performance and issues associated with execution of the product selection cycles. The following reports are required to provide specific details into the orders placed with and managed by the BPA Holder.

21.1 Order Metrics Report (OMR)

BPA Holders shall submit Order Metrics Reports (OMR) for SHP and SPS orders. Each SHP OMR shall be a cumulative report (see the template included in Attachment 4) by SHP cycle. Each SPS OMR shall be cumulative over the life of the BPA.

21.1.1 SHP OMR: The SHP OMR shall be submitted monthly via email to IT.contracting.flight@us.af.mil. This report shall be delivered by close of business, the 10th day of each month, following authorization to begin shipping and will continue until all orders are completed for that SHP buying cycle (i.e., SHP2023).

21.1.2 SPS OMR: The SPS OMR shall be submitted quarterly via email to IT.contracting.flight@us.af.mil. This report is due by the close of business on the 15th of the month beginning the first calendar quarter (January, April, July, October) following BPA award and continuing through the warranty period of all SPS products ordered under the BPA.

21.2 Warranty Metrics Report (WMR)

For each LMR-SE BPA Holder, the warranty metrics report shall be submitted quarterly via email to IT.contracting.flight@us.af.mil detailing all warranty support requests received and warranty service provided for products sold under this agreement (see the Attachment 5 template). This report is due by the close of business on the 15th of the month beginning the first calendar quarter (January, April, July, October) following BPA award and continuing through the warranty period of all products ordered under the BPA. BPA Holders shall participate in telephone conferences as necessary to provide status and resolutions on warranty related issues.

21.3 Serial Number Report (SNR)

A weekly report shall be submitted via email to IT.contracting.flight@us.af.mil detailing the serial numbers by order for all products shipped during the period of the report. See the SNR template included in Attachment 6. The report shall be delivered by close of business each Monday following authorization to begin shipping and will continue over the life of the BPA (note: if no shipments are made during any period of the report, the BPA Holder shall submit the report with that notice indicated). The SNR identifies each Order, the product cycle, the product name/model, and the serial number(s).

22. Communication Regular communication is essential throughout the term of this BPA to ensure success of both the BPA holder and the government. Communications may consist of email, telephone conferences, and occasional face-to-face meetings. During the BPA period of performance, teleconferences are held routinely to address status and resolve issues. Roadmap meetings will be conducted to discuss processes and to initiate product/technology updates. These meetings, which include government and industry, will typically occur on an annual basis.

23. Software

23.1 The BPA Holder shall provide a certification that all software is furnished with a perpetual, transferable, right-to-use license and is furnished with no less rights than those provided to commercial customers.

23.2 The BPA Holder shall include fully licensed radio products with all rights for updates for customers.

24. Payment Methods and Receipt

24.1 A minimum of two (2) major billing and payment processes shall be supported by the BPA Holder:

DoD Wide Area Workflow (WAWF) Invoice (Primary) Government Purchase Card (GPC)

24.2 Use of the GPC is authorized in accordance with agency procedures; however, the GPC shall not be charged until the item is shipped.

24.3 In addition, the BPA Holder shall work with the Government to accommodate other authorized methods such as DoD contractor purchases utilizing corporate credit cards, corporate purchase orders or other processes identified (when applicable).

24.4 All invoices shall cite both the BPA number and the GSA MAS 33411 contract number and be submitted via the Wide Area Work Flow (WAWF) system unless WAWF has not been implemented at an individual customer's agency. If a customer is not able to utilize WAWF, invoices shall be submitted to the payment address specified in Block 18a of the SF 1449 IAW FAR 32.905(b). In the event of an inconsistency between the provisions of this BPA (including Federal Law, Federal Court, and Comptroller General Decisions) and the BPA Holder's invoice, the provisions of this BPA will take precedence.

25. Contract Administration Data The LMR-SE contracting officer is the only person authorized to make or approve any changes in any of the requirements of the BPA. In the event the BPA Holder makes any changes at the direction of any person other than the LMR-SE Contracting Officer, the change will be considered to have been without authority and no adjustment will be made in the BPA price to cover any increase in cost incurred as a result thereof. The Contracting Officer for individual orders will be noted on those orders. The Procuring Contracting Officer responsible for administration of this BPA is:

USAF AFICC 771 ESS/EGI

Attn: LMR-SE Contracting Officer 501 E. Moore Drive (Bldg. 884 Suite 1300A) Maxwell AFB-Gunter Annex, AL 36114-3218 IT.Contracting.Flight@us.af.mil <mailto:IT.Contracting.Flight@us.af.mil>

26. Additional Clauses Applicable to BPA Orders This BPA is subject to the terms and conditions of the GSA MAS 33411 contract as well as DoD unique statues, regulations, directives and other requirements identified herein. Accordingly, all orders placed under this BPA are subject to the provisions and clauses listed below as well as any additional requirements identified within a cycle solicitation to BPA holders. The provisions and clauses identified herein have been determined by the contracting officer to be appropriate for the BPA and are not in conflict with the GSA contract clauses. In the event of a conflict between the clauses in the GSA contract and those identified in this BPA, the clauses in the GSA contract take precedence. All provisions and clauses are available in full text and located at <http:// https://www.acquisition.gov/far/>.

PROVISIONS:

DFARS 252.204.7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016)

DFARS 252.204-7019 - Notice of NIST SP 800-171 DoD Assessment Requirements, DFARS 252.204-7020 - NIST SP 800-171 DoD Assessment Requirements

DFARS 252.239-7017 Notice of Supply Chain Risk (Feb 2019)

DFARS 252.247-7022 Representation of Extend of Transportation By Sea (Jun 2019)

CLAUSES: Incorporated by reference.

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

DFARS 252.204.7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (Oct 2016)

DFARS 252.204.7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019)

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018)

DFARS 252.232-7006 Wide Area Work Flow Payment Instructions (Dec 2018)

DFARS 252.232-7009 Mandatory Payment by Government-wide Commercial Purchase Card (May 2018)

DFARS 252.232-7010 Levies on Contract Payments (Dec 2006)

DFARS 252.239-7018 Supply Chain Risk (Feb 2019)

DFARS 252.247-7023 Transportation of Supplies by Sea-Basic (Feb 2019)

CLAUSES: Full Text.

DFARS 252.211-7003 Item Unique Identification and Valuation.

ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2022)

(a) Definitions. As used in this clause—

“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

“Concatenated unique item identifier” means—

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html .

“DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.

“Government’s unit acquisition cost” means—

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.

“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.

“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment.

The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

“Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html .

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

______N/A_________________________________________________________

(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

_____N/A___________________________________________________________

(If items are identified in the Schedule, insert “See Schedule” in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____.

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that—

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall—

(A) Determine whether to—

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code—

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government’s unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods—

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ___, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this…