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Combined Synopsis/Solicitation
(IAW FAR 12.603)
Solicitation Number: FA812623Q0016 FormLabs 3D Printer and FormLabs Sifter 5 year Premium Service Plan
This is a combined synopsis/solicitation for commercial items prepared in accordance with the formats in Subpart 12.6 and Subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
This solicitation is being issued as Request for Quote (RFQ) IAW FAR Part 13.
The Air Force Sustainment Center (AF SC/PZIMB) at Tinker Air Force Base Oklahoma, intends to award a Sole Source, Firm- Fixed-Price contract for the acquisition of the service listed below.
CLIN # Description Quantity Unit of I
Period of Performance 0001 FormLabs 3D Printer and FormLabs Sifter 5
Year Premium Service Plan 1 EA 1/3/2023 – 1/2/2028
“Notice to Vendor(s)/Supplier(s): The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse a vendor for any costs.”
Vendor is required to “wet” sign/date and fill in the vendor information, pricing on page 2, complete the CLIN Unit Pricing on page 3, answer the questions for; clause 52.209-11 on page 26, clause 52.204-24 on pages 24-25 and clause 52.204-26 on pages 25-26. Submit proof of technical evaluation criteria needed to fulfill this requirement. Please return 1 signed copy to the issuing office.
Quotation Submission Information:
Quotations are due by 16 Dec 2022, 2:00 PM, Tinker AFB OK Central Standard Time (CST). Contact the following individual for information regarding this solicitation:
NOTE: Emailed quotations are preferred Anthony C Dollard Contracting Officer Anthony.dollard@us.af.mil Phone: (405) 739-4810
EVALUATION OF RESPONSES:
Award will be conducted and evaluated under the provisions of FAR Part 12 Commercial Items and FAR Part 13, Simplified Acquisition Procedures.
The responsible vendors must be registered in the System for Award Management (SAM) database (available at:
https://sam.gov/content/home. Lack of registration in SAM will qualify the contractor as ineligible for award.
Contract award will be made to the vendor who is technically acceptable with the lowest evaluated price.
REQUISITION NUMBER:
F3YCEB2325A103
SOLICITATION NUMBER
FA812623Q0016
SOLICITATION ISSUE DATE:
5 Dec 2022
SOLICITATION DUE DATE:
16 Dec 2022
THIS ACQUISITION IS:
Full and Open Competition
100% Small Business Set Aside
Sole Source
SIZE STD:
$11M
FEDERAL SUPPLY CLASS:
J049
NAICS:
811310
DELIVERY:
SEE ITEM DESC
FOB DESTINATION X
FOB ORIGIN
DPAS RATING:
METHOD OF
SOLICITATION:
REQUEST FOR QUOTE
1. VENDOR INFORMATION
BUSINESS NAME:
STREET ADDRESS: CITY, STATE, ZIP:
CAGE CODE and DUNS:
BUSINESS WEB ADDRESS:
CONTACT PERSON:
TELEPHONE: FAX:
E-MAIL:
2. Pricing Information and Certification of Response
Total Proposed Unit Price: Proposed Delivery Date:
Vendor’s Authorized Representative's Signature Date
Type or Print Name Position or Title
Vendor is Required to fill-in pages mentioned on Page 1. Please “wet” sign page 2 of this solicitation, and return 1 copy to issuing office. Vendor 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 herein.
X
Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price
Amount
FormLabs Fuse 1 3D Printer and FormLabs Sifter 5 Year Premium Service Plan
(SN: SVC-FS1S-PRM-12R)
In accordance with the attached Performance Work Statement (PWS) and Equipment List
Product Service Code: J049 Pricing Arrangement: Firm Fixed Price
1 Each
FA812623Q0016
Description/Specifications/Statement of Work
Requirements FormLabs Fuse and Sift 5 year Premium Service Plan
Packaging and Marking
Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Contact Services Team
DoDAAC: F3YCEB CountryCode: USA
OC ALC OBC
AF BPN NO MILSBILLS PROCESSES
3001 STAFF DR DOOR G70 POST N68
TINKER AFB, OK 73145-3303
UNITED STATES
Services Team Email: OCALC.OBCB.ServicesSurveillance@us.af.mil
Deliveries or Performance
Overall Contract Delivery Period
Ship To Contractor Destination
Line Item Delivery Schedule QTY Address and POC
Period of Performance From 03 Jan 2022 To 02 Jan 2028
1 Each
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.242-15 Stop-Work Order. Aug 1989 52.247-34 F.o.b. Destination. Nov 1991
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) As used in this clause- Definitions.
"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
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) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.
in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(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.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(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.
2in1
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(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) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.
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 F03000
Issue By DoDAAC FA8126
Admin DoDAAC FA8126
Inspect By DoDAAC ____
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) F3YCEB
Service Acceptor (DoDAAC) FA8126
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(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.
ocalc.obcb.servicessurveillance@us.af.mil
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Special Contract Requirements
Contract Clauses
252.217-7028 Over and Above Work.
As prescribed in , use a clause substantially as follows: 217.7702
OVER AND ABOVE WORK (DEC 1991)
(a) As used in this clause-- Definitions.
(1) "Over and above work" means work discovered during the course of performing overhaul, maintenance, and repair efforts that is--
(i) Within the general scope of the contract;
(ii) Not covered by the line item(s) for the basic work under the contract; and
(iii) Necessary in order to satisfactorily complete the contract.
(2) "Work request" means a document prepared by the Contractor which describes over and above work being proposed.
(b) The Contractor and Administrative Contracting Officer shall mutually agree to procedures for Government administration and Contractor performance of over and above work requests. If the parties cannot agree upon the procedures, the Administrative Contracting Officer has the unilateral right to direct the over and above work procedures to be followed. These procedures shall, as a minimum, cover--
(1) The format, content, and submission of work requests by the Contractor. Work requests shall contain data on the type of discrepancy disclosed, the specific location of the discrepancy, and the estimated labor hours and material required to correct the discrepancy. Data shall be sufficient to satisfy contract requirements and obtain the authorization of the Contracting Officer to perform the proposed work;
(2) Government review, verification, and authorization of the work; and
(3) Proposal pricing, submission, negotiation, and definitization.
(c) Upon discovery of the need for over and above work, the Contractor shall prepare and furnish to the Government a work request in accordance with the agreed-to procedures.
(d) The Government shall--
(1) Promptly review the work request;
(2) Verify that the proposed work is required and not covered under the basic contract line item(s);
(3) Verify that the proposed corrective action is appropriate; and
(4) Authorize over and above work as necessary.
(e) The Contractor shall promptly submit to the Contracting Officer, a proposal for the over and above work. The Government and Contractor will then negotiate a settlement for the over and above work. Contract modifications will be executed to definitize all over and above work.
(f) Failure to agree on the price of over and above work shall be a dispute within the meaning of the Disputes clause of this contract.
(End of clause)
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2021 52.217-2 Cancellation Under Multi-year Contracts. Oct 1997 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-5 Alternate I Pollution Prevention and Right-to-Know Information. (Alternate I) May 2011 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013
FA812623Q0016
https://www.acquisition.gov/dfars/part-217-special-contracting-methods#DFARS_217.7702
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.253-1 Computer Generated Forms. Jan 1991
DFARS Clauses Incorporated by Reference
Number Title 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. Sep 2013 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2021
252.223-7008 Prohibition of Hexavalent Chromium. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. May 2022 252.232-7010 Levies on Contract Payments. Dec 2006
252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.
Apr 2020
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jun 2013 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.244-7000 Subcontracts for Commercial Items. Jan 2021
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services. Oct 2022
As prescribed in , insert the following clause:12.301(b)(4)
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (OCT 2022)
The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by (a) reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, (1) (JAN 2017) Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (2) Covered Entities (Section 1634 of Pub. L. 115-91).(NOV 2021)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (3) (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (NOV 2015)
52.233-3, Protest After Award (31 U.S.C. 3553).(5) (AUG 1996)
52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(6) (OCT 2004)
The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in (b) this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ .]Contracting Officer check as appropriate
52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. 2402).(1) (JUN 2020), Alternate I (NOV 2021)
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (NOV 2021)
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (3) (JUN 2010)
(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(4) (JUN 2020)
[Reserved].(5)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(6) (OCT 2016)
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(7) (OCT 2016)
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (8) (NOV
(31 U.S.C. 6101 note).2021)
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(9) (OCT 2018)
[Reserved].(10)
52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (15 U.S.C. 657a).(11) ( )OCT 2022
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (if the offeror elects to waive the (12) ( )OCT 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[Reserved](13)
(14) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-6.(ii) (MAR 2020)
(15) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-7.(ii) (MAR 2020)
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(16) ( )OCT 2022
(17) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(i) ( )OCT 2022
Alternate I of 52.219-9.(ii) (NOV 2016)
Alternate II of 52.219-9.(iii) (NOV 2016)
Alternate III of 52.219-9.(iv) (JUN 2020)
Alternate IV of 52.219-9.(v) (SEP 2021)
(18) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (MAR 2020)
Alternate I of 52.219-13.(ii) (MAR 2020)
52.219-14, Limitations on Subcontracting (15 U.S.C. 637s).(19) ( )OCT 2022
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(20) (SEP 2021)
52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (15 U.S.C. 657f).(21) ( )OCT 2022
(22) 52.219-28, Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).(i) ( )OCT 2022
Alternate I of 52.219-28.(ii) (MAR 2020)
52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (23) (OCT
(15 U.S.C. 637(m)).)2022
52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (24)
Small Business Program (15 U.S.C. 637(m)).( )OCT 2022
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(25) (MAR 2020)
52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(26) (SEP 2021)
52.222-3, Convict Labor (E.O.11755).(27) (JUN 2003)
52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126).(28) (JAN 2022)
52.222-21, Prohibition of Segregated Facilities .(29) (APR 2015)
(30) 52.222-26, Equal Opportunity (E.O.11246).(i) (SEP 2016)
Alternate I of 52.222-26.(ii) (FEB 1999)
(31) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (JUN 2020)
Alternate I of 52.222-35.(ii) (JUL 2014)
(32) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (JUN 2020)
Alternate I of 52.222-36.(ii) (JUL 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(33) JUN 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(34) (DEC 2010)
(35) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (NOV 2021)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (MAR 2015)
52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (36) (MAY 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(37) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not (i) applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(ii) (MAY 2008)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).(38)
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693).(39) (JUN 2016)
(40) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (E.O.s 13423 and 13514).(i) (JUN 2014)
Alternate I of 52.223-13.(ii) (OCT 2015)
(41) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O.s 13423 and 13514).(i) (JUN 2014)
Alternate I (Jun2014) of 52.223-14.(ii)
52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(42) (MAY 2020)
(43) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (E.O.s 13423 and 13514).(i) (OCT 2015)
Alternate I of 52.223-16.(ii) (JUN 2014)
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(44) (JUN 2020)
52.223-20, Aerosols (E.O. 13693).(45) (JUN 2016)
52.223-21, Foams (Jun2016) (E.O. 13693).(46)
(47) 52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)
Alternate I of 52.224-3.(ii) (JAN 2017)
(48) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(i) (OCT 2022)
Alternate I of 52.225-1.(ii) (OCT 2022)
(49) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 (i) (OCT 2022) note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
Alternate I of 52.225-3.(ii) ( 2021)JAN
Alternate II of 52.225-3.(iii) ( 2021)JAN
Alternate III of 52.225-3.(iv) ( 2021)JAN
Alternate IV (Oct 2022) of 52.225-3.(v)
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (OCT 2019) et seq
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (FEB 2021)
Assets Control of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52)
Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).(54)
52.229-12, Tax on Certain Foreign Procurements .(55) (FEB 2021)
52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 2307(56) (NOV 2021)
(f)).
52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 2307(f)).(57) (NOV 2021)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(58) (OCT2018)
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(59)
52.232-36, Payment by Third Party (31 U.S.C. 3332).(60) (MAY 2014)
52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(61) (AUG 1996)
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(62) (JAN 2017)
(63) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(i) (NOV 2021)
Alternate I of 52.247-64.(ii) (APR 2003)
Alternate II of 52.247-64.(iii) (NOV 2021)
The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has (c) indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ]Contracting Officer check as appropriate.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (AUG 2018)
52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (MAY 2014)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (AUG 2018)
(29 U.S.C. 206 and 41 U.S.C. chapter 67).
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4)
C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (5)
Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (MAY 2014)
(41 U.S.C. chapter 67).
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (JAN 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2022)
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
. The Contractor shall comply with the provisions of this paragraph (d) if this contract was (d) Comptroller General Examination of Record awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right (1) to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, (2) audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and (3) regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow (1) down any FAR clause, other than those in this paragraph in a subcontract for commercial products or commercial services. Unless otherwise (e)(1), indicated below, the extent of the flow down shall be as required by the clause-
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(i) (NOV 2021)
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division (ii) E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (iii) Covered Entities (Section 1634 of Pub. L. 115-91).(NOV 2021)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (iv) (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further (v) ( )OCT 2022 subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
52.222-21, Prohibition of Segregated Facilities .(vi) (APR 2015)
52.222-26, Equal Opportunity (E.O.11246).(vii) (SEP 2015)
52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(viii) (JUN 2020)
52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(ix) (JUN 2020)
52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(x) (JUN 2020)
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required (xi) (DEC 2010) in accordance with paragraph (f) of FAR clause 52.222-40.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(xii) (AUG 2018)
(xiii) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(A) (NOV 2021)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(B) (MAR 2015)
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or (xiv) Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (xv) (41 U.S.C. chapter 67).(MAY 2014)
52.222-54, Employment Eligibility Verification (E.O. 12989).(xvi) (MAY 2022)
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(xvii) (JAN 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(xviii) (JAN 2022)
(xix) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)
Alternate I of 52.224-3.(B) (JAN 2017)
52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of (xx) (OCT 2016) the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in (xxi) (JUN 2020) accordance with paragraph (e) of FAR clause 52.226-6.
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). (xxii) (NOV 2021) Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number (2) of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.222-42 Statement of Equivalent Rates for Federal Hires. May 2014
As prescribed in , insert the following clause:22.1006(b)
STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause 29 CFR Part 4 identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
23183 30.10 - 4.80
(End of clause)
52.252-2 Clauses Incorporated by Reference. Feb 1998
As prescribed in , insert the following clause:52.107(b)
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):
www.acquisition.gov [Insert one or more Internet addresses]____ ____
(End of clause)
52.252-6 Authorized Deviations in Clauses. Nov 2020
As prescribed in , insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized 52.107(f) deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.
AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is (a) indicated by the addition of "(DEVIATION)" after the date of the clause.
The use in this solicitation or contract of any [insert regulation name] (48 CFR ) clause with an authorized deviation is (b) DFARS Chapter 2 indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
Supplemental Clauses Incorporated by Full Text
5352.201-9101 AFSC-TINKER Ombudsman Oct 2019
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes.
The ombudsman may refer the interested party to another official who can resolve the concern.(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and /or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, (Primary)Ms. Mary Wade3001 Staff Dr. Ste 2AF 75 ATinker AFB, OK. 73145COMM: (405) 739-3900FAX:
(405) 736-3622mary.wade@us.af.milConcerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256- 2395, facsimile number (571) 256-2431.(d) The ombudsman has no authority to render a decision that binds the agency.(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.(End of clause)
5352.223-9001 Health and Safety on Government Installations Oct 2019
(a) In performing work under this contract on a Government installation, the contractor shall:(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and
(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.
(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.(End of clause)
5352.242-9000 Contractor Access to Air Force Installations Oct 2019
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver s license, current vehicle registration, valid vehicle insurance certificate, and <<1>> to obtain a vehicle pass.(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with <<2>> citing the appropriate paragraphs as applicable.(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.(f) Failure to comply with these requirements may result in withholding of final payment.(End of clause)
List of Attachments
Number Attachment Name
Attachment Description Reference Identifier
Date Line Item
PWS FormLabs and Sift 5 Tear Premium Service Plan
Performance Work Statement 14 Nov
02 Equipment List Equipment List 02 Dec
Wage Determination 2015-5315 Rev
Wage Determination 02 Dec
Representations, Certification, & Other Statements
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.204-7 System for Award Management. Oct 2018
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
May 2021
252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022
FAR Clauses Incorporated by Full Text
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Nov
As prescribed in , insert the following provision:4.2105(a)
REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
(NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
As used in this provision-(a) Definitions.
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain and substantial or essential component
Telecommunications and Video Surveillance Services or Equipment.
. (b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (1) 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. Nothing in the prohibition shall be construed to-
Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-(i) party, such as backhaul, roaming, or interconnection arrangements; or
Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or (ii) packets that such equipment transmits or otherwise handles.
Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the (2) 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. 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. Nothing in the prohibition shall be construed to-
Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-(i) party, such as backhaul, roaming, or interconnection arrangements; or
Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or (ii) packets that such equipment transmits or otherwise handles.
The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for (c) Procedures.
entities excluded from receiving federal awards for "covered telecommunications equipment or services".
The Offeror represents that-(d) Representation.
It will, will not provide covered telecommunications equipment or services to the Government in the performance of any (1) contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-(2)
It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures. Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the (1) representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
For covered equipment-(i)
The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, (A) and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, (B) manufacturer part number, or wholesaler number; and item description, as applicable); and
Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use (C) would be permissible under the prohibition in paragraph (b)(1) of this provision.
For covered services-(ii)
If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the (A) item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the (B) proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in (2) paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
For covered equipment-(i)
The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, (A) and whether the entity was the OEM or a distributor, if known);
A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, (B) manufacturer part number, or wholesaler number; and item description, as applicable); and
Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use (C) would be permissible under the prohibition in paragraph (b)(2) of this provision.
For covered services-(ii)
If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the (A) item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered (B) telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-26 Covered Telecommunications Equipment or Services-Representation. Oct 2020
As prescribed in , insert the following provision:4.2105(c)
COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)
As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning (a) Definitions.
provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for (b) Procedures.
entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c)
The Offeror represents that it does, does not provide covered telecommunications equipment or services as a part of its (1) Representation.
offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it does, does not use covered (2) telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. Feb 2016
As prescribed in , insert the following provision:9.104-7(d)
REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY
FEDERAL LAW (FEB 2016)
As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), (a) and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-
Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative…
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