COMBINED SYNOPSIS SOLICITATION - W912PF24Q0144 _FINAL.pdf

REQUEST FOR QUOTE

W912PF24Q0144

MAINTENANCE & SERVICES: LIFTING EQUIPMENT

414th Contracting Support Brigade

28 August 2024

Notice Type: Combined Synopsis/Solicitation

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The solicitation number is W912PF24Q0144, and the solicitation is issued as request for quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-06 effective 05 October 2023.

(iv) This procurement is not a set-aside. The associated NAICS code is 561210 “Facilities Support Services”.

(v) A list of line-item number(s) and items, quantities, and units of measure (including option(s), if applicable).

CLIN 0001 Maintenance & Services: Lifting Equipment – Monthly Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 September 2024 – 22 July 2025

CLIN 0002 Maintenance & Services: Lifting Equipment – Quarterly Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 September 2024 – 22 July 2025

CLIN 0003 Maintenance & Services: Lifting Equipment – Semi-annual Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job

Unit Price: _________ Amount: __________ Period of performance: 23 September 2024 – 22 July 2025

CLIN 0004 Maintenance & Services: Lifting Equipment – Annual Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 September 2024 – 22 July 2025

CLIN 1001 Maintenance & Services: Lifting Equipment – Monthly Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 July 2025 – 22 July 2026

CLIN 1002 Maintenance & Services: Lifting Equipment – Quarterly Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 July 2025 – 22 July 2026

CLIN 1003 Maintenance & Services: Lifting Equipment – Semi-annual Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 July 2025 – 22 July 2026

CLIN 1004 Maintenance & Services: Lifting Equipment – Annual Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 July 2025 – 22 July 2026

CLIN 2001 Maintenance & Services: Lifting Equipment – Monthly Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet

Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 July 2026 – 22 July 2027

CLIN 2002 Maintenance & Services: Lifting Equipment – Quarterly Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 July 2026 – 22 July 2027

CLIN 2003 Maintenance & Services: Lifting Equipment – Semi-annual Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 July 2026 – 22 July 2027

CLIN 2004 Maintenance & Services: Lifting Equipment – Annual Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 July 2026 – 22 July 2027

CLIN 3001 Maintenance & Services: Lifting Equipment – Monthly Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 July 2027 – 22 July 2028

CLIN 3002 Maintenance & Services: Lifting Equipment – Quarterly Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________

Period of performance: 23 July 2027 – 22 July 2028

CLIN 3003 Maintenance & Services: Lifting Equipment – Semi-annual Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 July 2027 – 22 July 2028

CLIN 3004 Maintenance & Services: Lifting Equipment – Annual Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 July 2027 – 22 July 2028

CLIN 4001 Maintenance & Services: Lifting Equipment - Monthly Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 July 2028 – 22 July 2029

CLIN 4002 Maintenance & Services: Lifting Equipment – Quarterly Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 July 2028 – 22 July 2029

CLIN 4003 Maintenance & Services: Lifting Equipment – Semi-annual Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________ Amount: __________ Period of performance: 23 July 2028 – 22 July 2029

CLIN 4004 Maintenance & Services: Lifting Equipment – Annual Services in accordance with Performance Work Statement and Attachment 1 – Price Sheet Quantity: 1 Unit of issue: Job Unit Price: _________

Period of performance: 23 July 2028 – 22 July 2029

(vi) Description of requirements for the items to be acquired: The purpose of this combined synopsis/solicitation is to provide all labor, personnel, equipment, tools, material, supervision and other items and services necessary to perform inspections, testing, maintenance, evaluation, and certification of battalion owned equipment.

(vii) Date(s) and place(s) of delivery and acceptance and FOB point.

Estimated Period of Performance: 23 September 2024 – 22 July 2025 (Base Period) (10 months) 23 July 2025 – 22 July 2026 (Option Year One) 23 July 2026 – 22 July 2027 (Option Year Two) 23 July 2027 – 22 July 2028 (Option Year Three) 23 July 2028 – 22 July 2029 (Option Year Four)

The services will take place at Camp Darby Installation, Depot Area, (Pisa), Italy. FOB destination.

The services will be performed in accordance with Performance Work Statement titled “Shop Equipment Breathing and Pneumatics Systems Maintenance”.

(viii) A statement that the provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and a statement regarding any addenda to the provision. Addendum to FAR 52.212-1 applies as follows:

I. DOCUMENTATION TO BE SUBMITTED

All QUOTES must be submitted electronically no later than 11 September 2024, 12:00 PM (noon)local time, Rome, Italy. All quotes shall be submitted in English and include the company point of contact, phone number, and email address.

The Point of Contact and address for this contract is:

Sonia Zanobini 414th Contracting Support Brigade- RCO Vicenza Phone: 050-965-8762 Email: sonia.zanobini2.ln@army.mil

The alternate point of contact for this requirement is:

Wendy D. Arsenault 414th Contracting Support Brigade – RCO Vicenza Phone: 0444-71-6915 Email: wendy.arsenault.civ@army.mil

Only E-mail quotes will be accepted. Quotes shall include one scanned copy of the dated quote signed by an official fully authorized to bid the Quoter submitted in Adobe Acrobat (PDF) format.

E-Mail Submission Instructions: Quoters shall submit their quotation via E-Mail using the subject line “W912PF24Q0144 – Maintenance & Services: Lifting Equipment”. If more than one email is required to submit all quotation attachments, Quoters shall indicate in the E-Mail number at the end of the subject (i.e. for the first of three E-Mails “W912PF24Q0144 – Maintenance & Services: Lifting Equipment”, E-Mail 1 of 3).

If the quotation submission requires multiple E-Mails to submit, ALL E-Mails shall be submitted prior to the time listed above. E-Mails received after that time will be considered late and the quote will be rejected.

(NOTE: Recommended maximum file(s) size per email is no larger than 5MB. If quotation documents exceed 5MB, submit in multiple emails.)

Quoters shall include the names and number of attachments in the body of each E-Mail. E-Mail submissions shall be sent to both above email addresses. Be advised that the Government does not provide automatic notification of receipt; please contact the point of contact via telephone or email to receive confirmation.

To be awarded a government contract you MUST have an NCAGE code (www.siac.difesa.it/) and be registered and active in SAM (https://www.sam.gov).

The Quoters are hereby notified that any questions relating to this combined synopsis solicitation shall be emailed to Ms. Zanobini at sonia.zanobini2.ln@army.mil and to Wendy D. Arsenault at wendy.arsenault.civ@army.mil, no later than 06 September 2024, at 17:00 hrs.

II. DOCUMENTATION REQUIRED FOR THE EVALUATION

1. Failure to address all the mandatory requirements may cause the bidder to be disqualified from further consideration.

2. The Quoter is responsible for submitting a well-written quote, with adequately detailed information, which clearly demonstrates compliance with the request for quotation

(RFQ).

FACTOR I – TECHNICAL - CERTIFICATIONS

The following certifications shall be submitted and the Quoter shall demonstrate to be in possession of the following documentation:

Chamber of Commerce Certificate detailing the company qualification in accordance with D.M.# 37/2008, art. 1 letters “a, b, c.d.e.f”.

ISO 9001 and ISO 14001 quality certifications or equivalent

The Quoter or his sub-contractor shall provide a statement that technicians or authorized representatives from manufacturers Ravaglioli, Alex Sistemi, OMIS Gemi Service, OMCN and ZordaN will perform the maintenance, repair and certification of this equipment, to guarantee their proper efficiency, functionality, and certified level.

NOTE: The Quoter shall provide us with a statement indicating if they are going to perform the 100% of service with their own organization or if they are going to sub-contract a part of the work. In this case, the Quoter must indicate the name of the company and the work sub-contracted.

FACTOR II – TECHNICAL - COMPANY EXPERIENCE

The Government will evaluate the information provided on the Company Experience Questionnaire. The Quoter or his sub-contractor must clearly demonstrate that they have relevant experience is providing services similar in size, scope, magnitude, and complexity that provides “Maintenance and Repair of Lifting Equipment”.

The Quoter shall provide company work experience examples concerning three (3) completed or on-going projects within five years of the Request for Quote (RFQ) release date 26 August 2024.

On-going contract means the contractor performed at least six (6) months of performance from the RFQ release date.

The Quoter shall use the Company Experience Questionnaire attachment to describe (in English) their experience in detail in the Maintenance and Repair of Lifting Equipment. The value of each work shall not be less than Euro 10,000.00 ($8,580.74).

NOTE: If the Quoter is going to sub-contract a part of the work, the company experience shall be submitted also for both the Quoter and for the sub-contractor as indicated above.

FACTOR III – PRICE

Each Quoter shall provide a price for each CLIN included in the request for quotation, in Euro currency and without IVA tax. The United States government is exempt from payment of Imposta Valore Aggiunto (IVA) tax in accordance with DFAR 252.229-7003, Tax Exemptions, and with Article 72 of the Italian IVA implementing Decree Law 633, dated October 26, 1972.

The price indicated in each CLIN shall be the sum of the specific services (monthly, quarterly, etc.) listed in the Attachment 1 – Price Sheet.

III. DOCUMENTATION REQUIRED FOR THE DETERMINATION OF RESPONSIBILITY

a. DOCUMENTO UNICO DI REGOLARITA’ CONTRIBUTIVA (DURC). The Quoter shall provide with the quote a copy certified and NOT older than 90 ninety days at the time set forth for the receipt of the quote of the DURC. (Documento Unico di Regolarita’

Contributiva). Self-certifications are NOT accepted, however if the Quoter has submitted a certified DURC to the issuing office (RCO Sub-Office Livorno) within 90 days from the due date of this quote, then the Quoter may submit a copy of the previously certified

DURC.

The document MUST include the following statement otherwise the quote will be rejected: “Con il presente document si dichiara che l’impresa RISULTA REGOLARE ai fini del DURC”.

b. CERTIFICATE OF CHAMBER OF COMMERCE (ORDINARIO): The Quoter shall provide a copy of the Chamber of Commerce Certificate of Membership (Certificato di iscrizione alla Camera di Commercio), NOT older than two (2) months at the time set forth for the receipt of quotes. Self-certifications are not allowed. However, if the quoter has submitted a certified Chamber of Commerce Certificate of Membership to the issuing office within 90 days from the due date of this quote, then the Quoter may submit a copy of the previously certified Chamber of Commerce Certificate of Membership.

c. SELF-CERTIFICATION FOR ANTIMAFIA COMMUNICATION: The Quoter shall complete the Attachment titled “Self-certification for Antimafia communication” consisting of one (1) page.

SINGLE AWARD: The Government intends to make a single award; therefore, quotes must be submitted for all the line items indicated in the solicitation. No award will be made for less than the full requirements shown in the solicitation. Any Quoter offering less than all the solicitation requirements may be excluded from consideration for award if the Contracting Officer elects to make an award without opening discussions.

Army Contract Writing System (ACWS) Transition Information for Offerors

a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.

b. During this transition period, Offerors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this:

i. This solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.

ii. If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.

iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued.

Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.

2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot such errors. Therefore, Offerors shall:

i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.

ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.

iii. Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.

3. The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.

4. In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:

i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.

ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.

iii. Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.

iv. Will issue a complete, properly formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.

(ix) A statement regarding the applicability of the provision at 52.212-2, Evaluation-Commercial Products and Commercial Services, if used, and the specific evaluation criteria to be included in paragraph (a) of that provision. If this provision is not used, describe the evaluation procedures to be used.

The Government will award a contract resulting from this combined synopsis/solicitation to the responsible offeror whose offer conforming to the combined synopsis/solicitation will be most advantageous to the Government, price and other factors considered.

(x) A statement advising offerors to include a completed copy of the provision at 52.212- 3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its offer.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor I – Certifications Factor II – Company Experience Factor III - Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

Addendum to FAR 52.212-2 applies as follows:

I. BASIS FOR AWARD

a. This acquisition will be conducted in accordance with procedures in FAR Part 12, FAR 13.5 Simplified Procedures for Certain Commercial Items and as supplemented by agency.

The source selection process is Lowest Price Technically Acceptable (LPTA) source selection process. Award will be made to the lowest priced offer that meets or exceeds all the minimum mandatory criteria in the solicitation Factors to be evaluated, noted below. Award will be on an "all or none" basis. Offerors are put on notice that:

(1) The non-price factors will be evaluated on an "acceptable/unacceptable" basis

(2) The non-price factors are evaluated for acceptability and NOT ranked

(3) Offers are NOT compared to each other

(4) Tradeoffs are NOT permitted

(5) The offerors must provide all required information, or the offer will not be considered

(6) In order to be eligible for an award, an offer shall be rated " ACCEPTABLE" on all non-price factors

II. FACTORS TO BE EVALUATED

a. The evaluation factors for this solicitation are:

FACTOR I – TECHNICAL – CERTIFICATIONS

Rating Description

Acceptable The Quote clearly meets the minimum requirements of the solicitation

Unacceptable The Quote does not clearly meet the minimum requirements of the solicitation

Acceptable: The quote meets the minimum requirement of the solicitation if it provided all the below Certifications.

Chamber of Commerce Certificate detailing the company qualification in accordance with D.M.# 37/2008, art. 1 letters “a, b, c.d.e.f” .

ISO 9001 and ISO 14001 quality certifications or equivalent

The Quoter or his sub-contractor shall provide a statement that technicians or authorized representatives from manufacturers Ravaglioli, Alex Sistemi, OMIS Gemi Service, OMCN and Zordan will perform the maintenance, repair and certification of this equipment, to guarantee their proper efficiency, functionality, and certified level.

NOTE: The Quoter shall provide us with a statement indicating if they are going to perform the 100% of service with their own organization or if they are going to sub-contract a part of the work. In this case, the Quoter must indicate the name of the company and the work sub-contracted.

Unacceptable: The quote does not meet the minimum requirement of the solicitation if it does not provide all the above certifications.

FACTOR II – TECHNICAL – COMPANY EXPERIENCE

The quoter demonstrates recent and relevant experience in scope, complexity, and price. The Government will evaluate the information concerning at least three (3) relevant projects within the past five years, provided by the quoter on Company Experience Questionnaire attachment.

The technical factor will be rated on an acceptable/unacceptable basis using the following ratings:

Rating Description

Acceptable The Quote clearly meets the minimum requirements of the solicitation

Unacceptable The Quote does not clearly meet the minimum requirements of the solicitation

Acceptable: Quotes which meet the minimum requirements for this request for quote is based on the following:

The Quoter or his sub-contractor demonstrate that they have relevant experience in providing services similar in size, scope, magnitude, and complexity for “Maintenance and Repair of Lifting Equipment”. The Quoter shall provide company work experience examples concerning three (3) completed or on-going contracts within five years of the Request for Quote (RFQ) release date 26 August 2024.

On-going contract means the contractor performed at least six (6) months of performance from the RFQ release date. The Quoter shall use the Company Experience Questionnaire attachment to describe (in English) their experience in detail in the Maintenance and Repair of Lifting Equipment. The value of each work shall not be less than Euro 10,000.00 ($8,580.74)

NOTE: If the Quoter is going to sub-contract a part of the work, the company experience shall be submitted for both the Quoter and for the sub-contractor as indicated above.

Unacceptable: Quotes which does not meets the minimum requirements of the request for quote is considered the following:

The Quoter or his sub-contractor fails to demonstrate that they have relevant experience is providing services similar in size, scope, magnitude, and complexity that provides “Maintenance and Repair of Lifting Equipment”. The Quoter shall provide company work experience examples concerning three (3) completed or on-going projects within five years of the Request for Quote (RFQ) release date 26 August 2024.

On-going contract means the contractor performed at least six (6) months of performance from the RFQ release date. The Quoter shall use the Company Experience Questionnaire attachment to describe (in English) their experience in detail in the Maintenance and Repair of Lifting Equipment. The value of each work shall not be less than Euro 10,000.00 ($8,580.74).

The Quoter fails to provide experience of their sub-contractor if any.

FACTOR III – PRICE

Each Quote will be evaluated for price reasonableness, completeness, and total evaluated price

(TEP).

i. The price structure will consist of quantity multiplied by unit price equaling total line-item cost. The Quote price will be evaluated separately from the non-price factors. An assessment of the reasonableness of each proposed price will be made. The Contracting Officer will perform a price analysis of each quote found to be acceptable. Quoters are required to price the base period and the option periods. Quoters shall not submit a price for the potential six

(6) months extension of services period. The Government may choose to exercise the Extension of Services at the end of any performance period (base or option periods), utilizing the rates of the performance period.

The price analysis is the process of examining and evaluating a proposed price to determine if it is fair and reasonable without evaluating its separate cost elements and proposed profit.

The Contracting Officer may use various price analysis techniques and procedures to ensure a fair and reasonable price. The Government will assess price reasonableness and balance by using one or more of the techniques and procedures described under FAR 13.106-3, Award and Documentation. Generally, adequate price competition will satisfy the criteria of price reasonableness. The Government will review the pricing submissions for completeness and compliance with FAR 52.212-1 and its addendum. Incomplete price submissions may not be evaluated, and the proposal may be eliminated from the competition.

ii. For purposes of evaluating the total quoted price, the Contracting Officer will add the total line-item costs for CLINs 0001 through 404 in Euros or US Dollars (in accordance with the currency indicated in the quote), plus the total value of the option to extend services under FAR 52.217-8, to derive the total evaluated price. For the purposes of calculating the total price under FAR 52.217-8, the Contracting Officer will use one half of the sum of the total quoted prices for CLINs for the final contract year (either the base year or last option period as applicable).

iii. Total Evaluation Price. The total prices indicated at CLIN 0001 through 4004 will be evaluated for fair and reasonableness and for unbalanced pricing. Unrealistic, unbalanced or unreasonable pricing may cause a proposal to be determined unacceptable. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government

(xi) A statement that the clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition and a statement regarding any addenda to the clause. Addendum to FAR 52.212-4 applies as follows:

1. In accordance with FAR 12.302, Tailoring of Provisions and Clauses for Acquisition of Commercial Items, FAR 52.212-4 is tailored, as shown below, to reflect the special terms and conditions unique for this contract. The following shall apply to this contract in addition to those terms and conditions in FAR 52.212-4. The specific paragraph of FAR 52.212-4 is tailored as shown below:

a. Inspection and Acceptance. Inspection and acceptance of services under this contract shall be performed by the Contracting Officer’s Representative (COR). Place of inspection and point of acceptance of the services to be provided under this contract shall be at a destination specified in accordance with the delivery information specified above.

b. Invoice: The contractor shall comply with WAWF DFARS Clause 252.232-7006 for submission of invoices. No paper invoices shall be submitted to the Contracting Office for approval. Invoices shall only be submitted through the WAWF electronic system.

2. The contractor shall:

a. Upload the paper version of the invoice in WAWF.

b. Upload a valid DURC certificate in WAWF – ONLY APPLICABLE TO ITALIAN

COMPANIES

c. Upload the following statement signed in WAWF:

“The amounts requested are only for performance in accordance with the terms and conditions of the contract. All payment due to employees, subcontractors, and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with terms and conditions of the contract, local labor laws and agreements, subcontract agreements, and the requirements of chapter 39 of Title 31, United States Code.”

2. PARTIAL PAYMENTS ARE AUTHORIZED. Only the actual services rendered in accordance with the Performance Work Statement will be paid.

(xii) A statement that the clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

3509).

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

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(DEC 2023) (Pub. L. 115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

___ (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

____ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

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

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

____ (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

____ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O.

13126).

____ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

____ (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

____ (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

____ (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

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

____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

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

X (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

X (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

____ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022)) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (FEB 2024) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

X (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

____ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024) (E.O. 13513).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services

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

____ (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management

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

____ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

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

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

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

____ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

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

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

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022) (E.O. 13658).

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

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

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

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

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

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67.)

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

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph

(c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

(xiii) A statement regarding any additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) determined by the contracting…