Combined Synopsis Solicitation Final 20261002_.pdf

Combined Synopsis/Solicitation for W15QKN26RA097

The U.S. Army Contracting Command – Rock Island at Picatinny is issuing this combined synopsis/solicitation W15QKN26RA097 as a Request for Quote (RFQ) for Hexagon Coordinate

Measurement Machines (CMM) Preventative Hardware, Software Maintenance and Repair Services to the DEVCOM-AC Quality Engineering & Systems Assurance (QE&SA) laboratory in support of U.S.

Army Combat Capabilities Development Command (DEVCOM) Armaments Center (AC), Picatinny

Arsenal, New Jersey.

This RFQ is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Revolutionary Federal Acquisition Regulation Overhaul (RFO) Subpart 12.201, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This procurement is a 100% sole source to Hexagon Metrology Corporation. This acquisition is a brand name requirement for the U.S. Army Combat Capabilities Development Command Armaments Center

(DEVCOM AC) and shall be issued under the authority of 41 United States Code (U.S.C.) 1901 as implemented in RFO 12.201-1, Simplified procedures, which restricts competition to only one source available. The applicable NAICS Code for this procurement is 811210: Electronic and Precision

Equipment Repair and Maintenance, with a small business size standard of $34M.

The Contractor shall provide preventative and emergency repair service for Hexagon CMMs, to include software upgrades, system calibration, hardware replacement, preventative maintenance, and helpdesk support. The

Contractor shall provide a one-year Hexagon MyCare Hardware Preventative Maintenance & Calibration

Agreement/Service Subscription, Software Support and Parts Blanket associated with five CMMs and one

Portable Coordinate Measuring Machines (PCMMs).

Offerors responding to this RFQ shall submit a Firm Fixed Price (FFP) quote for the listed Line Items.

This contract will consist of one 12-month base year with four 12-month option years. Offerors must be able to provide all the line items meeting the specifications and requirements provided in the RFQ, and

RFQ Provisions & Clauses within the specified delivery time.

Issuing Office Information and Points of Contact for the effort:

Issuing Office:

U.S. Army Contracting Command – Rock Island at Picatinny

10 Phipps Road

Picatinny Arsenal, NJ 07806-5000

Points of Contact:

Contract Specialist: Darby Quinones:

darby.j.quinones@army.mil

Contracting Officer: Kim M. Potempa Niedosik:

kim.m.potempaniedosik.civ@army.mil

QUOTE RESPONSE DEADLINE: Quotes shall be provided by 3:00PM Eastern Time October 16, 2026 via electronic mail to the Contract Specialist, Darby Quinones: darby.j.quinones.civ@army.mil and the Procuring

Contracting Officer (PCO), Kim M. Potempa Niedosik: kim.m.potempaniedosik.civ@army.mil. The response shall clearly be marked with solicitation number W15QKN26RA097 and all quotes must be valid for a minimum of 60 days. Quotes submitted after the time specified in the solicitation will be considered “late” in accordance with FAR

15.107.

Responses must set forth full, accurate and complete information as required by this solicitation and shall be submitted in English. Examine the entire solicitation carefully. The penalty for making false statement is prescribed in 18 U.S.C. 1001. Responses must be plainly marked with the solicitation number and the date and local time set forth for receipt of the quote in the solicitation document.

A response to this solicitation shall include the completion of Contract Line Item Numbers (CLINs), fill-in clauses, and be accompanied by a quote on company letterhead. Additionally, a detailed quote supporting the proposed prices shall be included. The Offeror shall have completed the annual representations and certifications electronically in the System for Award Management (SAM). Offerors shall have a

Commercial and Government Entity (CAGE) code and shall be registered in SAM in order to receive a

Government contract.

Electronic Mail Submission Requirement

Please follow the Instructions to Offerors section below for Quote Submission requirement.

Special Notice to Offerors: Offerors are responsible for obtaining a receipt confirmation, via separate

Email, with the corresponding PCO and/or Contract Specialist to ensure that the electronic quote submission has been received by the closing date/time set forth in the Combined Synopsis/Solicitation for

“receipt of offers”.

DISCLOSURE OF UNIT PRICE INFORMATION

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 U.S.C. 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial quotes.

GENERAL INFORMATION TO OFFERORS OR QUOTERS

1. Responses must set forth full, accurate and complete information as required by this solicitation

(including attachments). “Fill-ins” are provided within, and other solicitation documents. Examine the entire solicitation carefully. The penalty for making false statements is prescribed in 18 U.S.C. 1001.

2. Responses must be plainly marked with the Solicitation Number and the date and local time set forth for receipt of quotes in the solicitation document.

3. Information regarding the timeliness of response is addressed in the provision of the solicitation entitled either “Late Submission, Modification and Withdrawal of Bid” or “Instructions to Offerors –

Competitive Acquisitions”.

4. Procurement Information (use one of the below in your solicitation)

This Procurement is unrestricted (use if soliciting Full and Open Competition)

This Procurement is % set-aside for (enter Small Business or other Socio-Economic Program). The applicable SIC/NAICS codes are:

_X_ This Procurement is being solicited using Other Than Full and Open Competition in accordance with

Title 41 U.S.C. § 1901 as implemented in RFO 12.201-1, "Simplified Procedures" (Only One Source Is

Available).

1. Issuing Office

U.S. Army Contracting Command – Rock Island at Picatinny

ATTN: Darby Quinones

Email: darby.j.quinones.civ@army.mil

2. Point of Contact for Information:

Name: Darby Quinones

Title: Contract Specialist

Email:darby.j.quinones.civ@army.mil

Name: Kim M. Potempa

Niedosik

Title: Contracting Officer

Email:kim.m.potempaniedosik.civ@ army.mil

SUPPLIES OR SERVICES AND PRICES/COSTS

CLIN 0001: Base Year Hexagon CMM Preventative Maintenance & Repair Services

Annual Preventative Maintenance and Calibration for five Coordinate

Measuring Machines (CMM) and One Portable Coordinate Measuring Machine (PCMM)

Firm Fixed Price (FFP)

The Contractor shall provide a one-year Hexagon MyCare Hardware Preventative Maintenance &

Calibration Agreement/Service Subscription, Software Support and Parts Blanket associated with five

CMMs and one Portable Coordinate Measuring Machines (PCMMs) in accordance with (IAW) the

Performance Work Statement (PWS) and Contract Requirements. *Note a quantity of 12 is listed to allow for monthly billing.

Quantity: 12

Unit: LOL Period of Performance: 12 months from date of award.

UNIT PRICE: (OFFEROR TO COMPLETE)

AMOUNT: (OFFEROR TO COMPLETE)

FOB: DESTINATION PSC: J066

CLIN 0002: Base Year Hexagon Stationary Parts Blanket

OPTION

mailto:darby.j.quinones.civ@army.mil mailto:darby.j.quinones.civ@army.mil mailto:kim.m.potempaniedosik.civ@army.mil

FFP

Stationary Parts Blanket is a required line item for parts coverage excluded in MyCare Premium. These stationary parts will not be included in the initial contract award but can be purchased with line-item modification during contract period to avoid additional approval process in the event additional coverage is required. Not to exceed $10,000.

FOB: Destination PSC CD: J066

CLIN 0003: Base Year Hexagon Portable Parts Blanket

Portable Parts Blanket is required line item for parts coverage excluded in

MyCarePremium. These portable parts will not be included in the initial contract award but can be purchased with line-Item modification during contract period to avoid additional approval process in the event additional coverage is required. Not to exceed $10,500.

FOB: Destination

PSC CD: J066

CLIN 0004: Contract Data Requirements List (CDRLs)

The Contractor shall provide all CDRLs in accordance with the PWS and other contract requirements.

CDRLs A001 through A003 requirements for the Base Year, Option Year 1, Option Year 2, Option Year

3 and Option Year 4.

The below Exhibit Line-Item Numbers (ELINs) are associated with the Data Items on the CDRL (DD Form 1423), in

Section J.

CDRLs A001 – A003

Quantity: 1

Unit: LOT

CLIN Contract Type: Firm Fixed Price

Period of Performance: See DD Form 1423

UNIT PRICE: **Not Separately Priced

(NSP)**

AMOUNT: **NSP**

FOB: DESTINATION

CLIN 1001: Option Year 1 Hexagon CMM Preventative Maintenance & Repair Services

Calibration Agreement/Service Subscription, Software Support and Parts Blanket associated with five

CMMs and one Portable Coordinate Measuring Machines (PCMMs) in accordance with (IAW) the

Performance Work Statement (PWS) and Contract Requirements. *Note a quantity of 12 is listed to allow for monthly billing.

Quantity: 12

Unit: LOL Period of Performance: 12 months from date of award.

UNIT PRICE: (OFFEROR TO COMPLETE)

CLIN 1002: Option Year 1 Hexagon Stationary Parts Blanket

Stationary Parts Blanket is required line item for parts coverage excluded in MyCare Premium. These stationary parts will not be included on the initial contract award but can be purchased with line-item modification during contract period to avoid

CLIN 1003: Option Year 1 Hexagon Portable Parts Blanket

MyCare Premium. These portable parts will not be included in the initial contract award but can be purchased with line-Item modification during contract period to avoid additional approval process in the event additional coverage is required. Not to exceed $10,500.

FOB: Destination

PSC CD: J066

CLIN 2001: Option Year 2 Hexagon CMM Preventative Maintenance & Repair Services

Calibration Agreement/Service Subscription, Software Support and Parts Blanket associated with five

CMMs and one Portable Coordinate Measuring Machines (PCMMs) in accordance with (IAW) the

Performance Work Statement (PWS) and Contract Requirements. *Note a quantity of 12 is listed to allow for monthly billing.

Quantity: 12

Unit: LOL Period of Performance: 12 months from date of award.

UNIT PRICE: (OFFEROR TO COMPLETE)

CLIN 2002: Option Year 2 Hexagon Stationary Parts Blanket

Stationary Parts Blanket is required line item for parts coverage excluded in MyCare Premium. These stationary parts will not be included on the initial contract award but can be purchased with line-item modification during contract period to avoid

CLIN 2003: Option Year 2 Hexagon Portable Parts Blanket

MyCare Premium. These portable parts will not be included in the initial contract award but can be purchased with line-Item modification during contract period to avoid additional approval process in the event additional coverage is required. Not to exceed $10,500.

FOB: Destination

PSC CD: J066

CLIN 3001: Option Year 3 Hexagon CMM Preventative Maintenance & Repair Services

Calibration Agreement/Service Subscription, Software Support and Parts Blanket associated with five

CMMs and one Portable Coordinate Measuring Machines (PCMMs) in accordance with (IAW) the

Performance Work Statement (PWS) and Contract Requirements. *Note a quantity of 12 is listed to allow for monthly billing.

Quantity: 12

Unit: LOT Period of Performance: 12 months from date of award.

UNIT PRICE: (OFFEROR TO COMPLETE)

CLIN 3002: Option Year 3 Hexagon Stationary Parts Blanket

Stationary Parts Blanket is required line item for parts coverage excluded in MyCare Premium. These stationary parts will not be included on the initial contract award but can be purchased with line-item modification during contract period to avoid

CLIN 3003: Option Year 3 Hexagon Portable Parts Blanket

MyCare Premium. These portable parts will not be included in the initial contract award but can be purchased with line-Item modification during contract period to avoid additional approval process in the event additional coverage is required. Not to exceed $10,500.

FOB: Destination

PSC CD: J066

CLIN 4001: Option Year 4 Hexagon CMM Preventative Maintenance & Repair Services

Calibration Agreement/Service Subscription, Software Support and Parts Blanket associated with five

CMMs and one Portable Coordinate Measuring Machines (PCMMs) in accordance with (IAW) the

Performance Work Statement (PWS) and Contract Requirements. *Note a quantity of 12 is listed to allow for monthly billing.

Quantity: 12

Unit: LOL Period of Performance: 12 months from date of award.

UNIT PRICE: (OFFEROR TO COMPLETE)

CLIN 4002: Option Year 4 Hexagon Stationary Parts Blanket

Stationary Parts Blanket is a required line item for parts coverage excluded in MyCare Premium. These stationary parts will not be included on the initial contract award but can be purchased with line-item modification during contract period to avoid

CLIN 4003: Option Year 4 Hexagon Portable Parts Blanket

MyCare Premium. These portable parts will not be included in the initial contract award but can be purchased with line-Item modification during contract period to avoid additional approval process in the event additional coverage is required. Not to exceed $10,500.

FOB: Destination

PSC CD: J066

DESCRIPTIONS/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

Performance Work Statement

For

Hexagon MyCare Hardware, Preventative Maintenance and Calibration Agreement/Service Subscription & Parts

Blanket for Quality Engineering & System Assurance (QESA) Coordinate Measurement Machines (CMM)

1. Scope/Objective

The Contractor shall provide preventative and emergency repair service for Hexagon CMMs, to include software upgrades, system calibration, hardware replacement, repairs, preventative maintenance, and helpdesk support.

2. Applicable Documents

2.1. International Organization for Standards (ISO)

2.1.1. ISO 10360-2:2009

2.1.2. ISO 10360-4.5.2:2009

2.1.3. ISO 10360-7:2009

2.2. American Society of Mechanical Engineers (ASME)

2.2.1. B89.4.10360.2:2008

2.2.2. B89.4.22:2004(R2019)

2.3. Occupational Safety and Health Administration (OSHA) Standards

2.4. 1910.212

3. Requirements

3.1. The Contractor shall provide a one-year Hexagon MyCare Hardware Preventative Maintenance & Calibration

Agreement/Service Subscription, Software Support and Parts Blanket associated with five CMMs and one Portable

Coordinate Measuring Machines (PCMMs).

4. Performance Requirements

4.1. MyCare Premium Services Subscription includes the following:

4.1.1. Annual Calibration/ Certification - Major adjustments to the compensation of the machine, certify the machine to

Original Equipment Manufacturer (OEM) or Customer Specification. Adjustment to Pitch, Yaw, Roll Points, Vertical and

Horizontal Straightness points, and Linear are considered major adjustments.

4.1.2. Annual Preventative Maintenance – multi-point inspection performed at time of service on an as-needed basis to include:

4.1.2.1. Inspect the machine for Damage. Technician to note any shiny spots or scratches on the bearing paths (This may indicate bearing wear)

4.1.2.2. Inspect the airlines for discoloration or deposits.

4.1.2.3. Inspect the air filtration system.

4.1.2.4. Inspection of scales and rails.

4.1.2.5. Encoder alignment and tune up.

4.1.2.6. Cycle machine, check motor function, tune servo amplifiers if necessary.

4.1.2.7. Check mechanics and/or air pressure of counterbalance.

4.1.2.8. Check the functionality of all emergency stops and crash protection.

4.1.2.9. Check probing equipment for visible damage, rotate wrist in both “A” and “B” angles (via keypad and DCC) and square the head to the machine.

4.1.2.10. Check cabling and connections for damage or wear.

4.1.2.11. Check operation of cooling fans in controller.

4.1.2.12. Clean fan filter on controller.

4.1.2.13. Check general cleanliness of controller.

4.1.2.14. Check the operation of a jog box and joystick.

4.1.2.15. Check in-line air filters and check the machine for the correct air pressure setting.

4.1.2.16. Wipe down machine covers and computers.

4.1.2.17. Check hardware and software limits.

4.1.2.18. Check for machine certification expiration.

4.1.2.19. Check qualification sphere certification expiration.

4.1.2.20. Review and document revision levels. Update only when necessary.

4.2. Repair Labor Coverage - coverage of Hexagon’s service engineers labor needed for repair services of the system, does not include rigging or rental of equipment.

4.3. Parts Coverage - coverage for ordinary wear and tear of parts.

4.3.1. Probe interface components are included in parts

4.3.2. Excluded from parts coverage

4.3.2.1. Air hoses

4.3.2.2. Probe components, including Styli, wrists and sensors, and racks

4.4. Major Machine Components –coverage for defects in Major Machine Components limited to the following: Motors, belts, lift cylinder, air bearing, scales, encoder system and controller. Coverage for chassis and bearing ways, Z Rail, Bridge, isolators (if applicable), in the event there is a documented factory defect.

4.5. Travel Charges - included at no additional charge for:

4.5.1. The annual certification and preventive maintenance visit.

4.5.2. Any additional certification or calibration Services under the applicable MyCare Subscription.

4.5.3. Any repair labor under the applicable MyCare Subscription.

4.6. Parts Blanket

4.6.1. Parts Blanket includes the following:

4.6.1.1. Emergency repair and replacement parts associated with CMMs that would not be covered under the MyCare

Premium Services, such as but not limited to: repairs induced by operator error, abuse, negligence, or adverse environmental conditions.

4.6.1.2. Repairs/parts not covered under the MyCare Premium Services.

4.6.2. Parts Blanket requirements

4.6.2.1. The Contractor shall install all new replacement parts. If the needed parts are not available in new condition, equivalent to new condition performance parts may be installed subject to 4.6.2.2 below.

4.6.2.2. Prior to installing any parts to perform a repair the contractor shall provide a written recommendation and receive authorization from the listed COR and Technical POC

4.6.3. All parts removed from any Government owned equipment is the property of the Government.

4.7. The CMMs covered under the “MyCare Hardware Add-On Premium Subscription & Parts Blanket" include:

Hardware Model Serial Number

Hexagon PCMM Absolute Arm 87 8745-7-9685-UC

Hexagon CMM Global I 9208 0301-6308

Hexagon CMM Global A 9128 0307-6110

Hexagon CMM Global I 7107 1003-1459

Hexagon CMM Global Performance 5-5-5 0917-1026UA

Hexagon CMM Optiv P 443 160601949GC

4.8. MyCare Basic Software Services Subscription for PC-DMIS and PolyWorks includes the following:

4.8.1. Software updates for licensed software.

4.8.2. Installing the latest version of PC-DMIS and PolyWorks as available.

4.8.3. Provide technical support for PC-DMIS and PolyWorks via telephone, email and Hexagon support portal.

4.9. The PC-DMIS and PolyWorks Software covered under the “MyCare Basic” include:

Software Machine Serial Number

PCDMIS CAD++ Scanning 8745-7-9685-UC

Polyworks Inspector Premium +

Modeler Premium S-PWIPMP

8745-7-9685-UC

PC-DMIS DCC CAD++, Tool Changer 0301-6308

PC-DMIS DCC CAD++, Tool Changer 0307-6110

PC-DMIS DCC CAD++, Tool Changer 1003-1459

PC-DMIS DCC CAD++, Tool Changer 0917-1026UA

PC-DMIS DCC CAD++, AutoPath, Rotary

Table, Vision

160601949GC

PC-DMIS CAD++ Offline, Autopath, Tool

Changer

250633

PC-DMIS CAD++ Offline, Tool Changer SMVYH

4.10. The Contractor shall be responsible for shipping costs both to and from the Contractor’s facility and Picatinny

Arsenal for any parts or materials.

4.11. The Contractor shall be responsible for shipping costs both to and from the Contractor’s facility and Picatinny

Arsenal in the event the any equipment listed in this contract must be sent to the factory for repair.

5. Period of Performance/Place of Performance

5.1. The period of performance shall be 12 months from award with four one-year options.

5.2. Work shall be conducted at Picatinny Arsenal.

5.2.1. The Contractor shall be required to make prior arrangements to access Picatinny Arsenal to perform on-site support.

5.2.2. Visits shall be conducted between the hours of 6:30 am and 3:00 pm Eastern Time, Monday through Friday

(excluding Federal holidays). This schedule may be modified by mutual agreement between the Government and the

Contractor.

6. Deliverables

6.1. Calibration Certification/Report; in accordance with Contract Data Requirements List (CDRL) A001 (DI-QCIC-

80798C).

6.2. Training Materials/Training Certificates; in accordance with CDRL A002 (DI-ILSS-80872).

6.3. Commercial Off-The Shelf (COTS) Manual and Associated Supplemental Data. CDRL A003 (DI-TMSS-80527C).

7. Government Furnished Property: There is no Government Furnished Property associated with this contract.

8. Meetings/Travel: All travel costs to perform on-site support shall be included within the cost of this contract.

9. Security:

9.1. The work performed under this contract is UNCLASSIFIED.

9.2. AntiTerrorism (AT) Awareness Level I Training: All Contractor employees, including subcontractor employees, requiring access to Department of War (DoW) installations, facilities, or controlled access areas shall complete AT

Awareness Level I training within 45 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies and within 12 months prior to travel outside of the U.S., then annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the Contracting Officer’s Representative (COR) (or to the contracting officer, if a COR is not assigned) within 14 calendar days after completion of training by all employees and subcontractor personnel. AT Awareness Level training is available at the following website: https://jkodirect.jten.mil/ for Common Access Card (CAC) holders (Course number US007”). Non-CAC holders may go to: https://jko.jten.mil/courses/AT-level1/launch.html.

9.3. Access and General Protection/Security Policy and Procedures: Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (Federal Acquisition Regulation (FAR) clause

52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DoW, Headquarters, Department of the

Army (HQDA) and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. During FPCONs CHARLIE and DELTA, services/Installation access may be discontinued/postponed due to higher threat. Services will resume when FPCON level and/or threat is reduced to an acceptable level as determined by the Installation Commander. Contractor personnel working on an installation are required to participate in the Installation Random Antiterrorism Measures Program as directed. Contractors may be subject to and must comply with vehicle searches, wearing of ID badges, etc. Failure to comply with policies and procedures could result in barred access onto the installation.

https://jko.jten.mil/courses/AT-level1/launch.html

9.4. iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity Antiterrorism Officer). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within five calendar days of new employees commencing performance, then annually thereafter. The Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within 14 calendar days after completion of training by all employees and subcontractor personnel.

9.5. For Contractors that do not Require CAC, but Require Access to a DoW Facility or Installation: Contractor and all associated subcontractor employees shall comply with adjudication standards and procedures using the National Crime

Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (Army Directive 2014-

05/AR 190-13); applicable installation, facility and area commander installation and facility access and local security policies and procedures (provided by Government representative); or, at Outside the Continental United States

(OCONUS) locations, in accordance with status-of-forces agreements and other theater regulations.

9.6. Counterintelligence Awareness and Reporting (CIAR): Per Army Regulation (AR) 381-12, Counterintelligence

Awareness and Reporting (CIAR), contractor employees must receive CIAR training within 30 days of assignment or employment and every 12 months thereafter as specified in Chapter 3. Contractor employees shall complete

‘Counterintelligence Awareness and Reporting for Department of Defense (DoD) Employees’ – CI116.16, located at https://www.cdse.edu/, to satisfy initial and annual training requirements. The Contractor shall submit documentation of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within 14 calendar days after completion of training by all employees and subcontractor personnel.

Contractor personnel identified in chapter 5 of AR 381-12 shall receive a special CIAR briefing directly (for example, in person, via DoW communications systems) from an Army Counterintelligence (ACI) Special Agent or a CI-experienced person in addition to their annual training requirement.” (NOTE: Contact the US Army Combat Capabilities Development

Command (DEVCOM) Armaments Center (AC) AT Officer at usarmy.pica.devcom-ac.mbx.ardec-operations-center@army.mil or local CI agent for additional information on in-person requirements.)

9.7. Export Control Laws/International Traffic in Arms Regulation: Defense Federal Acquisition Regulation Supplement

(DFARS) Clause 252.225-7048, Export-Controlled Items applies to this effort. All documents determined to contain export controlled technical data shall be marked with the following notice: WARNING - This document contains technical data whose export is restricted by the Arms Export Control Act (Section 2751 of Title 22, United States Code) or the Export Control Reform Act of 2018 (Chapter 58 Sections 4801-4852 of Title 50, United States Code). Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive

5230.25 and DoD Instruction 2040.02.

9.8. Science and Technology Development Projects and Programs: All contractor employees, including sub-contractor employees, shall comply with all applicable Security Classification Guides (SCGs) and/or Science and Technology

Protection Plans (S&TPPs). The Contractor shall request all applicable SCGs and S&TPPs from the COR or technical lead within 30 days of contract start date. The contractor shall comply with DoW and DA Technology Protection requirements per DOD Instruction (DODI) 5200.39, DODI 5000.83, AR 70-1, AR 70-77 and Department of the Army

(DA) Pamphlet (PAM) 70-3.

9.9. Public Release of Information: In Accordance With (IAW) AR 530-1 (or 32 CFR Part 117), an Operations Security

(OPSEC) review is required prior to all public releases. All Government information intended for public release by a contractor will undergo a Government OPSEC review prior to release.

10. Environmental:

10.1. The Contractor shall adhere to all local, county, state, Army and federal policies, directives, executive orders and regulations required including, but not limited to 32 Code of Federal Regulations (CFR) Part 651, AR 200-1

(Environmental Protection and Enhancement), 40 CFR, and Picatinny Arsenal local policies/regulations in order to maintain environmental compliance for the duration of the contract. Local policies that must be adhered to include the

Picatinny Environmental Bulletin and the Installation Environmental Policy. These documents can be found on the

Picatinny Environmental Management System (PEMS) website (https://picac2w5.pica.army.mil/pems) or can be obtained from the COR.

10.2. The Contractor shall be responsible to identify, obtain, and adhere to any required local, state, and federal permits/notifications/certifications/licenses prior to beginning work. The permit applications/submittals/plans shall be made available to the Picatinny Environmental Affairs Division (EAD) for review along with the final permit at the time of issuance.

10.3. All work performed at Picatinny Arsenal shall obtain specific approval from the EAD and be placed into PEMS projects for the following actions or activities:

10.3.1. All fossil-fuel burning equipment brought onto the installation, including generators, stationary engines, etc.

10.3.2. The generation of hazardous waste.

10.3.3. Work requiring digging, drilling, and movement of soils.

10.3.4. Vegetation disturbances, involving any size tree felling or pruning, which is mostly limited to occur between the months of November 16 through March 31.

10.3.5. Vegetation disturbances, involving any size shrubs, heavy vines, or thick herbaceous cover, which is mostly limited to occur between the months of August 16 through April 14.

10.4. The Contractor shall comply with all Affirmative and Green Procurement policies and procedures when ordering materials. Picatinny’s Green Procurement Plan is located at https://picac2w5.pica.army.mil/pems/docs/GPProcedures.pdf or can be obtained from the COR.

10.5. The Contractor shall report immediately any spills of chemicals (including oils, paints, etc.) to the Picatinny Arsenal

Police Department at 911. Immediately report any noncompliance with applicable Federal, State or Local environmental laws, Army or installation environmental regulations or policies to the COR and EAD.

10.6. The Contractor shall submit to potential Federal, State, Army and installation work site environmental regulatory inspections and/or investigations into noncompliance, and fully cooperate with such inspections/investigations by providing the appropriate records and documentation. Contractor shall when given a verbal and/or written notice of environmental noncompliance or nonconformance by the COR, take immediate corrective action.

11. Please refer to contract for COR and Alternate COR (ACOR) contact information.

CONTRACT PROVISIONS/CLAUSES

The following provisions/clauses are applicable to this acquisition.

Number Title Source

52.203-6 with Alt

I

Restrictions on

Subcontractor Sales to the Government

Statute

52.203-18

Prohibition on

Contracting with

Entities that Require

Certain Internal

Confidentiality

Agreements or

Statements-

Representation

Statute

52.203-19

Prohibition on

Requiring Certain

Internal

Confidentiality

Agreements or

Statements

Statute

52.204-7

System for Award

Management—

Registration

Statute

52.204-9

Personal Identity

Verification of

Contractor Personnel

Other

52.204-13

System for Award

Management—

Maintenance

Statute

52.204-90 Offeror Identification Statute

52.204-91 Contractor identification Other

52.209-6

Protecting the

Government’s Interest

When Subcontracting with Contractors

Debarred, Suspended, or Proposed for

Debarment

Statute

52.209-9

Updates of Publicly

Available Information

Regarding

Responsibility

Matters

Statute

52.209-10

Prohibition on

Contracting with

Inverted Domestic

Corporations

Statute

52.219-8 Utilization of Small

Business Concerns Statute

52.219-14 Limitations on

Subcontracting Statute

52.219-16

Liquidated

Damages—

Subcontracting Plan

Statute

52.222-3 Convict Labor EO

52.222-19

Child Labor—

Cooperation with

Authorities and

Remedies

EO

52.222-35 Equal Opportunity for

Veterans Statute

52.222-36

Equal Opportunity for

Workers with

Disabilities

Statute

52.222-37 Employment Reports on Veterans Statute

52.222-40

Notification of

Employee Rights

Under the National

Labor Relations Act

EO

52.222-41 Service Contract

Labor Standards Statute

52.222-42

Statement of

Equivalent Rates for

Federal Hires

Statute

52.222-44

Fair Labor Standards

Act and Service

Contract Labor

Standards-Price

Adjustment

Statute

52.222-48

Exemption from

Application of the

Service Contract

Labor Standards for

Maintenance, Calibration, or Repair of Certain

Equipment–

Certification

Other

52.222-50 Combating

Trafficking in Persons Statute

52.222-51

Exemption from

Application of the

Service Contract

Labor Standards to

Contracts for

Maintenance, Calibration, or Repair of Certain

Equipment—

Requirements

Other

52.222-52

Exemption from

Application of the

Service Contract

Labor Standards for

Certain Services-

Certification

Other

52.222-53

Exemption from

Application of the

Service Contract

Labor Standards to

Contracts for Certain

Services—

Requirements

Other

52.222-54

Employment

Eligibility

Verification

EO

52.222-62

Paid Sick Leave

Under Executive

Order 13706

EO

52.222-90

Addressing DEI

Discrimination by

Federal Contractors

E.O.

52.223-9

Estimate of

Percentage of

Recovered Material

Content for EPA-

Designated Items

Statute

52.223-23 Sustainable Products and Services Statute

52.224-3 Privacy Training Statute

52.225-1 Buy American-

Supplies Statute

52.225-2 Buy American

Certificate Statute

52.225-4

Buy American-Free

Trade Agreements-

Israeli Trade Act

Certificate

Statute

52.225-5 Trade Agreements Statute

52.226-8

Encouraging

Contractor Policies to

Ban Text Messaging

While Driving

EO

52.229-11

Tax on Certain

Foreign

Procurements—

Notice and

Representation

Statute

52.229-12 Tax on Certain

Foreign Procurements Statute

52.232-33

Payment by

Electronic Funds

Transfer—System for

Award Management

Statute

52.232-40

Providing Accelerated

Payments to Small

Business

Subcontractors

Statute

52.233-3 Protest After Award Statute

52.233-4

Applicable Law for

Breach of Contract

Claim

Statute

52.240-90

Security Prohibitions and Exclusions

Representations and

Certifications

Statute

52.240-91 Security Prohibitions and Exclusions Statute

52.240-93

Basic Safeguarding of

Covered Contractor

Information Systems

Statute

52.244-6

Subcontracts for

Commercial Products and Commercial

Services

Statute

52.252-2 Clauses Incorporated by Reference.

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):

https://www.acquisition.gov/far-overhaul

52.212-4 Terms and Conditions—Commercial Products and Commercial Services.

TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION DATE)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall— https://www.acquisition.gov/far-overhaul

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part

1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United

States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within

30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see

FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the

Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in

FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the

Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the

Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the

Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work

Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation;

and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized

Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) 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 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:

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

(ii) 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.

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

(2) Paragraph (s)(1) 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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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 clause 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.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.217-8 Option to Extend Services.

OPTION TO EXTEND SERVICES (NOV 1999)

The Government…