Award W912MM23P0018.pdf

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Attached to
196th RTI Rental Vans Federal contract opportunity
Solicitation number
W912MM-23-Q-0009
Issued by
Department of the Army South Dakota Army National Guard

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SEE ADDENDUM

(No Collect Calls)

W912MM23Q0009 08-Mar-2023

b. TELEPHONE NUMBER

605-737-6543

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 22 Mar 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.606-393-8911

W912MM9. ISSUED BY

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

W912MM23P0018 18-Apr-2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MATTHEW J. CHRISTENSEN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011943720

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

MONTY C. EISENBRAUN / CONTRACTING OFFICER

See Schedule $46,103.15

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE

.22-Mar-2023 YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN W912MM-23-Q-0009

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE 38QK4 FACILITY

OFFEROR CODE

USPFO SD PURCHASING & CONTRACTING

2823 WEST MAIN STREET

RAPID CITY SD 57702-8186

5 STAR CAR RENTAL, INC.

AVIS RENT A CAR

JOSH BECKER

4550 TERMINAL RD STE 107

RAPID CITY SD 57703-8706

DFAS-INDY VP GFEBS HQ0670

8899 E 56TH STREET

INDIANAPOLIS IN 46229-3800

18a. PAYMENT WILL BE MADE BY CODE HQ0670

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

15. DELIVER TO CODE W56TJU 16. ADMINISTERED BY

Net 30 Days

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

1-196TH RTI

SEE STATEMENT OF WORK

54 SHERIDAN STREET

FORT MEADE SD 57741

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

532111

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

X

EMAIL: monty.c.eisenbraun.mil@mail.mil

(605) 737-6738TEL:

31c. DATE SIGNED

18-Apr-2023

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF23

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912MM23P0018

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

FOR

1-196th RTI RENTAL VEHICLES

1.0 General. This document identifies the requirements for transportation rentals.

1.1 Period of Performance/Location:

Base Year:

01 June thru 29 July 2023 – 54 Sheridan St. Fort Meade, SD 57741 12 July thru 29 July 2023 – 2823 West Main Street Rapid City, SD 57702

Option Year 1:

30 May thru 27 July 2024 – 54 Sheridan St. Fort Meade, SD 57741 10 July thru 29 July 2024 – 2823 West Main Street Rapid City, SD 57702

Option Year 2:

29 May thru 26 July 2025 – 54 Sheridan St. Fort Meade, SD 57741 09 July thru 26 July 2025 – 2823 West Main Street Rapid City, SD 57702

2.0 Scope. The 1-196th Regional Training Institute (RTI) has a requirement for vehicle support for the Officer Candidate School (OCS) training. Multiple vehicles are required to be available for use within a 50-mile radius of Sturgis, SD. The transportation vehicles will be utilized to transfer Officer Candidates, Cadre, and Support Staff in and around the Rapid City and Sturgis areas throughout the mission. The vehicle requirement is listed below:

2.1 Rental Description:

1BN OCS RENTAL VEHICLE REQUIREMENT – Base Year

EQUIPMENT QTY START/END CAPABILITY

Contractor Quoted

Unit Price

Contractor Quoted

Extended Price ($)

Mini Van 1 1 Jun 23 - 29 July

15 Passenger Van or 8 Passenger

SUV

1 Jun 23 - 29 July

15 PAX VAN/

8 PAX SUV

Mini Van 2 12 July 23 - 29 July

SUV

12 July 23 - 29 July

TOTAL:

1BN OCS RENTAL VEHICLE REQUIREMENT – Option Year 1

Contractor Quoted

Unit Price

Contractor Quoted

Extended Price ($)

Mini Van 1 30 May 24 – 27

July 24

SUV

30 May 24 – 27 July 24

10 July 24 - 27 July

SUV

10 July 24 - 27 July

1BN OCS RENTAL VEHICLE REQUIREMENT – Option Year 2

Contractor Quoted

Unit Price

Contractor Quoted

Extended Price ($)

Mini Van 1 29 May 25 - 26

July 25

SUV

29 May 25 - 26 July 25

09 July 25 - 26 July

SUV

09 July 25 - 26 July

3.0 Background. The RTI will provide a training environment for over 250 individuals. These vehicles are key to completing the RTI’s OCS mission.

4.0 Place of Performance. 54 Sheridan St. Fort Meade, SD 57741 & 2823 West Main Street Rapid City, SD 57702

5.0 Operating Hours. Not Applicable

6.0 Requirements.

6.1 The contractor shall provide all required maintenance on the vehicles during the Period of Perforamcne. Within 24 hours of notification, the contractor shall provide any required repair or replacement of all vehicles shown in the equipment list above during the rental period. The contractor shall agree to any changes of original agreement to include early turn in of rental vehicles and change in vehicle type as long as the original dollar amount allocated is not exceeded.

6.2 Rental Vehicle Pick Up: The Contractor shall coordinate with the Government Point of Contact (POC) for the rental vehicle pick up at the beginning Period of Performance (POP) and again prior to the completion of the POP. Vehicles will be ready at 0800 on the first day.

Vehicles will be returned at any time on the final day of the Period of Perforamcne. All rentals will be clean, fully operational, and have a full tank of gas upon pick up and return. Vehicle pick up and drop off will be accomplished by delivery at 54 Sheridan St. Fort Meade, SD 57741 or may be coordinated through a rental facility within 10 miles of Rapid City, SD.

6.3 Rental Maintenance, Repairs, Replacements: The Contractor shall be available by phone to provide 24-hour repair and replacement services for the rental vehicles, including all weekends and holidays, at the Contractor’s expense. Within 24 hours of notification, the Contractor shall repair or replace the vehicles. All repairs and replacement costs are included in the Firm-Fixed Price. All backup units utilized in the event of primary failure shall be at no additional cost to the Government. The Contractor is responsible for scheduled maintenance to include oil changes and repairs. The government operator is responsible for daily checks and maintaing fluid levels.

The government POC will notify the contractor of services due based on service intervals provided by the contractor.

6.4 Inspection: A written pre-inspection will be performed prior to acceptance of vehicles. A written post inspection will be performed upon the return of the vehicles. A contractor’s representative and a Government POC representative will be present for both inspections and to print their names and sign the inspection sheets. The written inspections will be maintained by the Government POC representative. Upon completion of each inspection the Government POC will forward inspection documents and contractors’ rental agreement to the Contract Specialist in the Contracting Office at the NGSD-PFO-PC.

6.5 AT/OPSEC: The contractor will protect controlled unclassified information (i.e. number of vehicles, locations of use, and etc.) pertaining to daily operations. The POC will brief the vendor on what information needs to be protected, why it needs to be protected, and how to protect it.

6.6 Additional Conditions:

**The government award/contract shall supersede any contractor rental agreements signed by a government representative for receipt of vehicles. Reference Clause 52.228-8 Liability and Insurance---Leased Motor Vehicle toward the end of this document.

Contractors’ rental agreements will identify South Dakota Army National Guard (SDARNG) or SD National Guard as the renter. Individual names will not be used.

Rental agreement is for unlimited miles.

Operators shall be military personnel with a valid civilian driver’s license.

The Government is self-insured and will not take rental/damage insurance.

The full rental period is noted in each line item’s extended description.

The SDARNG will only be responsible for rental fee for the actual rental period and is not responsible for the vehicles if they are staged before or after the rental period for the contractor’s convenience.

Contractor shall invoice via Wide Area Workflow (WAWF).

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 1 Job $7,176.30 $7,176.30 FY23 Mini Van Rental

FFP

Services, Non-Personal

Mini Van: QTY: 1 Dates required: 1 June 2023 - 29 July 2023 (59 Days)

See Performance Work Statement for additional details.

Vendor POC: Josh Becker - 605-393-8911

GOV POC: CPT Patrick Moran - 605-737-6450

3953: W56TJU-3005-0501

FOB: Destination

PURCHASE REQUEST NUMBER: 0011943720

PSC CD: W023

NET AMT $7,176.30

ACRN AA

CIN: GFEBS001194372000001

$7,176.30

0020 1 Job $26,523.90 $26,523.90 FY23 8 PAX SUV / 15 PAX Van Rental

FFP

Services, Non-Personal

8 PAX Passenger SUV or 15 PAX Passenger Van: QTY: 3 Dates required: 1 June 2023 - 29 July 2023 (59 Days)

See Performance Work Statement for additional details.

FOB: Destination

NET AMT $26,523.90

CIN: GFEBS001194372000002

$26,523.90

0030 1 Job $4,361.78 $4,361.78 FY23 Mini Van Rental

FFP

Services, Non-Personal

Mini Van: QTY: 2 Dates required: 12 July 2023 - 29 July 2023 (18 Days)

See Performance Work Statement for additional details.

FOB: Destination

NET AMT $4,361.78

CIN: GFEBS001194372000003

$4,361.78

0040 1 Job $8,041.17 $8,041.17 FY23 8 PAX SUV / 15 PAX Van Rental

FFP

Services, Non-Personal

8 PAX Passenger SUV or 15 PAX Passenger Van: QTY: 3 Dates required: 12 July 2023 - 29 July 2023 (18 Days)

See Performance Work Statement for additional details.

FOB: Destination

NET AMT $8,041.17

CIN: GFEBS001194372000004

$8,041.17

1010 1 Job $7,176.30 $7,176.30 OPTION FY24 Mini Van Rental

FFP

Services, Non-Personal

Mini Van: QTY: 1 Dates required: 30 May 2024 - 27 July 2024 (59 Days)

See Performance Work Statement for additional details.

FOB: Destination

1020 1 Job $26,523.90 $26,523.90 OPTION FY24 8 PAX SUV / 15 PAX Van Rental

FFP

Services, Non-Personal

8 PAX Passenger SUV or 15 PAX Passenger Van: QTY: 3 Dates required: 30 May 2024 - 27 July 2024 (59 Days)

See Performance Work Statement for additional details.

1030 1 Job $4,361.78 $4,361.78 OPTION FY24 Mini Van Rental

FFP

Services, Non-Personal

Mini Van: QTY: 2 Dates required: 10 July 2024 - 27 July 2024 (18 Days)

See Performance Work Statement for additional details.

1040 1 Job $8,041.17 $8,041.17 OPTION FY24 8 PAX SUV / 15 PAX Van Rental

FFP

Services, Non-Personal

8 PAX Passenger SUV or 15 PAX Passenger Van: QTY: 3 Dates required: 10 July 2024 - 27 July 2024 (18 Days)

See Performance Work Statement for additional details.

NET AMT $8,041.17

2010 1 Job $7,176.30 $7,176.30 OPTION FY25 Mini Van Rental

FFP

Services, Non-Personal

Mini Van: QTY: 1 Dates required: 29 May 2025 - 26 July 2025 (59 Days)

See Performance Work Statement for additional details.

2020 1 Job $26,523.90 $26,523.90 OPTION FY25 8 PAX SUV / 15 PAX Van Rental

FFP

Services, Non-Personal

8 PAX Passenger SUV or 15 PAX Passenger Van: QTY: 3 Dates required: 29 May 2025 - 26 July 2025 (59 Days)

See Performance Work Statement for additional details.

2030 1 Job $4,361.78 $4,361.78 OPTION FY25 Mini Van Rental

FFP

Services, Non-Personal

Mini Van: QTY: 2 Dates required: 9 July 2025 - 26 July 2025 (18 Days)

See Performance Work Statement for additional details.

2040 1 Job $8,014.17 $8,014.17 OPTION FY25 8 PAX SUV / 15 PAX Van Rental

FFP

Services, Non-Personal

8 PAX Passenger SUV or 15 PAX Passenger Van: QTY: 3 Dates required: 9 July 2025 - 26 July 2025 (18 Days)

See Performance Work Statement for additional details.

NET AMT $8,014.17

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0010 Destination Government Destination Government 0020 Destination Government Destination Government 0030 Destination Government Destination Government 0040 Destination Government Destination Government 1010 Destination Government Destination Government 1020 Destination Government Destination Government 1030 Destination Government Destination Government 1040 Destination Government Destination Government 2010 Destination Government Destination Government 2020 Destination Government Destination Government 2030 Destination Government Destination Government 2040 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0010 POP 01-JUN-2023 TO

30-APR-2024

N/A 1-196TH RTI

SEE STATEMENT OF WORK

54 SHERIDAN STREET

FORT MEADE SD 57741

605-737-6450

W56TJU

0020 POP 01-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0030 POP 01-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0040 POP 01-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1010 POP 01-MAY-2024 TO

30-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

1020 POP 01-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1030 POP 01-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1040 POP 01-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2010 POP 01-MAY-2025 TO

26-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

2020 POP 01-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2030 POP 01-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2040 POP 01-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

ACCOUNTING AND APPROPRIATION DATA

AA: 02120232023206500001121212580040120987 6100.9000021001

COST CODE: A18SU

AMOUNT: $46,103.15

ACRN CLIN/SLIN CIN AMOUNT

AA 0010 GFEBS001194372000001 $7,176.30

0020 GFEBS001194372000002 $26,523.90

0030 GFEBS001194372000003 $4,361.78

0040 GFEBS001194372000004 $8,041.17

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)

DEC 2022

52.217-8 Option To Extend Services NOV 1999 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies DEC 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-53 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements

MAY 2014

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.244-6 Subcontracts for Commercial Products and Commercial

Services

DEC 2022

52.246-1 Contractor Inspection Requirements APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items DEC 2022 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 calendar days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

52.228-8 LIABILITY AND INSURANCE--LEASED MOTOR VEHICLES (MAY 1999)

(a) The Government shall be responsible for loss of or damage to--

(1) Leased vehicles, except for (i) normal wear and tear and (ii) loss or damage caused by the negligence of the Contractor, its agents, or employees; and

(2) Property of third persons, or the injury or death of third persons, if the Government is liable for such loss, damage, injury, or death under the Federal Tort Claims Act (28 U.S.C. 2671-2680).

(b) The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or employees.

(c) The Contractor shall provide and maintain insurance covering its liabilities under paragraph (b) of this clause, in amounts of at least $200,000 per person and $500,000 per occurrence for death or bodily injury and $20,000 per occurrence for property damage or loss.

(d) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the Government shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe or (2) until 30 days after written notice to the Contracting Officer, whichever period is longer. The policies shall exclude any claim by the insurer for subrogation against the Government by reason of any payment under the policies.

(e) The contract price shall not include any costs for insurance or contingency to cover losses, damage, injury, or death for which the Government is responsible under paragraph (a) of this clause.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES (JAN 2021)

(a) Definitions. As used in this clause--

Covered defense telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities;

(2) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Covered foreign country means--

(1) The People's Republic of China; or

(2) The Russian Federation.

Covered missions means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104.

(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Reporting.

(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 30 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

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

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

INVOICE as 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0670

Issue By DoDAAC W912MM

Admin DoDAAC** W912MM

Ship To Code W56TJU

Service Approver (DoDAAC) W56TJU

WAWF Acceptor Rebecca.c.roselles.mil@army.mil

Contract POC:

Matthew Christensen Matthew.j.christensen4.civ@army.mil

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact. Visit http://www.aptac-us.org to find your local Procurement Technical Assistance or Helpdesk@dfas.mil or call (800)456-4571, option 6

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Visit http://www.aptac-us.org to find your local Procurement Technical Assistance or Helpdesk@dfas.mil or call (800) 456-4571, option 6

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

File details come from the government source that posted it. Updated .