Contract - FA441720P0118.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA441720P0118

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Non-personal service: The contractor shall provide customer support services in accordance with the Performance Work Statement dated 12 June 2020. Period of Performance 1 Sep 2020 to 31 Mar 2021.

Purchase Requisition Number:

F2F3160140AW012

Product Service Code: R699 Signal Code: A Firm Fixed Price

CIN: 00000000000005694759

ACRN: AA

7.0 Months

USD 21,310.97

Schedule Price

Firm Price

USD 149,176.79

Funded Amount

USD 149,176.79

Option Line Item

Non-personal service: The contractor shall provide customer support services in accordance with the Performance Work Statement dated 12 June 2020. Period of Performance 1 April 2021 to 31 Mar 2022.

Product Service Code: R699 Signal Code: A Firm Fixed Price

12.0 Months

USD 21,310.97

Schedule Price

Firm Price

USD 255,731.64

Option Line Item

Non-personal service: The contractor shall provide customer support services in accordance with the Performance Work Statement dated 12 June 2020. Period of Performance 1 April 2022 to 31 Mar 2023.

Product Service Code: R699 Signal Code: A Firm Fixed Price

12.0 Months

USD 21,310.97

Schedule Price

Firm Price

USD 255,731.64

Option Line Item

Non-personal service: The contractor shall provide customer support services in accordance with the Performance Work Statement dated 12 June 2020. Period of Performance 1 April 2023 to 31 Mar 2024.

Product Service Code: R699 Signal Code: A Firm Fixed Price

12.0 Months

USD 21,310.97

Schedule Price

Firm Price

USD 255,731.64

Option Line Item

Non-personal service: The contractor shall provide customer support services in accordance with the Performance Work Statement dated 12 June 2020. Period of Performance 1 April 2024 to 31 Mar 2025.

Product Service Code: R699 Signal Code: A Firm Fixed Price

12.0 Months

USD 21,310.97

Schedule Price

Firm Price

USD 255,731.64

Description/Specifications/Statement of Work

Requirements Personnel functions for the MPF: support for the Defense Enrollment Eligibility Reporting System (DEERS) and the five Real-time Personnel Identification System (RAPIDS) terminals for this issuing facility, Automatic Records Management System (ARMS)/Personnel Records Display Application (PRDA), Military Personnel Data System (MilPDS), Common Access Cards, Adoption, Citizenship, INTRO, Family Care Plans, and Leave Web programs.

Packaging and Marking

Inspection and Acceptance

0001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2F328 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2F328 1 SOFSS DPA

AF NO MILSBILLS PROC CP

8508842962

212 LUKASIK AVE BLDG 90210

HURLBURT FIELD, FL 32544 5301

United States

OfficeCode:

Lisa Tkaczyk Telephone: 850-884-7605 Email: lisa.tkaczyk@us.af.mil

Option Line Item 1001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2F328 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2F328 1 SOFSS DPA

AF NO MILSBILLS PROC CP

8508842962

212 LUKASIK AVE BLDG 90210

HURLBURT FIELD, FL 32544 5301

United States

OfficeCode:

Lisa Tkaczyk Telephone: 850-884-7605 Email: lisa.tkaczyk@us.af.mil

Option Line Item 2001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2F328 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2F328 1 SOFSS DPA

AF NO MILSBILLS PROC CP

8508842962

212 LUKASIK AVE BLDG 90210

HURLBURT FIELD, FL 32544 5301

United States

OfficeCode:

Lisa Tkaczyk Email: lisa.tkaczyk@us.af.mil Telephone: 850-884-7605

Option Line Item 3001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2F328 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2F328 1 SOFSS DPA

AF NO MILSBILLS PROC CP

8508842962

212 LUKASIK AVE BLDG 90210

HURLBURT FIELD, FL 32544 5301

United States

OfficeCode:

Lisa Tkaczyk Telephone: 850-884-7605 Email: lisa.tkaczyk@us.af.mil

Option Line Item 4001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2F328 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2F328 1 SOFSS DPA

AF NO MILSBILLS PROC CP

8508842962

212 LUKASIK AVE BLDG 90210

HURLBURT FIELD, FL 32544 5301

United States

OfficeCode:

Lisa Tkaczyk Telephone: 850-884-7605 Email: lisa.tkaczyk@us.af.mil

Deliveries or Performance

Contractor Destination

Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 SEP 2020

31 MAR 2021

7.0 Months

Ship To DoDAAC: F2F328 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2F328 1 SOFSS DPA

AF NO MILSBILLS PROC CP 8508842962

212 LUKASIK AVE BLDG 90210

HURLBURT FIELD, FL 32544 5301

United States

OfficeCode:

Lisa Tkaczyk Telephone: 850-884-7605 Email: lisa.tkaczyk@us.af.mil

Period of Performance From

01 SEP 2020

To

31 MAR 2021

Option Line Item 1001 Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 APR 2021

31 MAR 2022

12.0 Months

Ship To DoDAAC: F2F328 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2F328 1 SOFSS DPA

AF NO MILSBILLS PROC CP 8508842962

212 LUKASIK AVE BLDG 90210

HURLBURT FIELD, FL 32544 5301

United States

OfficeCode:

Lisa Tkaczyk Telephone: 850-884-7605 Email: lisa.tkaczyk@us.af.mil

Period of Performance From

01 APR 2021

To

31 MAR 2022

Option Line Item 2001

Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 APR 2022

31 MAR 2023

12.0 Months

Ship To DoDAAC: F2F328 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2F328 1 SOFSS DPA

AF NO MILSBILLS PROC CP 8508842962

212 LUKASIK AVE BLDG 90210

HURLBURT FIELD, FL 32544 5301

United States

OfficeCode:

Lisa Tkaczyk Telephone: 850-884-7605 Email: lisa.tkaczyk@us.af.mil

Period of Performance From

01 APR 2022

To

31 MAR 2023

Option Line Item 3001 Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 APR 2023

31 MAR 2024

12.0 Months

Ship To DoDAAC: F2F328 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2F328 1 SOFSS DPA

AF NO MILSBILLS PROC CP 8508842962

212 LUKASIK AVE BLDG 90210

HURLBURT FIELD, FL 32544 5301

United States

OfficeCode:

Lisa Tkaczyk Email: lisa.tkaczyk@us.af.mil Telephone: 850-884-7605

Period of Performance From

01 APR 2023

To

31 MAR 2024

Option Line Item 4001 Delivery Schedule Ship To Address

Ship To DoDAAC: F2F328 Cage:

DunsNumber:

Duns4Number:

Partial Delivery Schedule Delivery Period

01 APR 2024

31 MAR 2025

12.0 Months

CountryCode: USA

F2F328 1 SOFSS DPA

AF NO MILSBILLS PROC CP 8508842962

212 LUKASIK AVE BLDG 90210

HURLBURT FIELD, FL 32544 5301

United States

OfficeCode:

Lisa Tkacyzk Telephone: 850-884-7605 Email: lisa.tkaczyk@us.af.mil

Period of Performance From

01 APR 2024

To

31 MAR 2025

Contract Administration Data

ACRN Line of Accounting

AA 5703400 300 3021 3A4110 01 55901 28560F 387700 F87700

Amount USD 149,176.79

ACRN CLIN/SLIN CIN Amount

AA 0001 00000000000005694759 USD 149,176.79

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card. 2018-05

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

(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.

2 in 1

(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 item financing, submit a commercial item financing request.

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

(f) [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 F87700 Issue By DoDAAC FA4417 Admin DoDAAC FA4417 Inspect By DoDAAC ____ Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) F2F328 Service Acceptor (DoDAAC) F2F328 Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(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.

Not applicable

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

(End of clause)

Special Contract Requirements

Contract Clauses

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(AUG 2020)

(a) Definitions. As used in this clause-- Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet) Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-3 Gratuities. 1984-04 52.203-6 Alternate I Restrictions on Subcontractor Sales to the Government. - (Alternate I) 2006-09

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-16 Preventing Personal Conflicts of Interest. 2011-12

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

2014-04

52.204-2 Security Requirements. 1996-08 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

2018-07

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

52.212-5 Alternate I Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items. - (Alternate I)

2020-03

52.219-27 Deviation 2020-O0008 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (DEVIATION 2020-O0008)

2020-03

52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7000 Disclosure of Information 2016-10 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

2016-10

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

2016-05

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2019-04

252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06

FAR Clauses Incorporated by Full Text

52.212-4 Alternate I Contract Terms and Conditions-Commercial Items. - (Alternate I) 2018-10

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

CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)

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

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

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

. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a (b) Assignment bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.

C. 3727). However, when a third party makes payment ( use of the Governmentwide commercial purchase card), the Contractor may not assign e.g., its rights to receive payment under this contract.

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

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

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

. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable (f) Excusable delays control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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

Name and address of the Contractor;(i)

Invoice date and number;(ii)

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

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

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

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

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

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

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

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

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

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

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

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

. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, (h) Patent indemnity for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

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

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

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

. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the (4) Discount purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

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

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

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

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

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

Contractor point of contact.(D)

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

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

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

. The Contracting Officer will issue a final decision as required by 33.211 if-(iii) Final decisions

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

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

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

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

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

The date fixed under this contract.(A)

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

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

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

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

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

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

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

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

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

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

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

. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the (m) Termination for cause Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the (r) Compliance with laws unique to Government contracts.

use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.

S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

The schedule of supplies/services.(1)

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

The clause at 52.212-5.(3)

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

Solicitation provisions if this is a solicitation.(5)

Other paragraphs of this clause.(6)

The Standard Form 1449.(7)

Other documents, exhibits, and attachments.(8)

The specification.(9)

[Reserved](t)

Unauthorized Obligations. (u) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is (1) subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of clause)

(Jan 2017). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and Alternate I

(m) for those in the basic clause.

(a) (1) The Government has the right to inspect and test all materials furnished and services performed under this Inspection/Acceptance.

contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [____ Insert

]portion of labor rate attributable to profit.

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

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

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) "Materials" means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs ( , incidental services for which there is not a labor category specified in the contract, travel, computer e.g.

usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [____ Insert any subcontracts ]; andfor services to be excluded from the hourly rates prescribed in the schedule.

(E) Indirect costs specifically provided for in this clause.

(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) (1) The Government will pay the Contractor as follows upon the submission of commercial invoices approved by Payments. Work performed.

the Contracting Officer:

(i) .Hourly rate

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract.

Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

( If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime 1) rates shall be negotiated.

( ) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.2

( ) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the 3 overtime is approved by the Contracting Officer.

(ii) .Materials

(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-

( ) Quantities being acquired; and1

( ) Any modifications necessary because of contract requirements.2

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor…