BPA - FA564121A0013 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

FA564121A0013

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

Allowed Per Order Maximum: 7,000,000.00 Dollars, U.S.

Contractor Obligation to Deliver Maximum: 45,400,000.00 Dollars, U.S.

Item Supplies/Service Quantity Unit Unit Price Amount

Washers Commodity Name: Washers Product Service Code: 7290 Firm Fixed Price

Dryers Commodity Name: Dryers Product Service Code: 7290 Firm Fixed Price

Refrigerators/Freezers Commodity Name: Refrigerators/Freezers Product Service Code: 7290 Firm Fixed Price

Dishwashers Commodity Name: Dishwashers Product Service Code: 7290 Firm Fixed Price

Description/Specifications/Statement of Work

BPA TERMS AND CONDITIONS

EUROPEAN COMMERCiAL HOUSEHOLD APPLIANCES

1. DESCRIPTION OF AGREEMENT

This multiple award BPA is for European commercial household appliances (washers, dryers, refrigerators /freezers, and dishwashers), if and when requested by the Contracting Officer (CO), the authorized representative (Authorized Caller) of the CO or 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, and the United Kingdom (U.K.), it may be utilized by DoD affiliated agencies throughout Europe. The BPA holders shall provide fully assembled appliances and shall replace any missing or damaged appliances within 20 business days of receiving written notification from the Government.

This includes all connecting devices or other amenities (i.e. hoses, filters, electrical cables, etc.) required for the item to be ready for use, which shall come packaged with each item. The Government may grant a BPA holder an extension of up to the 20 business days to replace missing or damaged appliances; however, such extensions will be based on written modifications to the order and include consideration from the BPA holder to the Government for such an extension to the delivery time.

2. DURATION OF MULTIPLE AWARD BPAs The multiple award BPA will be in effect for no longer than ten (10) years from the date of the award. USAFE and USAREUR estimate spending approximately $45.4 million under this program across all BPAs over the course of ten (10) years. This number is an estimate and not intended to be a ceiling. The BPA holder's responsibility to deliver against calls may extend beyond the effective period of this multiple award BPA.

However, no new calls may be placed once the ten (10) 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 multiple award BPA shall not be construed as a guarantee by the Government 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.

5. PURCHASE LIMITATIONS

The purchase limitation for individual calls is currently $7M for USAFE and USAREUR IAW AFFARS 5313.303-5(b)(2) and AFARS 5113.305-5. Before purchase is made agencies shall verify the applicable purchase limitation by reviewing their agency regulations.

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, authorized representatives of the CO (Authorized caller) or GPC holders up to their purchase limitations (GPC Office may authorize up to $25,000.00) of the following organizations: USAFE and USAREUR as well as other DoD affiliated agencies. The Government reserves the right to add additional authorized users, if necessary. The Government will discuss the addition of authorized users with BPA holders in advance prior to being made 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 Government prior to the delivery. Partial deliveries are authorized for this BPA.

c. Deliver all appliances FOB destination within 60 business days after confirming a call. The Government may extend the delivery period to 90 business days after confirming a call for good cause. However, such extensions will be based on written modifications to the 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 or load all orders for clamp off-loading delivery as specified in the calls. Clamp off-loading consists of off-loading with a forklift.

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 for all products 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, models, call numbers, and the vendor POC.

i. Ensure deliveries are made on Monday through Friday, except on U.S. and local holidays, and are made no earlier than 0830 hours, unless otherwise specified for the delivery location in the call. Ensure unloading is completed by 1500 hours.

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 appliances.

l. Ensure each appliance has an item serial number barcode that is readable on exterior of the packing box.

If items are palletized, ensure all barcodes are accessible and visible on the outer front of the product.

m. Provide a User's instruction manual (hard copy) in the English language with each appliance.

n. Provide each Government ordering activity with an electronic format CD or DVD of the User's instruction manual, along with a repair manual that includes parts lists, spare part numbers, drawings, exploded view drawings, error codes definitions, reset codes, and troubleshooting guide in the English language that is readable with standard Microsoft Windows Office Software. No formats except CD or DVD are acceptable.

o. Provide 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, quantity, unit price, and extension of each item

(7) Date of delivery or shipment.

(8) Receiving office/unit/delivery address

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

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 the European Union (EU) minimum 2-year manufacturer's warranty (statutory liability) against defects of material and workmanship under normal use. Upon delivery to the Government warehouse the Government inspects the delivered appliances and accepts them if they meet the terms and conditions of the order. 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 accepted the delivery in WAWF the BPA holder can initiate the invoice in WAWF. The warranty period shall commence on the date the Government accepted the appliance.

10. ANNUAL REVIEW

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

11. PROGRAM PERFORMANCE STANDARDS

This is an Air Force-wide strategic sourcing program. 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:

Delivery. BPA holders shall strive to meet delivery requirements of Government customers. The expected delivery schedule at the Call level is 60 business days after placement of order, unless otherwise stated. The Government will not accept any late delivery of any appliance 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.

12. CALL ORDERING PROVISION

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

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

b. An authorized CO, the authorized representative (authorized caller) or a GPC holder can place a Call for one or several types of commercial European household appliances covered by this multiple award 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 Government will award 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 or by a GPC buy. 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 at the best price. Lowest price technically acceptable is the Government's 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.

13. ON-RAMP PROCEDURES

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

(10) year term of the Appliances 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 European household appliances 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 ten (10) year term established at initial agreement). The Government will not consider unsolicited requests for addition of BPA holders to the agreement.

14. 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.

15. POINTS OF CONTACT

The following Contracting personnel are the points of contact for this master BPA:

a. Barbara Wafzig, Contract Specialist, 764 ESS/PKA, barbara.wafzig.de@us.af.mil

b. Jennifer Schneider, Contracting Officer, 764 ESS/PKA, jennifer.schneider.7.de@us.af.mil

This master BPA will be used by different Contracting Offices. For each call placed there will be a specific POC. In order to determine the call POC, refer to the call number.

16. CALL/ORDER TRACKING

In order to track the savings and usage of this BPA, the contractor shall provide a quarterly report as filled out Attachment 2 -"Vendor Data Spreadsheet" including GPC orders, outlining the following data: Call Order Number, Call Order Date, POC, Email, Organization, Item, Quantity, Unit Price, Discount, Discount Percentage and Total Call 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 Barbara Wafzig, Email: barbara.wafzig.de@us.af.mil 0631-536-7131

17. Calls shall only be made IAW the attached list of approved brands per appliance type and location.

(Attachement 1)

18. TAA COMPLIANCE:

All calls placed against this BPA have to be compliant with the Trade Agreement Act (TAA). The TAA applies for orders exceeding $182,000.00. In accordance with the TAA all products have to be either U.S. made, manufactured in a designated country or manufactured in a qualifying country. Reference is made to FAR 25.402 (b).

Requirements Multiple BPAs for European commercial household appliances (washers, dryers, refrigerators/freezers and dishwashers) for U.S. locations in Germany, Italy and the United Kingdom in accordance with RFQ Attachment 1 - Condensed Summary.

Packaging and Marking

Inspection and Acceptance

Inspection and Acceptance

Invoicing and Receiving Report Procedures: You are required to submit your invoice electronically via the Internet through Wide Area Workflow (WAWF) system at https://wawf.eb.mil. Should you experience problems receiving payment of this contract, please contact Defense Finance and Accounting Service, ATTN:

Limestone, Columbus, Ohio, at dfas.limestone-me.jaq.mbx.dfas-li-customer-inquiries@mail.mil Inspection and Acceptance Administration: The inspection and acceptance will be performed in WAWF.

Payment instructions will be cited in each call.

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

Government Destination

FoB Details

Contractor Destination

FoB Details

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) As used in this clause- Definitions.

"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 TBD Issue By DoDAAC TBD Admin DoDAAC TBD Inspect By DoDAAC TBD Ship To Code TBD 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.

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

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

Special Contract Requirements

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation. 2016-03

As prescribed in 211.274-6(a)(1), use the following clause:

ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(a) . As used in this clause- Definitions

"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 identifierdata elements in order of theissuing 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 identifierdata elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;andserial 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 http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.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 http://www.acq.osd.mil/dpap/pdi/uid/uii_types.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

(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

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

(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-

Serialize within the enterprise identifier;(1)

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

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

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

Contract Clauses

52.225-5 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 apparel articles; footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; or handloomed, handmade, and folklore articles;

(B) Access to the HTSUS to determine duty-free status of articles of these types is available at https://usitc.gov /tata/hts/index.htm. In particular, see the following:

(1) General Note3(c), Products Eligible for Special Tariff treatment.

(2) General Note17, Products of Countries Designated as Beneficiary Countries under the United States- Caribbean Basin Trade Partnership Act of 2000.

(3) Section XXII, Chapter 98, Subchapter II, Articles Exported and Returned, Advanced or Improved Abroad, U.S. Note7(b).

(4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special Tariff Benefits under the United States-Caribbean Basin Trade Partnership Act; and

(2) Refers…