BPA FA564121A0005 Ktr and CO Signed.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 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 NO.

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

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

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 Govt. 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: REF. 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. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE 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)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA564121A0005 12/17/2020 FA564120Q00030002 7/23/2020

Jennifer Schneider, Contracting Officer 314-489-6788

8/3/2020 3:00 PM Non-US

FA5641

FA5641 764 ESS PK

UNIT 3187

APO AE 09094-3187

APO AE 09094-3187

United States Jennifer Schneider, Contracting Officer Maria Kuper, Contract Specialist

337122

Net Days 30

FA5641

48963 F87700

See Section G $0.00

Jennifer Schneider

See Schedule

FA5641 764 ESS PK

UNIT 3187

APO AE 09094-3187

APO AE 09094-3187

United States

SEE SCHEDULE

DCI, Inc.

265 S Main St Lisbon, NH 03585-6217 United States LISE C. BIRCH-WOOLDRIDGE, Telephone: 800-552-8286 Email: sales@dcifurn.com

ACCTG DISB STA NR 387700

ACCTG DISB STA NR 387700

DFAS DEAMS

27 ARKANSAS RD

LIMESTONE, ME 04751-6216

United States

A006931

Henry A. Kober / President

16DEC20

17 Dec 2020

FA564121A0005

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

Allowed Per Order Maximum: 1,500,000.00 Dollars, U.S.

Contractor Obligation to Deliver Maximum: 5,985,000.00 Dollars, U.S.

Item Supplies/Service Quantity Unit Unit Price Amount

Foldable Wardrobes - 50kg Model / Oak or Cherry color. (Color will be specified in each call) Manufacturer's CAGE: 48963 Firm Fixed Price

Foldable Wardrobes - 70kg Model / Oak or Cherry color. (Color will be specified in each call) Manufacturer's CAGE: 48963 Firm Fixed Price

Description/Specifications/Statement of Work

Blanket Purchase Agreement for FOLDABLE WARDROBES Period of Performance: 5 years from award date.

BPA Master Dollar Limit: $5,985,000.00 BPA Call Limit: $1,500,000.00 FSC Codees: 7210

1. DESCRIPTION OF AGREEMENT

This multiple award BPA is for foldable wooden wardrobes for U.S. military personnel stationed in Europe, if and when requested by a Contracting Officer (CO), an authorized representative of a CO (Authorized Caller) or a Government Purchase Card (GPC) holder. Users are the U.S. Air Forces in Europe (USAFE) and the U.S.

Army in Europe (USAREUR). Although locations covered by this multiple award BPA are in Germany, Italy, Spain, Portugal (Lajes Field, Azores), Norway and the United Kingdom (U.K.), it may be utilized by DoD affiliated agencies and at outlying U.S. military installations throughout Europe. The BPA holders shall provide foldable wardrobes as described in the specifications for light weight wardrobes weighing up to 110lbs/50 kg see Attachment 2A as well as for wardrobes weighing up to 154lbs/70kg - see Attachment 2b.

2. DURATION OF MULTIPLE AWARD BPAs

The multiple BPA will be in effect for no longer than five (5) years from the date of the award, unless the Contracting Officer or the Contractor withdraws in writing prior to this date. Any termination will require a minimum of thirty (30) days written notice to either party addressed herein or expiration of the Agreement.

The multiple award BPA will be in effect for no longer than five (5) years from the date of the award. USAFE and USAREUR estimate spending approximately $5.9 million under this program across all BPAs over the course of five (5) years. This number is an estimate and not intended to be a ceiling. The BPA holder's responsibility to delivery against calls may extend beyond the effective period of this multiple award BPA.

However, no new calls may be placed once the five (5) year period has expired.

3. EXTENT OF OBLIGATION

The US Government is obligated only to the extent of authorized calls actually placed against this multiple award BPA. This award BPA shall not be construed as a Government guarantee to issue calls.

4. PRICING

Prices charged by the contractor to the US Government shall be as low as or lower than those charged to the contractor's most favored customer in addition to any discounts for prompt payment. Prices charged by the contractor to the U.S Government Payment shall be in accordance with the approved current price list for actual calls - see Attachment 1. The BPA Awardee shall submit an updated price list to the BPA (764 Specialized Contracting Squadron) Contracting Officer on an annual basis. Price lists shall remain current for one year unless approved and agreed upon by the contractor and Contracting Officer

5. PURCHASE LIMITATIONS

The purchase limitation for individual calls is currently $1,5M.

6. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA

The only individuals authorized to place calls against this BPA are warranted Contracting Officers up to their warrant limit, an authorized representative of a CO (authorized callers) or GPC holders up to their purchase limitations (GPC Office may authorize up to $25,000.00) of the following organizations:

a. USAFE Installations

b. United States Army in Europe

c. Defense Logistics Agency (DLA).

** Please note that the Government reserves the right to add additional authorized users, if necessary. The

Government will notify the BPA holder of the addition of authorized users prior to their authorization becoming effective.

7. DELIVERY REQUIREMENTS The BPA holders shall:

a. Generally make deliveries FOB Destination to the applicable Furnishings Management Sections (FMSs).

The Government will specify the delivery locations by call.

b. Submit requests for partial deliveries to the Government in advance and receive written approval from the CO, Authorized Caller or GPC card holder prior to the delivery. Partial deliveries are authorized for this

BPA.

c. Deliver all foldable wardrobes FOB destination within between 60 and 100 calendar days after confirming a call, depending on the size of the order. (Please refer to the quantity and applicable delivery time as shown on the Wardrobes Price List (Attachment 1).) The CO, Authorized Caller or GPC card holder may extend the delivery period to 120 business days after confirming a call to replace missing or damaged foldable wardrobes. However, such extensions will be based on written modifications to the call order and include consideration from the BPA holder to the Government for such extension to the delivery time.

d. Include shipping and handling in the unit price.

e. Palletize orders for forklift off-loading delivery on most economical one-way pallets. Maximum load per pallet is five each wardrobes or as otherwise specified in the calls.

f. Provide weather and dirt protection packing for all items for the duration of transport and storage.

g. Provide the Government with a Point of Contact (POC) for quality assurance and technical support and for supportive delivery services when needed by the Government.

h. Provide the Government with an itemized list of the delivered contents on vendor's official company letterhead when making any delivery. The listing shall include the quantities, type of wardrobe (110lbs/50 kg or 154lbs/70 kg), call numbers, and the vendor POC.

i. Ensure deliveries are made only during the specified opening hours of the receiving unit. Normally these are Monday through Friday, except on U.S. and local holidays, and are made no earlier than 0830 hours. Ensure unloading is completed by 1500 hours. Other specified opening hours or restrictions for the delivery location may be provided to the BPA holder in the call.

j. Coordinate delivery time with the Government receiving activity and receive their approval of the scheduled delivery time prior to the delivery.

k. Ensure delivery and packing terms meet commercial standard shipping practices to allow safe transport and ensure minimum risk of damage to the wardrobes.

l. Provide each Government ordering activity a user's instruction manual (hard copy) in the English language with instructions on how to assemble/disassemble the wardrobes.

m. Provide the Government ordering activity with delivery tickets with all shipments under this agreement.

The following information must be shown on each delivery ticket as a minimum:

(1) Name of contractor, Point of contact name, Phone number and e-mail address

(2) BPA Number

(3) Date of call

(4) Call number

(5) Name of individual placing call

(6) Itemized list of items furnished, type, quantity, unit price, and color of item and extension amount of each item

(7) Date of delivery or shipment.

(8) Receiving office/unit/delivery address

n. Provide the Government with customs clearance documentation if items are purchased/shipped from outside the European Union (EU).

o. Delivery shipment, including all vehicles, drivers and contractor personnel will comply with local law registration processes, ID and US base entree policies set for the receiving location.

p. At the beginning of the BPA the Government will purchase a single wardrobe for inspection prior to placing a larger order. If the Government determines as a result of this inspection that the delivered wardrobe does not meet the specifications (Attachments 2a and 2b), the Government may request a replacement item or may off-ramp the BPA holder.

8. INVOICES

The BPA holders shall submit an invoice for each call placed through Wide Area Work Flow (WAWF) in accordance with DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports, December 2018.

9. WARRANTIES

BPA holders shall provide a minimum 2 year warranty against defects of material and workmanship under normal use similar to those normally provided within the receiving countries public rules for equivalent items.

Once wardrobes are delivered to the Government warehouse, the Government will inspect them and accept them if they meet the terms and conditions of the order. The 2 year warranty begans once the Government has taken acceptance of the wardrobes. The Government uses the Wide Area Workflow (WAWF) system for inspection and acceptance. The BPA holder is notified of Government acceptance through the WAWF system. When the Government accepts the delivery in WAWF, the BPA holder can initiate the invoice in WAWF. The warranty period shall commence on the date the Government accepts the wardrobe(s).

10. PATENT RIGHTS

BPA holders shall respect patent rights.

11. ANNUAL REVIEW

The Government shall annually review this BPA before the anniversary of its effective date and revise it as necessary to conform to the requirements of the Federal Acquisition Regulation (FAR).

12. PROGRAM PERFORMANCE STANDARDS

This is a strategic sourcing program in support of USAFE and USAREUR. Success is contingent upon successful performance of all BPA holders within the program. Specifically, the Air Force expects the following performance standards to be met throughout the term of all BPAs:

a. Delivery. BPA holders shall strive to meet delivery requirements of Government customers. The expected delivery schedule at the Call level is between 60 and 100 calendar days after confirming a call depending on the size of the order. (Reference is made to the quantity and applicable delivery time as shown on the Wardrobes Price List (Attachment 1)). The Government will not accept any late delivery of any wardrobe absent a written modification to the order by the Contracting Officer, to include consideration from the BPA holders to the Government for such an extension to the delivery date. If there are any delivery issues, BPA holders shall proactively address them with the requiring activity and the ordering activity.

b. Quality. BPA holders shall ensure the quality of their product stays consistent throughout the program.

13. CALL ORDERING PROVISION

The following ordering procedures apply to all Calls issued under this multiple award BPA. The Government will order foldable wardrobes to be furnished under this multiple award BPA by issuance of Calls. In addition:

a. Only an authorized CO, an authorized representative of a CO (authorized caller) or a GPC holder can issue a Call under this multiple award BPA.

b. An authorized CO, an authorized caller or a GPC holder can place a Call for one or several types of foldable wardrobes covered by this multiple BPA.

c. All Calls are subject to the terms and conditions of the multiple award BPA. In the event of conflict between a Call and the multiple award BPA, the multiple award BPA takes precedence.

d. Under this multiple award BPA, The fixed priced orders at the Call level. The Government may place calls in Euros, British Pounds or US Dollars depending on the country and the contractor. The Government will apply the current budget exchange rate at time of call award and will use this rate for price comparison.

(Reference: see page 183 of "Operaton and Maintenance Overview of Budget Estimates" https://comptroller.

defense.gov/Portals/45/Documents/defbudget/fy2020/fy2020_OM_Overview.pdf )

e. All cost associated with marketing, quotation preparation, presentation, submission and negotiation in response to any delivery request or Call shall be at the BPA holder's expense and will not be allowable as a direct charge. The BPA holders shall not direct charge the Government for post award Call administration.

f. All BPA holders will be given the opportunity to compete for Calls or GPC buys exceeding the micro-purchase threshold ($10K) unless one of the exceptions at FAR 6 applies or a statute expressly authorizes or requires that the purchase be made from a specified source. Ordering activities may make GPC buys up to $25K.

g. BPA holders shall perform no work and the Government will make no payment except as authorized by a Call being placed or by a GPC purchase. The BPA holder shall not proceed with any work pursuant to this section until a Call is issued by the appropriate Contracting Officer, an authorized representative of a CO (authorized caller) or a GPC holder. The Contracting Offices using the BPAs are responsible to establish an authorized callers list. No work shall be performed and no payment will be made except as authorized by a call.

This list will be updated annually and shall be provided by the Contracting Offices to 764 ESS on an annual basis from the establishment of the BPAs. This list will be provided by 764 ESS to the BPA holders during the annual review.

h. The Government's selection decision on each Call evaluation shall be final.

i. The Government reserves the right to make award of the BPAs and Calls without discussions.

j. The Government will make Call award(s) or GPC buys to the BPA holder who is determined to best meet the needs of the Government. While the Government anticipates the use of the lowest price technically acceptable for Calls, the Government may use a trade-off as the basis for award. The caller or GPC holder shall inform the BPA holders of the basis of award at time of soliciting a Call or GPC buy.

k. The Government will evaluate Call offers in accordance with FAR 13.106-2(b) and FAR 15.402. In case adequate competition does not exist the Government will use other proposal analysis techniques IAW 15.404-1 (b)(2) in order to justify prices fair and reasonable.

l. Ordering activities may place non-competitive GPC orders up to the micro-purchase threshold ($10K).

Although ordering activities are not required to solicit from a specific number of schedule contractors, the Government encourages them to attempt to distribute GPC buys among the different BPA holders.

14. ON-RAMP PROCEDURES

The Government reserves the right to enter into BPAs with additional BPA holders at any time during the five

(5) year term of the foldable wardrobe BPA. The Government intends to review the need for additional BPA holders periodically in order to sustain competition at the Call level. If the Government determines that additional BPA holders are needed, the Government may on-ramp new BPA holders in order to keep the eligible pool of BPA holders viable. When an on-ramp is used, the Government will advertise the request for additional BPA holders on beta.SAM.gov. The evaluation and selection of BPA holders for any on-ramp will follow the evaluation criteria used for the initial foldable wardrobe BPAs. Any new BPA holders will compete with any remaining BPA holders for all Calls in accordance with the Ordering Guide. Any changes in the number and composition of BPA holders due to on-ramps will not impact the overall maximum term of the original BPAs (i.

e., the term of the original BPAs will not extend past the five (5) year term established at initial agreement). The Government will not consider unsolicited requests for addition of BPA holders to the agreement.

15. OFF-RAMP PROCEDURES

The Government, in its sole discretion, reserves the right to off-ramp a BPA holder by notifying (via email or other written notice) the BPA holder of the Government's intention to cancel their BPA. BPA cancellation does not release the BPA holder from the duty to continue performance on Calls placed prior to the effective date of BPA cancellation. Ongoing orders will continue in accordance with their own period of performance, even if the Government cancels the underlying BPA.

The Government will provide a 30-day written notice to any BPA holder it intends to off-ramp. However, it is the Government's intent to maintain a pool of BPA holders to ensure competition at the Call level for the duration of the BPA ordering period. Any BPA cancelled will be at no cost to the Government and shall not constitute a basis for an adjustment or a claim under the Disputes clause.

16. POINTS OF CONTACT

The Contracting personnel listed below are the points of contact for the Master BPA. In order to determine the call POC, refer to the call number. Address all questions or concerns to all POCs via e-mail.

a. Maria Kuper, Contract Specialist, maria.kuper.de@us.af.mil

b. Jennifer Schneider, Contracting Officer, jennifer.schneider.7.de@us.af.mil

17. CALL/ORDER TRACKING

In order to track the savings of this BPA, contractor shall provide a quarterly report as filled out Attachment 3 -"Vendor Data Spreadsheet" including GPC orders, outlining the following data: Delivery Order Number, Order Date, POC, Email, Organization, Item, Quantity, Unit Price from Attachment 1, Discount, Discount Percentage and Total Order Cost.

Please provide this information via Email on the following dates:

15 Apr (Covering the period from 01 Jan through 31 Mar) 15 Jul (Covering the period from 01 Apr through 30 Jun) 15 Oct (Covering the period from 01 Jul through 30 Sep) 15 Jan (Covering the period from 01 Oct through 31 Dec), to Ms Danielle Diaz, Email: danielle.diaz.3@us.af.mil; Phone: 06371- 47-4626, Uschi Hoermann, Email: ursula.

hoermann.de@us.af.mil , 06371-47- 2766, Jennifer Schneider, Email: jennifer.schneider.7.de@us.af.mil 0631-536-6788., and Maria Kuper, Email: maria.kuper.de@us.af.mil 0631-536-7113.

18. PRICING

Prices charged by the contractor to the U.S. Government shall be no higher than those on the approved current price list for actual calls. The BPA holders shall submit an updated price list (Attachment 1) to the BPA Contracting Officer (764th Enterprise Sourcing Squadron) by 30 September of each year. Price list shall remain current for one year unless approved

Requirements This multiple award BPA is for folding wooden wardrobes for US military personnel stationed in Europe.

Packaging and Marking

Inspection and Acceptance

Inspection and acceptance will be conducted at Government Facility specified at time of call unless otherwise provided. Until delivery and acceptance, and after any rejections, risk of loss will be on the contractor unless loss results from negligence of the United States Government. Notwithstanding the requirements for any Government inspection and test contained in specification applicable to this contract, except where specialized inspections or tests are specified for performance solely by the government, the vendor shall perform or have performed the inspections and tests required to substantiate that the supplies and services provided under the contract conform to the drawings, specification, and contract requirements for the manufacturer's part numbers specified herein.

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-2 Inspection of Supplies-Fixed-Price. 1996-08 52.246-16 Responsibility for Supplies. 1984-04

Deliveries or Performance

Contractor Destination

FoB Details

Contractor Destination

FoB Details

Contractor Destination

DFARS Clauses Incorporated by Full Text

252.247-7023 Transportation of Supplies by Sea. 2019-02

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (FEB 2019)

(a) Definitions. As used in this clause-

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items;

construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Noncommercial items; or

(B) Commercial items that-

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION CONTRACT LINE ITEMS QUANTITY

TOTAL - - -

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7008 Assignment of Claims (Overseas). 1997-06

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

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.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(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.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC Specified on Call Issue By DoDAAC Specified on Call Admin DoDAAC Specified on Call Inspect By DoDAAC TBD- Ship To Code Specified on Call Ship From Code TBD- Mark For Code TBD- Service Approver (DoDAAC) TBD Service Acceptor (DoDAAC) TBD Accept at Other DoDAAC TBD LPO DoDAAC TBD DCAA Auditor DoDAAC TBD Other DoDAAC(s) TBD (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

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

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

(g) WAWF point of contact.

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

-TBD

(Contracting Officer: Insert applicable information or "Not applicable.")

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

Special Contract Requirements

Contract Clauses

FAR Clauses Incorporated by Reference

52.204-7 System for Award Management (OCT 2018) 52.204-13 System for Award Maintenance (Oct 2018 52.212-3 Offeror Representations and Certifications-Commercial Items (Nov 2020) 52.213-1 Fast Payment Procedure (May 2006) 52.246-2 Invoices (Apr 1984) 52.246-16 Responsibility for suppliers

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract This contract is subject to the written approval of 764 ESS and shall not be binding until so approved.

End of clause)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

a) Definitions. As used in this clause- Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (C100164 committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020)

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 items.

(End of clause)

52.225-5 Trade Agreements.

As prescribed in 25.1101(c)(1), insert the following clause:

Trade Agreements (Oct 2019)

(a) Definitions. As used in this clause- Caribbean Basin country end product--

(1) Means an article that- (i)

(A) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(B) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed; and

(ii) Is not excluded from duty-free treatment for Caribbean countries under 19 U.S.C.2703(b).

(A) For this reason, the following articles are not Caribbean Basin country end products:

(1) Tuna, prepared or preserved in any manner in airtight containers;

(2) Petroleum, or any product derived from petroleum;

(3) Watches and watch parts (including cases, bracelets, and straps) of whatever type including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the Harmonized Tariff Schedule of the United States (HTSUS) column2 rates of duty apply (i.e., Afghanistan, Cuba, Laos, North Korea, and Vietnam); and

(4) Certain of the following: textiles and…