Clindamycin Phosphate - Benzoyl Peroxide National Contract Solicitation SPE2D223R0012.pdf

SOLICITATION NO. SPE2D2-23-R-0012 Page 2 of 102

Table of Contents

Page

Continuation of Blocks from the Standard Form 1449 5

Block 9, Issued By 5

Block 17a, Contractor/Offeror 5

Block 17b, Remittance Address 5

Block 19-22, Item No., Schedule of Supplies/Services, Quantity, Unit 6

Caution Notices

Contractor Code of Business Ethics 7

Contract Clauses

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (by reference, see SF 1449, Block 27a) (DEC 2022)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders—Commercial Items (JUN 2023)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG

2020)

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) 18

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020) 19

FAR 52.216-21 Requirements (OCT 1995) 19

FAR 52.217-5 Evaluation of Options (JUL 1990) 20

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000) 20

FAR 52.247-34 F.o.B Destination (JAN 1991) 20

Statement of Work

1. Background 21

2. Purpose and Objective 21

3. Purchase Compliance 22

4. Extent of Obligation 22

5. Contract Price Effective Date 22

6. Contract Performance Date 22

7. Chargeback Agreements 22

8. Special Contract Considerations 23

9. Delivery 23

10. Transition Period 23

11. Contract Duration 23

12. Ordering and Acceptance of Orders 23

13. Initial Orders 24

14. National Contract Backorders 24

15. Product Registration 25

16. Preparation for Delivery 25

17. Labeling 25

18. Therapeutic Equivalence 26

19. Drug Application 26

SOLICITATION NO. SPE2D2-23-R-0012 Page 3 of 102

20. Manufacturing Facilities 26

21. Recalls 27

22. Cost Recovery Fee and Submission of Quarterly Sales Reports 28

Solicitation Provisions

FAR 52.212-1 Instructions to Offerors—Commercial Items (MAR 2023) 30

Addendum 1 to 52.212-1 – Paragraph Modifications 35

Addendum 2 to 52.212-1 – Preparation & Organization of Proposals 36

Addendum 3 to 52.212-1 – Volume 2 – Price Proposal 40

Addendum 4 to 52.212-1 – Caution Statements and Notifications 41

FAR 52.212-2 Evaluation—Commercial Items (NOV 2021) 42

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (DEC 2022) Alternate I (OCT 2014)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment (NOV 2021)

FAR 52.204-26 Covered Telecommunications Equipment or Services-

Representation (OCT 2020)

FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other than

Certified Cost or Pricing Data (NOV 2021)Alternate IV OCT 2010

FAR 52.215-6 Place of Performance (OCT 1997) 70

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements--Representation

(Jan 2017)

FAR 52.216-1 Type of Contract (APR 1984) 74

FAR 52.225-18 Place of Manufacture (AUG 2018) 74

FAR 52.229-11 Tax on Certain Foreign Procurements - Notice and Representation

(JUN 2020)

FAR 52.233-2 Service of Protest (SEP 2006) 77

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 77

FAR 52.252-5 Authorized Deviations in Provisions (NOV 2020) 78

DFARS 252.204-

Covered Defense Telecommunications Equipment or Services—

Representation (DEC 2019)

DFARS 252.204-

Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services—Representation

(MAY 2021)

DFARS 252.204-

Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services (JAN 2023)

DFARS 252.225-

Duty-Free Entry (DEC 2022) 82

DFARS 252.225-

Trade Agreements Certificate (NOV 2014) 86

DFARS 252.225-

Trade Agreements (JAN 2023) 87

SOLICITATION NO. SPE2D2-23-R-0012 Page 4 of 102

DFARS 252.225-

Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems – Representation (Deviation 2020-O115) (MAY

2020)

DFARS 252-225-

Representation Regarding Business Operations with the Maduro

Regime (MAY 2022)

DFARS 252-225-

Prohibitions Regarding Business Operations with the Maduro

Regime (JAN 2023)

DFARS 252.229-

Full Exemption from Two-Percent Excise Tax on Certain Foreign

Procurements (OCT 2022)

DFARS 252.232-

Accelerating Payments to Small Business Subcontractors –

Prohibition on Fees and Consideration (JAN 2023)

DFARS 252.239-

Prohibition on Contracting to Maintain or Establish a Computer

Network Unless Such Network is Designed to Block Access to

Certain Websites – Representation (Deviation 2021-O0003) (April

2021)

DLAD 5452.233-

Disputes: Agreement to Use Alternative Dispute Resolution (ADR)

(JUN 2020)

Additional Clauses as Applicable 97

Procurement Notes

L06 Agency Protests 42

Appendixes

Appendix A: Pharmaceutical Prime Vendors 101

Appendix B: Agency Annual Demand Projections 102

SOLICITATION NO. SPE2D2-23-R-0012 Page 5 of 102

CONTINUATION OF SF 1449

Block 9, Issued By: Submission Instructions

› Submit offers “electronically” at the Defense Logistics Agency Internet Bid Board System

(DIBBS) https://www.dibbs.bsm.dla.mil/

› Instructions

• Vendors are required to register for DIBBS prior to submission of any offer.

• Registration assistance and guidelines may be found at:

https://www.dibbs.bsm.dla.mil/refs/help/Registration/RegistrationGuidelines.aspx

• When registered, the vendor may submit an offer in response to a solicitation found on the

RFP search screen by selecting the “Offer” icon. The button will only be selectable for vendors who are logged onto DIBBS. If not logged in yet, DIBBS will take you to the log in screen.

o Solicitation Number: SPE2D2-23-R-0012 o Opening/Closing Date and Time: July 05, 2023 to August 04, 2023 3:00PM EDT

• Upload a completed offer and all associated documents. The SF 1449 must be signed and the offer completed in its entirety in accordance with the solicitation requirements. Do not select “submit” until all associated documents are added. No data will be saved unless the offer is submitted. Once submitted, documents may be added, but not removed. No documents may be submitted after the closing date on August 04, 2023 3:00PM EDT.

• If the ability to upload proposals is unavailable for any reason, this does not constitute an acceptable reason for a late offer.

o CAUTION – LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.212-1(f) (Page 32 of the solicitation).

• The instructions to upload a solicitation and associated documents can be found at:

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FP ortals%2F104%2FDocuments%2FInformationOperations%2FEBS%2520Supplier%2520I nformation%2FUpload%2520Proposal%2520DIBBS%2520Help.docx

(Please contact Phyllis.Daraio@dla.mil with any questions or technical issues related to DIBBS submission of offers for this solicitation.)

Block 17a: Contractor/Offeror

› Offeror’s assigned Unique Entity Identifier Number:_______________

(If you do not have a Unique Entity Identifier number, contact the individual identified in Block

7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on establishing a unique entity identifier)

› Offeror’s assigned Contractor and Government Entity (CAGE) Code:__________________

Block 17b: Remittance Address

(if different from Contractor/Offeror address in block 17a of the SF 1449.)

https://www.dibbs.bsm.dla.mil/ https://www.dibbs.bsm.dla.mil/refs/help/Registration/RegistrationGuidelines.aspx https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FInformationOperations%2FEBS%2520Supplier%2520Information%2FUpload%2520Proposal%2520DIBBS%2520Help.docx https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FInformationOperations%2FEBS%2520Supplier%2520Information%2FUpload%2520Proposal%2520DIBBS%2520Help.docx https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FInformationOperations%2FEBS%2520Supplier%2520Information%2FUpload%2520Proposal%2520DIBBS%2520Help.docx

SOLICITATION NO. SPE2D2-23-R-0012 Page 6 of 102

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

ESTIMATED

QUANTITY

22.

UNIT

23.

UNIT

PRICE

24.

AMOUNT

0001AA

0001AB

0001AC

0001AD

0001AE

0002AA

0002AB

0002AC

0002AD

0002AE

0003AA

0003AB

0003AC

0003AD

0003AE

0004AA

0004AB

0004AC

0004AD

0004AE

0005AA

0005AB

0005AC

0005AD

0005AE

Clindamycin Phosphate 1% - Benzoyl Peroxide 5% Gel

25GM* Tube

National Drug Code (NDC) ____-____-____

Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year 4

50GM* Tube

National Drug Code (NDC) ____-____-____

Base Year

Option Year 1

Option Year 2

Clindamycin Phosphate 1.2% - Benzoyl Peroxide 5% Gel

45GM* National Drug Code (NDC) ____-____-____

Base Year

Option Year 1

Option Year 2

35GM* Tube with pump

National Drug Code (NDC) ____-____-____

Base Year

Option Year 1

Option Year 2

50GM* Tube with pump

National Drug Code (NDC) ____-____-____

Base Year

Option Year 1

Option Year 2

* GM = GRAM

**TU = TUBE

-The quantities specified in the Schedule are estimates only.

Reference FAR 52.216-21 Requirements for details.

8,998

8,998

13,391

13,391

27,943

27,943

2,982

2,982

**TU

TU

TU

TU

TU

TU

TU

SOLICITATION NO. SPE2D2-23-R-0012 Page 7 of 102

1. Offerors are required to submit offers via Defense Logistics Agency Internet Bid Board

System (DIBBS).

See page 5 Block 9: Submission Instructions for link to DIBBS. Upload of offer to DIBBS is the only authorized method of proposal submittal. Offers submitted by email, postal mail, or physical delivery ARE NOT AUTHORIZED.

2. Subcontracting Plan

Pursuant to the requirements of Public Law 95-507, all large business offerors must submit a subcontracting plan with their offer. All large business concerns are required to have an approved subcontracting plan for contracts valued over $750,000 before the Government can award a contract (see FAR 52.219-9 for details). Offerors must submit a currently approved commercial plan or a new plan for review and approval.

Instructions for submitting the subcontracting plan are included in FAR 52.212-1 Addendum 2.

Contractors are required to report progress on subcontracting goals to the electronic

Subcontracting Reporting System (eSRS) twice a year. eSRS is an internet-based tool that streamlines the process of reporting on subcontracting plans and provides agencies with access to analytical data on subcontracting performance.

4. Assessments/Reports

As prescribed in FAR Part 42.15, DLA Troop Support evaluates contractor performance on all contracts that exceed $250,000.00, and shares those evaluations with other federal government agencies. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement, DLA Troop

Support will be using an online database, the Contractor Performance Assessment Reporting

System (CPARS). Annual reporting of past performance will be completed at http://www.cpars.gov and uploaded to Past Performance Information Retrieval System (PPIRS).

5. Contractor Code of Business Ethics

FAR Part 3.1002(a) requires all Government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with

Government contracts and ensures corrective measures are promptly instituted and carried out.

A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the Government, in connection with the award, performance, or closeout of a

Government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims

Act. (31 U.S.C. 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF

BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving http://www.cpars.gov/

SOLICITATION NO. SPE2D2-23-R-0012 Page 8 of 102 fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States

Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial

Services (DEC 2022)

Incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse.

Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the

HTML or PDF Format links.

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or

Executive Orders-Commercial Products and Commercial Services (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203–19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113–235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–

91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209–10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31

U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233–3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233–4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108–77 and

108–78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.govinfo.gov/link/plaw/113/public/235 https://www.govinfo.gov/link/plaw/115/public/91 https://www.govinfo.gov/link/plaw/115/public/91 https://www.govinfo.gov/link/plaw/115/public/232 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.govinfo.gov/link/uscode/31/3553 https://www.govinfo.gov/link/uscode/19/3805 https://www.ecfr.gov/current/title-48/section-52.212-5#p-52.212-5(b)

SOLICITATION NO. SPE2D2-23-R-0012 Page 9 of 102

_X_ (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

_X_ (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

__ (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111–5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

__ (5) [Reserved]

__ (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section

743 of Div. C).

__ (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

_X_ (8) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117–328).

_X_ (9) 52.209–6, Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

_X_ (10) 52.209–9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

__ (11) [Reserved]

__ (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.

657a).

_X_ (13) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

__ (14) [Reserved]

__ (15)(i) 52.219–6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219–6.

__ (16)(i) 52.219–7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

https://www.govinfo.gov/link/uscode/41/4704 https://www.govinfo.gov/link/uscode/10/4655 https://www.govinfo.gov/link/uscode/41/3509 https://www.govinfo.gov/link/uscode/41/3509 https://www.govinfo.gov/link/plaw/111/public/5 https://www.govinfo.gov/link/plaw/109/public/282 https://www.govinfo.gov/link/uscode/31/6101 https://www.govinfo.gov/link/plaw/111/public/117 https://www.govinfo.gov/link/plaw/111/public/117 https://www.govinfo.gov/link/plaw/117/public/328 https://www.govinfo.gov/link/uscode/31/6101 https://www.govinfo.gov/link/uscode/41/2313 https://www.govinfo.gov/link/uscode/15/657a https://www.govinfo.gov/link/uscode/15/657a https://www.govinfo.gov/link/uscode/15/657a https://www.govinfo.gov/link/uscode/15/657a https://www.govinfo.gov/link/uscode/15/644

SOLICITATION NO. SPE2D2-23-R-0012 Page 10 of 102

__ (ii) Alternate I (Class Deviation 2020-O0008) (MAR 2020) of 52.219–7.

_X_ (17) 52.219–8, Utilization of Small Business Concerns (Class Deiation 2020-O0008)(DEC

2022) (15 U.S.C. 637(d)(2) and (3)).

_X_ (18)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219–9.

_X_ (iii) Alternate II (NOV 2016) of 52.219–9.

__ (iv) Alternate III (JUN 2020) of 52.219–9.

__ (v) Alternate IV (Classs Deviation 2019-O0005 Revision 1) (JAN 2019) of 52.219–9.

__ (19)(i) 52.219–13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219–13.

__ (20) 52.219–14, Limitations on Subcontracting, Class Deviation 2021-O0008 (Feb 2023) (15

U.S.C. 637(a)(14)).

_X_ (21) 52.219–16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)002E).

__ (22) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT

2022) (15 U.S.C. 657f).

_X_ (23)(i) 52.219–28, Post-Award Small Business Program Representation (MAR 2023) (15

U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219–28.

__ (24) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged

Women-Owned Small Business (EDWOSB) Concerns (OCT 2022) (15 U.S.C. 637(m)).

__ (25) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small

Business (WOSB) Concerns Eligible Under the Women-Owned Small Business Program (OCT

2022) (15 U.S.C. 637(m)).

__ (26) 52.219–32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

__ (27) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657 (a)(17)).

_X_ (28) 52.222–3, Convict Labor (JUN 2003) (E.O. 11755).

https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/15/644 https://www.govinfo.gov/link/uscode/15/657s https://www.govinfo.gov/link/uscode/15/657s https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/15/657f https://www.govinfo.gov/link/uscode/15/632 https://www.govinfo.gov/link/uscode/15/632 https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/15/644 https://www.govinfo.gov/link/uscode/15/657s

SOLICITATION NO. SPE2D2-23-R-0012 Page 11 of 102

_X_ (29) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (Class Deviation

2020-O0019) (JAN 2022) (E.O. 13126).

_X_ (30) 52.222–21, Prohibition of Segregated Facilities (APR 2015).

_X_ (31)(i) 52.222–26, Equal Opportunity (SEPT 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222–26.

_X_ (32)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222–35.

_X_ (33)(i) 52.222–36, Affirmative Action for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

__ (ii) Alternate I (July 2014) of 52.222–36.

_X_ (34) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

_X_ (35) 52.222–40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

_X_ (36)(i) 52.222–50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222–50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (37) 52.222–54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (38)(i) 52.223–9, Estimate of Percentage of Recovered Material Content for EPA-Designated

Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223–9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_X_ (39) 52.223–11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

_X_ (40) 52.223–12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) (E.O. 13693).

https://www.govinfo.gov/link/uscode/38/4212 https://www.govinfo.gov/link/uscode/29/793 https://www.govinfo.gov/link/uscode/29/793 https://www.govinfo.gov/link/uscode/38/4212 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/6962

SOLICITATION NO. SPE2D2-23-R-0012 Page 12 of 102

__ (41)(i) 52.223–13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223–13.

__ (42)(i) 52.223–14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

(ii) Alternate I (Jun 2014) of 52.223–14.

__ (43) 52.223–15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

__ (44)(i) 52.223–16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223–16.

_X_ (45) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

_X_ (46) 52.223–20, Aerosols (JUN 2016) (E.O. 13693).

_X_ (47) 52.223–21, Foams (JUN 2016) (E.O. 13693).

__ (48)(i) 52.224–3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224–3.

__ (49) 52.225–1, Buy American—Supplies (OCT 2022)) (41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225–1.

__ (50)(i) 52.225–3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501–4732), Public Law 103–182, 108–77, 108–78, 108–286, 108–302, 109–

53, 109–169, 109–283, 110–138, 112–41, 112–42, and 112–43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225–3.

__ (iv) Alternate III (JAN 2021) of 52.225–3.

__ (51) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/5/552a https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001 https://www.govinfo.gov/link/uscode/19/2501 https://www.govinfo.gov/link/uscode/19/3301

SOLICITATION NO. SPE2D2-23-R-0012 Page 13 of 102

_X_ (52) 52.225–13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the

Treasury).

__ (53) 52.225–26, Contractors Performing Private Security Functions Outside the United States

(OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (54) 52.226–4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

__ (55) 52.226–5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)

(42 U.S.C. 5150).

_X_ (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232–29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

__ (58) 52.232–30, Installment Payments for Commercial Products and Commercial Services (NOV

2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (59) 52.232–33, Payment by Electronic Funds Transfer—System for Award Management (OCT

2018) (31 U.S.C. 3332).

__ (60) 52.232–34, Payment by Electronic Funds Transfer—Other than System for Award

Management (JUL 2013) (31 U.S.C. 3332).

_X_ (61) 52.232–36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (62) 52.239–1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

_X_ (63) 52.242–5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

_X_ (64)(i) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247–64.

__ (iii) Alternate II (NOV 2021) of 52.247–64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

__ (1) 52.222–41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

https://www.govinfo.gov/link/uscode/42/5150 https://www.govinfo.gov/link/uscode/42/5150 https://www.govinfo.gov/link/uscode/41/4505 https://www.govinfo.gov/link/uscode/10/3805 https://www.govinfo.gov/link/uscode/41/4505 https://www.govinfo.gov/link/uscode/10/3805 https://www.govinfo.gov/link/uscode/31/3332 https://www.govinfo.gov/link/uscode/31/3332 https://www.govinfo.gov/link/uscode/31/3332 https://www.govinfo.gov/link/uscode/5/552a https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/46/55305 https://www.govinfo.gov/link/uscode/10/2631 https://www.ecfr.gov/current/title-48/section-52.212-5#p-52.212-5(c)

SOLICITATION NO. SPE2D2-23-R-0012 Page 14 of 102

__ (2) 52.222–42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

__ (3) 52.222–43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222–44, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

__ (5) 52.222–51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY

2014) (41 U.S.C. chapter 67).

__ (6) 52.222–53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (7) 52.222–55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

__ (8) 52.222–62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215–2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

https://www.govinfo.gov/link/uscode/29/206 https://www.govinfo.gov/link/uscode/29/206 https://www.govinfo.gov/link/uscode/29/206 https://www.govinfo.gov/link/uscode/42/1792 https://www.govinfo.gov/link/uscode/42/1792 https://www.ecfr.gov/current/title-48/section-52.212-5#p-52.212-5(d)

SOLICITATION NO. SPE2D2-23-R-0012 Page 15 of 102

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203–19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113–235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–

91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117–328).

(vi) 52.219–8, Utilization of Small Business Concerns (DEC 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR

19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222–21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(x) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xi) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222–40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222–

40.

(xiii) 52.222–41, Service Contract Labor Standards (AUG 2018)(41 U.S.C. chapter 67).

(xiv) __ (A) 52.222–50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

https://www.ecfr.gov/current/title-48/section-52.212-5#p-52.212-5(e)(1) https://www.govinfo.gov/link/uscode/41/3509 https://www.govinfo.gov/link/plaw/113/public/235 https://www.govinfo.gov/link/plaw/115/public/91 https://www.govinfo.gov/link/plaw/115/public/91 https://www.govinfo.gov/link/plaw/115/public/232 https://www.govinfo.gov/link/plaw/117/public/328 https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/38/4212 https://www.govinfo.gov/link/uscode/29/793 https://www.govinfo.gov/link/uscode/38/4212

SOLICITATION NO. SPE2D2-23-R-0012 Page 16 of 102

__ (B) Alternate I (Mar 2015) of 52.222–50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222–51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41

U.S.C. chapter 67).

(xvi) 52.222–53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222–54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xviii) 52.222–55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

(xix) 52.222–62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx)(A) 52.224–3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224–3.

(xxi) 52.225–26, Contractors Performing Private Security Functions Outside the United States

(OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226–6.

(xxiii) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

(31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of

52.232–40.

(xxiv) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) https://www.govinfo.gov/link/uscode/5/552a https://www.govinfo.gov/link/uscode/42/1792 https://www.govinfo.gov/link/uscode/42/1792 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.govinfo.gov/link/uscode/46/55305 https://www.govinfo.gov/link/uscode/46/55305 https://www.govinfo.gov/link/uscode/10/2631

SOLICITATION NO. SPE2D2-23-R-0012 Page 17 of 102

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020)

(a) Definition. As used in this clause–“Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense

Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or Government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the

NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract.

For contractors registered in the System for Award Management (SAM), the DLA Commercial and

Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch.

Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in

SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

FAR 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.

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the https://cage.dla.mil/

SOLICITATION NO. SPE2D2-23-R-0012 Page 18 of 102

Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

• FAR: https://www.ecfr.gov/cgi-bin/text-idx?SID=2a65ee6d124e0949d61d01c7d637b675&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

• DFARS https://www.ecfr.gov/cgi-bin/text idx?SID=2a65ee6d124e0949d61d01c7d637b675&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

• DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

The following additional clauses are incorporated by reference:

CLAUSE NUMBER TITLE DATE

FAR

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights

JUN 2020

FAR 52.204-13 System for Award Management Maintenance OCT 2018

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021

FAR 52.227-1 Authorization and Consent JUN 2020

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement

JUN 2020

FAR 52.232-17 Interest MAY 2014

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023 https://www.ecfr.gov/cgi-bin/text-idx?SID=2a65ee6d124e0949d61d01c7d637b675&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=2a65ee6d124e0949d61d01c7d637b675&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl https://www.ecfr.gov/cgi-bin/textidx?SID=2a65ee6d124e0949d61d01c7d637b675&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl https://www.ecfr.gov/cgi-bin/textidx?SID=2a65ee6d124e0949d61d01c7d637b675&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

SOLICITATION NO. SPE2D2-23-R-0012 Page 19 of 102

FAR 52.242-13 Bankruptcy JUL 1995

FAR 52.242-15 Stop-Work Order AUG 1989

DFARS

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

DFARS 252.204-7003 Control of Government Personnel Work Product APR 1992

DFARS 252.204-7012 Safeguarding Covered Defense Informationand Cyber Incident

Reporting (JAN 2023)

JAN 2023

DFARS 252.209-7004 Subcontracting with Firms That are Owned or Controlled by the

Government of a Country That is a State Sponsor of Terrorism

MAY 2019

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors MAR 2022

DFARS 252.243-7001 Pricing of Contract Modifications DEC 1991

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any Defense Acquisition Regulations System, Department of Defense (48 CFR 2) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

FAR 52.216-21 Requirements (OCT 1995)

(a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the

Government’s requirements do not result in orders in the quantities described as “estimated” or

“maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the

Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the

Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

https://www.ecfr.gov/current/title-48/chapter-1 https://www.ecfr.gov/current/title-48/chapter-1

SOLICITATION NO. SPE2D2-23-R-0012 Page 20 of 102

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last outstanding delivery is received for orders placed by the expiration date of the contract.

FAR 52.217-5 Evaluation of Options (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the

Government to exercise the option(s).

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at any time during the term of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

FAR 52.247-34 F.o.B. Destination (JAN 1991)

(a) The term “f.o.b. destination,” as used in this clause, means --(1) Free of expense to the

Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located;

and (2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the

Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the

Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight

ClassificatioFn for “heavy or bulky freight.” When supplies meeting the requirements of the

SOLICITATION NO. SPE2D2-23-R-0012 Page 21 of 102 referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall --

(1) (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

STATEMENT OF WORK

1. Background

The Defense Logistics Agency (DLA) Troop Support, Directorate of Medical Materiel provides pharmaceutical products for the Department of Defense (DoD) to its customers through its

Pharmaceutical Prime Vendor program. The Department of Veterans Affairs (VA) provides pharmaceutical products to its customers as well as the Indian Health Service (IHS) and the Bureau of Prisons (BoP) through the VA Pharmaceutical Prime Vendor Program. Hereafter these programs are collectively referred to as the “PPV.” A prime vendor is an independent business concern that functions as a purchaser's primary source for specified classes of products and is responsible for the delivery of goods produced by various suppliers. As a part of the Pharmaceutical Prime Vendor

Program, this solicitation will…