Combined Synosis Soliciation N4008426Q1004.pdf

Subj: REQUEST FOR QUOTE NO. N4008426Q1004 PREVENTIVE MAINTENANCE AND REPAIR

SERVICES FOR JAPANESE FIRE APPARATUS AND TRUCKS AT NAVY REGION, YOKOSUKA,

SASEBO, AND ATSUGI, JAPAN

Combined Synopsis/Solicitation N4008426Q1004 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.202(b), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation number is N4008426Q1004 is issued as a Request for Quote (RFQ) for PREVENTIVE

MAINTENANCE AND REPAIR SERVICES FOR JAPANESE FIRE APPARATUS AND TRUCKS AT NAVY

REGION, YOKOSUKA, SASEBO, AND ATSUGI, JAPAN.

It is important to note that this combined synopsis/solicitation requesting a quote shall not be construed as obligating the Government to award a contract or authorizing work to commence and shall not serve as a basis for any future claims against the Government.

This acquisition is not set-aside for small business concerns. The intent of this solicitation is to be a sole source contract. This solicitation incorporates provisions and clauses by reference. The full text of the provisions and clauses may be accessed electronically at www.acquisition.gov.

The DPAS rating for this requirement is DO-C3.

REQUIREMENT DESCRIPTION

This solicitation is a Request for Quote (RFQ) soliciting proposals to provide the commercial services detailed in the attached Performance Work Statement (PWS). The Government will evaluate proposals and award Fixed Price task orders for recurring and non-recurring work under a basic Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract for a base period of one year, and four (4) one year option periods.

Except where otherwise stated, the Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services outlined below and described in this Performance Work Statement (PWS) at Commander Fleet Activities Yokosuka (CFAY), Naval Air Facility Atsugi (NAFA), Commander Fleet Activities Sasebo (CFAS) and outlying areas supported by these installations by means of a performance-based contract that is comprised of both Recurring Work and Non-Recurring Work Items.

The PWS is organized into annexes. Annex 1 is "General Information". Annex 2 contains the on-site project management and administration requirements. Annexes 3 through 18 contain the technical requirements. The annex numbers are identified as 1 through 18 in the description column, but the fully expanded annex numbers include seven digits (e.g., Annex 1 expanded number is 0100000).

Annex 1 General Information Annex 2 Management and Administration Annex 17 Transportation

The North American Industry Classification System (NAICS) code for this procurement is 336120 Heavy Duty Truck Manufacturing. Product Service Code (PSC) is J042 Maintenance, Repair, and Rebuilding of Equipment – Fire Fighting, Rescue, and Safety Equipment; and Environmental Protection Equipment and Materials.

Offerors shall enter unit prices and amounts for contract line items (CLINs) and exhibit line items (ELINs) as indicated in the schedules and the accompanying exhibits, Attachment 2 Price Proposal Form.

DFARS 252.204-7000 Disclosure of Information applies to all Documents, Exhibits, and Attachments as well as FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems and DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls, 252.204-7009 Limitations on the Use or

Disclosure of Third-Party Contractor Reported Cyber Incident Information, and 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

Offerors are encouraged to seek guidance from their own legal or cyber-security compliance advisors for advice concerning the 15 security controls required by FAR 52.204-21. Additional information concerning FAR 52.204-21 is also available through the below webpage:

https://www.navfac.navy.mil/navfac_worldwide/pacific/fecs/far_east/about_us/contractors_information.html

NOTE: This solicitation includes Government furnished information (GFI) that requires unique handling, storage, marking, and/or release or dissemination procedures in accordance with Federal law and/or regulations and/or DoD policy. Contractor guidance on its duties and responsibilities with regard to GFI provided under this solicitation, which includes but is not limited to Controlled Unclassified Information (CUI) and/or Operations Security (OPSEC) (the CUI_OPSEC Guide) is located at the webpage indicated above and will be incorporated by reference into any resulting contract, task order, delivery order, etc.

Section A – Solicitation/Contract Form

1. IDIQ CONTRACT COMPRISED NON-RECURRING LINE ITEMS

a. This is Indefinite Delivery/Indefinite Quantity (IDIQ) contract comprised of Non-Recurring Contract Line Items for the supplies or services specified, and effective for the period stated in the Schedule and any accompanying exhibits. The quantities of supplies and services specified in accompanying exhibits and the Schedule as Non-Recurring are estimates only and may be ordered by issuance of separate task order.

b. Delivery or performance shall be made only as authorized by orders issued in accordance with FAR52.216-

19. Issuance of orders orally or by electronic commerce methods (i.e., DoD FedMall, GCPC, Task Orders) are authorized. Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule and any accompanying exhibits up to the contract stated maximum. Concurrently with the award of the basic contract, the Government intends to issue a task order to obligate funds for CLIN 0001, Base Period Recurring Work.

c. Except for any limitations on quantities in FAR clause 52.216-19, in the Schedule, and in any accompanying exhibits, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

d. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period.

2. ORDERING OF NON-RECURRING LINE ITEMS

Non-Recurring work may be ordered using the Exhibit Line Item Number (ELINs) incorporated into this contract.

These pre-negotiated rates will be used to propose prices based off the type of services required. Issuance of a task order by the issuing activity will be in accordance with the Procedure for Issuing Order clause.

3. ORDER LIMITATION CLARIFICATION

The minimum order stated in paragraph (a) of FAR 52.216-19, entitled “ORDER LIMITATIONS,” apply only to the issuance of a task order by the issuing activity using a SF1449 “Solicitation/Contract/Order for Commercial Items”. The minimum ordering limit does not apply to GCPC orders.

4. NON-RECURRING WORK CONTRACT LINE ITEM QUANTITIES

Once the estimated quantities for individual line items shown in the ELIN list have been ordered, additional quantities may be ordered as long as the overall Not-to-Exceed (NTE) amount of the contract per year is not exceeded and the contractor agrees by signing the task order, or by modification. Any unused estimated amount under the Non-Recurring work from the current year will be carried over to the next Option year via issuance of a bilateral modification prior to the exercise of the next Option year, so long as the total estimated contract price for all years is not exceeded.

ELIN and Sub ELIN rates for the unused capacity carried over to the next option will be consistent with the succeeding option’s rate.

5. CONTRACTOR PERFORMANCE ASSESSMENT / EVALUATION MEETING

a. As directed by the Contracting Officer, the Contractor may be required to meet the Government’s Contracting Officer’s Representative, Performance Assessment Representative, and other contract management Representatives as often as weekly for the entire contract performance period of the contract to discuss contract matters.

Frequency of meetings is the discretion of the Contracting Officer. A mutual effort will be made to resolve all problems identified. If written minutes of a meeting are prepared by the Government, the minutes shall be signed by the Contractor’s representative and the Government’s representative. Should the Contractor not concur with the minutes, the Contractor shall state in writing to the Contracting Officer any area of disagreement within five

(5) calendar days.

b. The Government will annually assess the Contractor’s overall performance on this contract by completing a Contractor Performance Assessment Report System (CPARS) Form located on the website www.cpars.navy.mil.

Prior to commencement of work, the Contractor is required to provide the Government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the Government. It is the Contractor’s responsibility to keep this contract information current.

The Government may use this form to evaluate the Contractor more frequently if it becomes necessary. The Contractor will be afforded an opportunity to comment on each evaluation performed when the Government uses the CPARS form. The Contractor has 30 calendar days to submit written comments on unsatisfactory ratings.

6. ACCEPTANCE

The performance and quality of work delivered by the contractor, including services rendered and any documentation will be evaluated in accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, paragraph (a) Inspection/Acceptance and contract specific performance standards. The contractor shall establish and maintain an inspection system as described in Section 0200000, Paragraph 2.6.8.2 , Quality Inspection and Surveillance. Performance Assessment Representative and Contracting Officer’s Representative will be monitoring the contractor performance.

7. INVOICING INSTRUCTIONS AND PAYMENT PROCESSING

a. Invoicing. Contractor's invoice for services performed shall be submitted to the Contracting Officer or their representative on Navy Construction Invoice/Facilities Management Invoice form NAVFAC 7300/30.

b. Payment. Payment will be based on invoices submitted by the Contractor for satisfactorily completed work.

Upon verification of the work actually performed and after receipt of required Contractor submittal, invoices will be processed for payment.

c. Invoices shall be submitted via the system WAWF (Wide Area Workflow) available in the Procurement Integrated Enterprise Environment (PIEE) in accordance with the instructions in the DFARS clause 252.232-7006 Wide Area Workflow Payment Instructions (JAN 2023).

8. DFARS PGI PAYMENT INSTRUCTIONS

PGI 204.7108 Payment Instructions applies to this contract. The following is incorporated into this contract:

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_71.htm#payment_instructions

9. FAR PROVISION 52.229-11 AND FAR CLAUSE 52.229-12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons.

It implements the Department of the Treasury final regulations published in the Federal Register at 81 CFR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign entities pursuant to certain contracts. Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment. Failure to submit IRS Form W-14 with a payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Line 6 and 7:

Line 6 Contract / reference number:

N4008426R1004 Line 7 Name and address of the acquiring agency:

Naval Facilities Engineering Command (NAVFAC) Far East City or town, state or province. Include postal codewhere appropriate Country (do not abbreviate) Bldg. 1828, 1F, Tomari-cho Yokosuka, Kanagawa, 238-0001 Japan

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue. Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and the Execution/submission of IRS Form W-14. Additional information is also available at:

https://www.navfac.navy.mil/navfac_worldwide/pacific/fecs/far_east/about_us/contractors_information.html

10. WARRANTY

The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

11. CONCILIATION

a. Any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the U.S.-Japan Joint Committee for Conciliation in accordance with paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI, of the Treaty of Mutual Cooperation and Security between Japan and the United States of America.

b. Recourse to the Joint Committee for Conciliation for resolving disputes is available in addition to the procedures set forth in the Contract Disputes Act of 1978 and the Disputes Clause of this contract, 52.233-1. A request for conciliation by the Joint Committee, however, shall not toll the time periods allowed under the Contract Disputes Act for appealing a contracting officer’s final decision to either the Armed Services Board of Contract Appeals or U.S. Court of Federal Claims.

c. Upon filing a request for conciliation with the Joint Committee, the Contractor shall immediately notify the Contracting Officer in writing of the request.

12. CONSUMPTION TAX EXEMPTION PROCEDURES ON PURCHASE OF GOODS AND SERVICES

BY THE UNITED STATES ARMED FORCES IN JAPAN [JAPANESE LAW NO. 108, 1988]

a. The Consumption Tax Law (Law No. 108, 1988) was enacted in the Diet of Japan on 24 December 1988, and applied from April 1, 1989. The Government of Japan (GOJ) and the United States Government (USG), in accordance with paragraph 3, Article XII, of the "Agreement Under Article VI of the Treaty of Mutual Cooperation And Security Between Japan And The United States of America Regarding Facilities And Areas And The Status of United States Armed Forces In Japan," (SOFA) have agreed upon procedures for exempting the United States from the Japanese Consumption Tax on goods and services purchased in Japan for official purposes of the U. S. Armed Forces by the U. S. Armed Forces or its authorized procurement agencies.

b. The underlying objective is to obtain the full amount of the exemption from the tax on U.S. Forces procurements immediately at the time of purchase, and at the same time give the Contractor a proof of purchase document, acceptable to GOJ tax authorities, which he/she can present to the tax authorities to obtain a tax credit and/or refund for tax already collected and paid by previous sellers.

c. The exemption from the Japanese Consumption Tax applies not only to prime contractors, but also subcontractors or suppliers at every level regardless of the nationality of the prime contractor whether a Japanese or foreign firm.

d. By the submission of their offer, the offeror certifies that the Japanese Consumption Tax is not included in the bid/proposal/quote price, nor will it be a part of any subsequent modification to the contract. Procedures for Contractors to obtain a consumption tax credit are described in USFJ Instruction 51-5 that may be obtained from the Procuring Contracting Office.

13. GOVERNMENT REPRESENTATIVES

The contract will be administered by an authorized representative of the Contracting Officer. In no event, however, will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the Contracting Officer be effective or binding upon the Government, unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract. The authorized representative as indicated hereinafter:

_______The Contracting Officer's Representative (COR) will be designated by the Contracting Officer as the authorized representative of the Contracting Officer. The COR is responsible for monitoring performance and the technical management of the effort required hereunder, and should be contacted regarding questions or problems of a technical nature.

X______The designated Contract Specialist will be the Administrative Contracting Officer's representative on all other contract administrative matters. The Contract Specialist should be contacted regarding all matters pertaining to the contract or task/delivery orders.

_______The designated Property Administrator is the Administrative Contracting Officer's representative on property matters. The Property Administrator should be contacted regarding all matters pertaining to property administration.

CONTRACT INFORMATION

CLIN DESCRIPTION

Item Supplies/Service Estimated Quantity

Unit Unit Price

Amount (¥)

0001 Base Period Recurring The contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services outlined below and described in this Performance Work Statement (PWS), the terms and conditions of this contract including all its attachments.

This price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Base Period (Recurring Work) - i.e. the total of Exhibit Line Item Number (ELINs) A001AA, A001AB and

A001AC.

1 Task

CITING U.S. DOLLARS

Proposal shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese Yen shall be deemed non-responsive, and will not be eligible for award.

Pricing Arrangement: Firm Fixed Price

0002 Base Period Non-Recurring The contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services outlined below and described in this PWS, the terms and conditions of this contract including all its attachments.

This price for this CLIN is the total of all line items being awarded for the Base Period (Non-Recurring Work) - i.e. the total of ELINs A700, A701 and A702.

CITING U.S. DOLLARS

Proposal shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese Yen shall be deemed non-responsive, and will not be eligible for award.

Pricing Arrangement: Firm Fixed Price

1 Task

0003 First Option Period Recurring The contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services outlined below and described in this PWS, the terms and conditions of this contract including all its attachments.

This price for this CLIN is the total of all line items being awarded for the First Option Period (Recurring Work) - i.e. the total of ELINs B001AA, B001AB and

B001AC.

CITING U.S. DOLLARS

Proposal shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese Yen shall be deemed non-responsive, and will not be eligible for award.

Pricing Arrangement: Firm Fixed Price

0004 First Option Period Non-Recurring The contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services outlined below and described in this PWS, the terms and conditions of this contract including all its attachments.

This price for this CLIN is the total of all line items being awarded for the First Option Period (Non- Recurring Work) - i.e. the total of ELINs B700, B701 and B702.

CITING U.S. DOLLARS

Proposal shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese Yen shall be deemed non-responsive, and will not be eligible for award.

Pricing Arrangement: Firm Fixed Price

1 Task

0005 Second Option Period Recurring The contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services outlined below and described in this PWS, the terms and conditions of this contract including all its attachments.

This price for this CLIN is the total of all line items being awarded for the Second Option Period (Recurring Work) - i.e. the total of ELINs C001AA, C001AB and C001AC.

CITING U.S. DOLLARS

Proposal shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese Yen shall be deemed non-responsive, and will not be eligible for award.

Pricing Arrangement: Firm Fixed Price

1 Task

0006 Second Option Period Non-Recurring The contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services outlined below and described in this PWS, the terms and conditions of this contract including all its attachments.

This price for this CLIN is the total of all line items being awarded for the Second Option Period (Non- Recurring Work) - i.e. the total of ELINs C700, C701 and C702.

CITING U.S. DOLLARS

Proposal shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese Yen shall be deemed non-responsive, and will not be eligible for award.

Pricing Arrangement: Firm Fixed Price

0007 Third Option Period Recurring The contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services outlined below and described in this PWS, the terms and conditions of this contract including all its attachments.

This price for this CLIN is the total of all line items being awarded for the Third Option Period (Recurring Work) - i.e. the total of ELIN) D001AA, D001AB and

D001AC.

CITING U.S. DOLLARS

Proposal shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese Yen shall be deemed non-responsive, and will not be eligible for award.

Pricing Arrangement: Firm Fixed Price

1 Task

0008 Third Option Period Non-Recurring The contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services outlined below and described in this PWS, the terms and conditions of this contract including all its attachments.

This price for this CLIN is the total of all line items being awarded for the Third Option Period (Non- Recurring Work) - i.e. the total of ELINs D700, D701 and D702.

CITING U.S. DOLLARS

Proposal shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese Yen shall be deemed non-responsive, and will not be eligible for award.

Pricing Arrangement: Firm Fixed Price

0009 Fourth Option Period Recurring The contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services outlined below and described in this PWS, the terms and conditions of this contract including all its attachments.

This price for this CLIN is the total of all line items being awarded for the Fourth Option Period (Recurring Work) - i.e. the total of ELINs E001AA, E001AB and

E001AC.

CITING U.S. DOLLARS

Proposal shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese Yen shall be deemed non-responsive, and will not be eligible for award.

Pricing Arrangement: Firm Fixed Price

1 Task

0010 Fourth Option Period Non-Recurring The contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services outlined below and described in this PWS, the terms and conditions of this contract including all its attachments.

This price for this CLIN is the total of all line items being awarded for the Fourth Option Period (Non- Recurring Work) - i.e. the total of ELINs E700, E701 and E702.

CITING U.S. DOLLARS

Proposal shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese Yen shall be deemed non-responsive, and will not be eligible for award.

Pricing Arrangement: Firm Fixed Price

Section E – Inspection and Acceptance

Supplies/Services will be inspected/accepted at:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/Deviation Variation Effective Date

52.246-4 Inspection of Services-Fixed-Price Aug 1996

Section F – Deliveries or Performance Period of Performance

CLIN DESCRIPTION PERIOD OF PERFORMANCE*

0001 Base Period – Recurring 15 September 2026 – 14 September 2027 0002 Base Period – Non-Recurring 15 September 2026 – 14 September 2027 0003 First Option Period – Recurring 15 September 2027 – 14 September 2028 0004 First Option Period – Non-Recurring 15 September 2027 – 14 September 2028 0005 Second Option Period – Recurring 15 September 2028 – 14 September 2029 0006 Second Option Period – Non-Recurring 15 September 2028 – 14 September 2029 0007 Third Option Period – Recurring 15 September 2029 – 14 September 2030 0008 Third Option Period – Non-Recurring 15 September 2029 – 14 September 2030 0009 Fourth Option Period – Recurring 15 September 2030 – 14 September 2031 0010 Fourth Option Period – Non-Recurring 15 September 2030 – 14 September 2031

*Estimated dates, actual dates will be cited on contract.

Section G – Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/Deviation Variation Effective Date

252.201-7000 Contracting Officer's Representative Dec 1991 252.232-7003 Electronic Submission of Payment

Requests and Receiving Reports.

Dec 2018

252.232-7008 Assignment of Claims (Overseas) Jun 1997

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Navy Construction Invoice / Facilities Management Invoice

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0721

Issue By DoDAAC N40084 Admin DoDAAC N40084 N40084

Inspect By DoDAAC N40084 Ship To Code Not Applicable

Ship From Code Not Applicable Mark For Code Not Applicable

Service Approver (DoDAAC) Not Applicable Service Acceptor (DoDAAC) N40084

Accept at Other DoDAAC Not Applicable LPO DoDAAC N40084

DCAA Auditor DoDAAC Not Applicable Other DoDAAC(s) Not Applicable

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

NAVFAC-ACQ-INV@us.navy.mil

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

(End of clause)

Section I – Contract Clauses

FAR Clause Incorporated by Reference

Number Title Effective Date

Alternate/Deviation Variation Effective Date

52.202-1 Definitions Jun 2020 52.203-3 Gratuities Apr 1984

52.203-6 Restrictions on Subcontractor Sales to the Government Jun 2020

52.203-6 Restrictions on Subcontractor Sales to the Government. (Alternate I) Jun 2020 Alternate I Nov 2021

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation 2026-O0038) Feb 2026

52.204-13 System for Award Management-Maintenance.

(Deviation 2026-O0038) Feb 2026

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.209-6

Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038) Feb 2026

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (Deviation 2026-O0038) Feb 2026

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026-O0038) Feb 2026

52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation 2026-O0038) Feb 2026

52.222-50 Combating Trafficking in Persons. (Deviation 2026- O0038) Feb 2026

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. (Deviation 2026-O0038) Feb 2026

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving May 2024

52.229-6 Taxes-Foreign Fixed-Price Contracts Feb 2013 52.229-12 Tax on Certain Foreign Procurements Feb 2021

52.232-33 Payment by Electronic Funds Transfer-System for Award Management Oct 2018

52.232-36 Payment by Third Party. (Deviation 2026-O0038) Feb 2026

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

52.233-1 Disputes (Deviation 2026-O0038) Feb 2026 52.233-3 Protest after Award (Deviation 2026-O0038) Feb 2026

52.233-4 Applicable Law for Breach of Contract Claim (Deviation 2026-O0038) Feb 2026

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) Feb 2026

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038) Apr 2026

Date

Alternate/Deviation Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights Dec 2022

252.204-7000 Disclosure of Information Oct 2016 252.204-7004 Antiterrorism Awareness Training for Contractors Jan 2023

252.205-7000 Provision of Information to Cooperative Agreement Holders Oct 2024

252.222-7002 Compliance with Local Labor Laws (Overseas) Jun 1997 252.223-7008 Prohibition of Hexavalent Chromium Jan 2023 252.225-7012 Preference for Certain Domestic Commodities Apr 2022 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings Jan 2023 252.225-7041 Correspondence in English Jun 1997

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime Jan 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region Jun 2023

252.225-7976 Contractor Personnel Performing in Japan (DEVIATION 2018-O0019) Aug 2018 Deviation 2018-O0019 Aug 2018

252.226-7001

Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns Jan 2023

252.232-7010 Levies on Contract Payments Dec 2006 252.233-7001 Choice of Law (Overseas) Jun 1997

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel Jan 2023

252.243-7002 Requests for Equitable Adjustment Dec 2022 252.247-7023 Transportation of Supplies by Sea Oct 2024

FAR Clauses Incorporated by Full Text

52.216-18 Ordering (Aug 2020)

Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued in accordance with the POP dates in the CLINs above.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when-

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either-

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 51,000 JPY, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of 10,000,000 JPY;

(2) Any order for a combination of items in excess of 15,000,000 JPY; or

(3) A series of orders from the same ordering office within seven (7) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Deviation 2026-O0038) (Feb 2026)

Indefinite Quantity (Feb 2026) (Deviation 2026-O0038)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion date specified in each task order.

52.217-8 Option to Extend Services (Nov 1999)

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

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

Option to Extend the Term of the Contract (Mar 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) (Alternate I) (Feb 2026)

Alternate I (Feb 2026) (Deviation 2026-O0038). As prescribed in 22.1703-2(a)(2), substitute the following paragraph in place of paragraph (c)(1)(i) of the basic clause:

(c)(1)(i)(A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained from: Applies to performance in/at:

[Contracting Officer must insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the United States to which the document applies.]

52.223-3 Hazardous Material Identification and Safety Data. (Deviation 2026-O0038) (Feb 2026)

Hazardous Material Identification and Safety Data (Feb 2026) (Deviation 2026-O0038)

(a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The Offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Safety Data Sheet submitted under this contract.

Material (If none, insert None) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.

Failure to submit the Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.252-2 Clauses Incorporated by Reference (Feb 1998)

Clauses Incorporated By Reference (Feb 1998)

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

Revolutionary FAR Overhaul (RFO): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

Defense Federal Acquisition Regulation Supplement (DFARS):

http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-6 Authorized Deviations in Clauses (Nov 2020)

Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

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

252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level

Requirements. (Nov 2025)

CONTRACTOR COMPLIANCE WITH THE CYBERSECURITY MATURITY MODEL CERTIFICATION

LEVEL REQUIREMENTS (NOV 2025)

(a) Definitions. As used in this clause-

"Controlled unclassified information" means information the Government creates or possesses, or information an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Governmentwide policy requires or permits an agency to handle using safeguarding or dissemination controls (32 CFR 2002.4(h)).

"Current" means-

(1) With regard to Conditional Cybersecurity Maturity Model Certification (CMMC) Status-

(i) Not older than 180 days for Conditional Level 2 (Self) assessments and Conditional Level 2 (certified third-party assessment organization (C3PAO)) assessments, with-

(A) No changes in compliance with the requirements at 32 CFR part 170 since the Conditional CMMC Status date (see 32 CFR 170.16 and 170.17); and

(B) A corresponding affirmation of continuous compliance by an affirming official (see 32 CFR 170.4); and

(ii) Not older than 180 days for Conditional Level 3 (Defense Industrial Base Cybersecurity Assessment Center (DIBCAC)) assessments, with-

(A) No changes in compliance with the requirements at 32 CFR part 170 since the Conditional CMMC Status date (see 32 CFR 170.18); and

(B) A corresponding affirmation of continuous compliance by an affirming official;

(2) With regard to Final CMMC Status-

(i) Not older than 1 year for Final Level 1 (Self),…