Combined Synopsis Solicitation - RFQ FA3016-21-U-0216 Microscopes and Camera w attachments 25 Aug 2021.pdf

Combined Synopsis/Solicitation Request for Quote (RFQ) # FA3016-21-U-0216

Leica Microscopes and Camera Brand Name or Equal Joint Base San Antonio (JBSA)-Fort Sam Houston, Texas

25 August 2021

1. This is a combined synopsis/solicitation for commercial items prepared In Accordance With (IAW) the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate solicitation will not be issued. The solicitation number FA3016-21-U-0126 is being issued as a Request for Quote (RFQ). The RFQ is for commercial products prepared IAW FAR Parts 12 & 13. This solicitation document incorporates provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2021-06 published in the Federal Register on July 12, 2021 and the Defense Far Supplement (DFARS) Publication Notice 20210709, dated July 9, 2021.

This requirement is being solicited as a Full and Open Competition for Brand Name or Equal.

IAW FAR 52.212-1(g), the Government intends to make an award based on the initial quote submissions without conducting interchanges; therefore, each quote should contain the Contractor’s best terms from a price and technical standpoint.

However, the Government reserves the right to hold interchanges using Interchange Notices (INs) if it is determined to be in the best interest of the Government.

Interchanges are fluid interaction(s) between the Contracting Officer (CO) and the quoter that may address any aspect of the quote and may or may not be documented in real time. Quoter responses to the INs will be considered in making the order selection decision. Interchanges may be conducted with one, some or all quoters as the Government is not required to conduct interchanges with any and/or all quoters responding to this RFQ.

2. DESCRIPTION OF REQUIRMENT: This is a requirement for the purchase of Leica DM750 BF 4 OBJ Hi Plan educational microscopes (brand name or equal) for use in an instructional setting. It also includes a ICC50W digital wireless camera (brand name or equal) with software and an Ethernet cable for direct connection as well as basic integration and installation.

The microscopes and camera shall meet the minimum Specifications/Salient Characteristics IAW Attachment 3. Exceeding the specifications is acceptable.

3. SCHEDULE: Quoter must provide a quote for the requirements herein. Quotes shall include a unit, extended price and total prices for each of the contract line item numbers (CLINs) in the schedule.

Leica Microscopes and Camera Brand Name or Equal Joint Base San Antonio (JBSA)-Fort Sam Houston, Texas

25 August 2021

4. NAICS Code: 333314 – Optical Instrument and Lens Manufacturing

NOTE: Only quoters having the above NAICS Code listed in their profile will be considered for award.

5. SIZE STANDARD: 500 employees

6. DELIVERY AND ACCEPTANCE: Within 60 days After Receipt of Order (ARO)

7. FOB: Destination

8. INSPECTION AND ACCEPTANCE: Destination by the Government

9. DELIVERY: Vendor must provide notification of shipping, to include tracking numbers, to the inspector/acceptor before items are shipped. Deliverables should be shipped to the Project Manager below:

Mr. Dana Hieskill, HTM Manager DHA J7 Logistics and Facilities Branch Attn: HTM Office 2220 Wheelright Street Bldg. 4194, Bay E Joint Base San Antonio - Fort Sam Houston, TX 78234

10. MANDATORY SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION:

Interested parties for this acquisition must be registered in the System for Award Management (SAM) Database. If not registered, you may request an application through the SAM website at http://sam.gov//. NOTE: In addition, please ensure you provide company information as requested on Attachment 2.

CLIN DESCRIPTION QTY UNIT OF

ISSUE

Leica DM750 BF 4 OBJ Hi Plan Educational Microscopes Brand Name or Equal

22 Each

0002 Microscope Power Cords 22 Each

0003 ICC50W Microscope Digital Wireless Camera Brand Name or Equal 1 Each

0004 Integration Basic and Installation 1 Job

Leica Microscopes and Camera Brand Name or Equal Joint Base San Antonio (JBSA)-Fort Sam Houston, Texas

25 August 2021

11. It is each Contractor’s responsibility to ensure their quote meets all applicable Clauses and Provisions (Attachment 4) and Salient Characteristics (Attachment 3).

The Government assumes no responsibility for late or incomplete responses to the RFQ. Late responses will be processed IAW FAR 52.212-1(f).

12. QUOTE PREPERATION INSTRUCTIONS: The Government will award a firm fixed price contract, to a vendor resulting from this RFQ, whose quote conforms to the RFQ and is the most advantageous to the Government, price and other factors considered.

Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items (July 2021) is hereby tailored as follows:

a) Contractor’s quote shall conform to the required salient characteristics in this solicitation. Any quote not conforming to the required qualifications shall be deemed unacceptable and therefore ineligible for award.

b) Submit signed and dated quote to 502d Contracting Squadron (502d CONS) by email, at/or before the closing time specified in paragraph 12d of this solicitation.

Quotes are subject to the submission timelines required in FAR 52.212-1 (f)(2)(i).

Due to Government computer firewall security and file size limitations, please be advised that it is the prospective Contractor’s responsibility to ensure that 502d CONS receives ALL required documents on time, including acknowledgment of receipt from the Government, and in strict accordance with FAR 52.212-1(f).

c) Solicitation Questions: All questions regarding this acquisition are to be directed only in writing to the Points of Contact in paragraph 15. Any questions must be received electronically via email on or before 2 Sep 2021, 10:00 AM Central Standard Time (CST). Questions submitted after the question due date may not be accepted. Answers to questions will be made accessible to all potential quoters. In the event issues pertaining to this solicitation cannot be resolved to the satisfaction of the Contracting Officer (CO), the CO reserves the right to withdraw or cancel the proposed requirement at no additional cost to the Government.

d) Submission of Quotes: Contractors shall submit quotes electronically no later than 10 Sep 2021, 10:00 AM Central Standard Time (CST) to both contracting points of contact in paragraph 15 of this solicitation. All packages requiring fill-in information must be returned with the Contractor’s quote, unless otherwise changed via solicitation amendment. Amendments must be acknowledged in writing or the quote may be considered non-responsive. It is the quoter’s

Request for Quote (RFQ) # FA3016-21-U-0216

Leica Microscopes and Camera Brand Name or Equal Joint Base San Antonio (JBSA)-Fort Sam Houston, Texas

25 August 2021 responsibility to check for amendments issued against this solicitation and respond accordingly.

e) The quote shall be clear, concise, and include sufficient detail for effective evaluation. Responses to this solicitation shall strictly adhere to the requirements set forth in the solicitation. All documents/attachments submitted in response to the RFQ shall be in Microsoft Word, Microsoft Excel, or PDF format.

Submissions that do not adhere to format and content requirements may be considered non-compliant. The Government reserves the right to eliminate any such proposals from consideration for award. The quote shall not contain any extraneous information such as advertisements or marketing material.

f) Quotes must include the following:

• Proposed unit and extended prices for all line items (Attachment 1).

• The Contractor’s information (Attachment 2)

• The quoter shall hold the prices in its offer for 30 calendar days from the date specified for receipt of quotes, unless another time is specified.

• Technical Quotes shall be clear, concise and shall include sufficient detail for effective evaluation.

• All prices in the Schedule of Supplies/Services shall be rounded to two decimal places and all extended amounts must equal the unit price multiplied by the unit quantity.

• All quotes must include the make, model and country of origin IAW the Buy American and Balance of Payments Program and complete the Buy American Certificate. Failure to complete this requirement will result in rejection of offer.

(End of Addendum)

13. BASIS OF AWARD/QUOTE EVALUATION: Using Simplified Acquisition Procedures in accordance with FAR 13.106, The 502d Contracting Squadron will award a Firm Fixed Price (FFP) contract to the vendor who is determined to provide the best value to the Government. Vendor submissions will be evaluated as outlined below.

a. BEST VALUE DETERMINATION: A single award will be made to the responsive vendor whose quotation represents the Best Value to the Government that reflects a complete understanding of the salient characteristics/specifications of the requirement. Best value is expected to result from selection of the technically acceptable quotation, the ability to meet the delivery requirement and the lowest evaluated price. To be eligible for award, a quotation must meet all technical requirements and conform to all required terms

Leica Microscopes and Camera Brand Name or Equal Joint Base San Antonio (JBSA)-Fort Sam Houston, Texas

25 August 2021 and conditions, and provide all required information. Quotations should contain the quoter's best terms on a price and technical capability standpoint. Only those quotations either determined to be technically acceptable, initially or as a result of interchanges, will be considered for award.

b. EVALUATION FACTORS: The quoter who is determined to represent the best value will be evaluated on the following criteria:

1. Specifications/Salient Characteristics – The Contractor shall provide the make, model and product specifications, to include picture(s) and descriptions of their submission to facilitate technical evaluation for meeting the requirements outlined in the Salient Characteristics. The evaluator will assign a “yes” or “no” for each salient characteristic.

2. Delivery – The Contractor shall meet a delivery date 60 days After Receipt of Order (ARO). If the vendor is unable to meet the 60 day delivery date, provide the date you can deliver.

3. Pricing – The total evaluated price must be found to be fair and reasonable.

The Government reserves the right to hold interchanges if, during the evaluation, it is determined to be in the best interest of the Government. Interchanges are fluid interaction(s) between the Contracting Officer and the vendor that may address any aspect of the quote and may/may not be documented in real time. Interchanges may be conducted with one, some, or all, as the Government is not required to conduct interchanges with any and/or all Contractors responding to the solicitation.

c. Deliverable Due Dates:

Document Due Date RFQ Questions 2 Sep 2021 RFQ Quote

• Schedule of Supplies and Services (Attachment 1)

• Contractor Information (Attachment 2)

• Product Data (salient characteristics)

• Fill in Appropriate Provision and Clause Data

(Attachment 4)

10 Sep 2021

14. Independent consultation with Government Officials concerning the project requirements is prohibited since evaluation of quotations will be based on the requirements stated in this RFQ. Industry generated questions regarding the technical requirements, design, coordination, and/or the interpretation of RFQ

Leica Microscopes and Camera Brand Name or Equal Joint Base San Antonio (JBSA)-Fort Sam Houston, Texas

25 August 2021 requirements during the solicitation phase shall be written and directed to the Contract Specialist and Contracting Officer as noted below.

15. Contracting Points of Contact:

Contract Specialist Contracting Officer Jill Van Plew Gary Beck Ph: (210) 652-8425 Ph: (210) 652-8548 jill.van_plew@us.af.mil gary.beck@us.af.mil

Attachments:

1. Schedule of Supplies and Services

2. Contractor Information

3. Salient Characteristics

4. Provisions and Clauses mailto:jill.van_plew@us.af.mil mailto:gary.beck@us.af.mil

Request for Quote (RFQ) # FA3016-21-U-0216

Leica Microscopes and Camera Brand Name or Equal Joint Base San Antonio (JBSA)-Fort Sam Houston, Texas

25 August 2021

ATTACHMENT 1

SCHEDULE OF SUPPLIES AND SERVIES

Quoters must provide a quote for the requirements herein. Quotes shall include a unit breakdown of contract line item numbers (CLINs) and provide a total sum of the CLINs in the following schedule. Quoters that do not submit pricing will be considered nonresponsive to this RFQ and withdrawn from consideration for award.

CLIN DESCRIPTION QTY

UNIT

OF

ISSUE

UNIT PRICE EXTENDED

TOTAL

Leica DM750 BF 4 OBJ Hi Plan Educational Microscope Brand Name or Equal

22 Each $ $

0002 Microscope Power Cords 22 Each $ $

ICC50W Digital Wireless Camera Brand Name or Equal

1 Each $ $

0004 Integration Basic and Installation 1 Job $ $

TOTAL $

Request for Quote (RFQ) # FA3016-21-U-0216

Leica Microscopes and Camera Brand Name or Equal Joint Base San Antonio (JBSA)-Fort Sam Houston, Texas

25 August 2021

ATTACHMENT 2

CONTRACTOR INFORMATION

Quoters must provide the following business information. Please complete each area below:

*Note: All quoters shall have the NAICS Code 313314 – Optical Instrument and Lens Manufacturing listed in their profile in order to be considered for award.

Name of Business Entity:

Point of Contact (POC):

POC Phone:

POC Email:

Fax #:

DUNS No. #:

CAGE Code:

Federal Tax ID #:

Business Size:

Request for Quote (RFQ) # FA3016-21-U-0216

Leica Microscopes and Camera Brand Name or Equal Joint Base San Antonio (JBSA)-Fort Sam Houston, Texas

25 August 2021

ATTACHMENT 3

SALIENT CHARACTERISTICS

# Description

Microscope Salient Characteristics

• Compound microscope preferred (Optical OK)

• 4 Position Nosepiece

• Universal Power Supply plus USB Power with integrated connector, mechanical stage with non-extending rack and slide holder

• LED illumination

• Microscope Camera with Software with ability to connect to Wifi enabled PC

• HD Mode for Live image 1920x1080p directly to an HD display or for image capture to SD card

• PC mode for use with PC (this is so that we can connect the microscope to the computer and be able to teach the students from there)

• Network mode for direct connection using Ethernet cable

• Image size at least 5.0 Mpixel (2592 x 1944)

• HI Plan 100x/1.25 NA, 0.10mm W.D. Oil Immersion with appropriate power cord

(100x oil immersion capability is needed for our microbiology class)

• Lenses must have 4X, 10X, 40X and 100X (oil immersion).

2 Microscope Power Cords for the Microscopes

Educational Camera Salient Characteristics

• Microscope Camera with Software

• WiFi Mode for Wireless connection to Mobile Devices using Apps or connection to WiFi enabled PC using and Imaging Software

• HD Mode for Live image 1920x1080p directly to an HD display or for image capture to SD card (No PC required)

• PC mode for use with PC and Imaging Software

• Network mode for direct connection using Ethernet cable

• Fits Compound microscopes in an integrated way between the viewing tube and the stand

• Light distribution: 50% visual / 50% camera

• Interfaces: USB2, HDMI, Ethernet

• Maximum Image size 5.0 Mpixel (2592 x 1944)

• Camera kit shall contain Camera Module, USB2 cable 1.8m, HDMI cable 2.5m, imaging software for basic image capture and simple measuring and annotation 4 Integration Basic and Installation

DOCUMENT NUMBER SOLICITATION NUMBER

FA301621U0216 (Not Set)

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

SECTION

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2011-11 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7006 Billing Instructions. 2005-10 SEC G

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

2016-05 SEC I

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2021-01 SEC I

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations.

2018-03 SEC L

252.215-7007 Notice of Intent to Resolicit. 2012-06 SEC L

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2018-01 SEC L

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.232-7017 Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration.

2020-04 SEC I

252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.244-7000 Subcontracts for Commercial Items. 2020-10 SEC I

52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements- Representation.

2017-01 SEC L

52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I 52.204-22 Alternative Line Item Proposal. 2017-01 SEC L 52.204-7 System for Award Management. 2018-10 SEC K

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2013-12 SEC I

CLAUSES IN FULL TEXT

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

CLAUSE TEXT

52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10

Attachment 4 Provisions and Clauses

As prescribed in , insert the following clause:12.301(b)(3)

Contract Terms and Conditions-Commercial Items (OCT 2018)

. The Contractor shall only tender for acceptance those items that(a) Inspection/Acceptance 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-

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

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

. The Contractor or its assignee may assign its rights to receive payment due as a(b) Assignment 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 ( use of the Governmentwide commercial purchase e.g., card), the Contractor may not assign its rights to receive payment under this contract.

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

. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the(d) Disputes 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 at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.(e) Definitions

. The Contractor shall be liable for default unless nonperformance is caused(f) Excusable delays by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, 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. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

Invoice.(g) The Contractor shall submit an original invoice and three copies (or electronic(1) invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

Name and address of the Contractor;(i)

Invoice date and number;(ii)

Contract number, line item number and, if applicable, the order number;(iii)

Description, quantity, unit of measure, unit price and extended price of the items(iv) delivered;

Shipping number and date of shipment, including the bill of lading number and weight (v) of shipment if shipped on Government bill of lading;

Terms of any discount for prompt payment offered;(vi)

Name and address of official to whom payment is to be sent;(vii)

Name, title, and phone number of person to notify in event of defective invoice; and(viii)

Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the (ix) invoice only if required elsewhere in this contract.

Electronic funds transfer (EFT) banking information.(x)

The Contractor shall include EFT banking information on the invoice only if (A) required elsewhere in this contract.

If EFT banking information is not required to be on the invoice, in order for the (B) invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause ( 52.232-33, Payment by e.g., Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

EFT banking information is not required if the Government waived the requirement (C) to pay by EFT.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and (2) Office of Management and Budget (OMB) prompt payment regulations at .5 CFR Part 1315

. The Contractor shall indemnify the Government and its officers, employees (h) Patent indemnity 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.

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

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

. If the Government makes payment by EFT, see 52.212-5(3) Electronic Funds Transfer (EFT)

(b) for the appropriate EFT clause.

. In connection with any discount offered for early payment, time shall be (4) Discount 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 which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

. If the Contractor becomes aware of a duplicate contract financing or (5) Overpayments invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

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

Circumstances of the overpayment ( , duplicate payment, erroneous payment, (A) e.g.

liquidation errors, date(s) of overpayment);

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

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

Contractor point of contact.(D)

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

. (6) Interest All amounts that become payable by the Contractor to the Government under this (i) 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.

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

. The Contracting Officer will issue a final decision as required by (iii) Final decisions

33.211 if-

The Contracting Officer and the Contractor are unable to reach agreement on the (A) existence or amount of a debt within 30 days;

The Contractor fails to liquidate a debt previously demanded by the Contracting (B) 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

The Contractor requests a deferment of collection on a debt previously demanded by (C) the Contracting Officer (see 32.607-2).

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

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

The date fixed under this contract.(A)

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

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

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

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

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

The interest charge made under this clause may be reduced under the procedures (vii) prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

. The Government reserves the right to (l) Termination for the Government's convenience terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder 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.

. The Government may terminate this contract, or any part hereof, for (m) Termination for cause 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. 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.

. Unless specified elsewhere in this contract, title to items furnished under this contract (n) Title shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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

. Except as otherwise provided by an express warranty, the Contractor (p) Limitation of liability will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

. The Contractor shall comply with all applicable Federal, State and local (q) Other compliances laws, executive orders, rules and regulations applicable to its performance under this contract.

The Contractor agrees to comply with (r) Compliance with laws unique to Government contracts.

31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

The schedule of supplies/services.(1)

The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with (2) Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

The clause at 52.212-5.(3)

Addenda to this solicitation or contract, including any license agreements for computer (4) software.

Solicitation provisions if this is a solicitation.(5)

Other paragraphs of this clause.(6)

The Standard Form 1449.(7)

Other documents, exhibits, and attachments.(8)

The specification.(9)

[Reserved](t) Unauthorized Obligations. (u) Except as stated in paragraph (u)(2) of this clause, when any (1) 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:

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

Neither the Government nor any Government authorized end user shall be deemed to (ii) 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.

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

Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is (2) expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

(End of clause)

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services-Representation.

2021-05

As prescribed in 204.2105(b), use the following provision:

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) . "Covered defense telecommunications equipment or services," "covered mission," Definitions "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 Prohibition (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

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

(d) . If in its annual representations and certifications in SAM the Offeror has Representation represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) . If the Offeror has represented in paragraph (d) of this provision that it "will Disclosures provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

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

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

ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(a) . As used in this clause- Definitions

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier;

original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO) /International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" " means the entity (e.g., a manufacturer or vendor) responsible for assigning Enterprise unique item identifiers to items.

" identifier" means a code that is uniquely assigned to an enterprise by an issuing Enterprise agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" or batch number" means an identifying number assigned by the enterprise to a Lot designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again.

The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment.

The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule, insert "See Schedule in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number .____

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number .____

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification.

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

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN /UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary;

and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) . Unique item identifier

(i) The Contractor shall-

(A) Determine whether to-

Serialize within the enterprise identifier; (1)

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

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

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code-

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) identifier (if concatenated unique item identifier is used). Enterprise

(5) Original part number (if there is serialization within the original part number).

(6) or batch number (if there is serialization within the lot or batch number). Lot

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) identifier (if concatenated unique item identifier is used).** Enterprise

(6) Original part number (if there is serialization within the original part number).**

(7) or batch number (if there is…