CSS - Solicitation - FA812620Q0073.pdf

Combined Synopsis/Solicitation

(IAW FAR 12.603)

Solicitation Number: FA8126-20-Q-0073

Midex X-Ray Spectrometer

This is a combined synopsis/solicitation for commercial services 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 (AFSC/PZIMB) at Tinker Air Force Base Oklahoma, intends to award a Sole Source, Firm-

Fixed-Price contract for the acquisition of services listed below. The contract will be issued for one (1) base year and four

(4) one-year options. All responsible sources may submit a capability statement and quotation, which shall be considered by the agency. Please see attached Performance Work Statement for details.

CLIN # Service Description Quantity Unit of

Issue Period of Performance

Base Year - Preventive Maintenance for

Midex X-Ray Spectrometer in accordance with (IAW) the Performance Work

Statement

Statement (PWS).

1 Lot 10 Sep 2020 – 09 Sep 2021

Option Year I - Preventive Maintenance for

Midex X-Ray Spectrometer in accordance with (IAW) the Performance Work

Statement

1 Lot 10 Sep 2021 – 09 Sep 2022

Option Year II - Preventive Maintenance for Midex X-Ray Spectrometer in accordance with (IAW) the Performance

Work Statement

1 Lot 10 Sep 2022 – 09 Sep 2023

Option Year III - Preventive Maintenance for Midex X-Ray Spectrometer in accordance with (IAW) the Performance

Work Statement

1 Lot 10 Sep 2023 – 09 Sep 2024

Option Year IV - Preventive Maintenance for Midex X-Ray Spectrometer in accordance with (IAW) the Performance

Work Statement

1 Lot 10 Sep 2024 – 09 Sep 2025

“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 and pricing on page 2, complete the CLIN Unit Pricing on page 3 and 4, the Tax Clause on page 27, the Clause on page 38-39 (depending on the answer to clause 52.204-24 you may need to answer 52.204-26 on page 40. Please return 1 signed copy to the issuing office. Contractor agrees to provide all services set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Contractor is required to provide commercial product literature for all items quoted showing that they are authorized by the OEM to provide this service.

VENDOR SHOULD PROVIDE A COMPANY QUOTATION SHEET IN CONJUNCTION WITH THIS RESPONSE

PAGE. The quotation sheet must provide adequate documentation showing that the services being quoted meets the specifications listed in the Performance of Work in order to be considered for award.

Quotation Submission Information:

Quotations are due by 07 September 2020, 1:00 PM, Tinker AFB OK Central Daylight Time (CDT). Contact the following individual for information regarding this solicitation:

NOTE: Emailed quotations are preferred

Jocelyn Johnson

Contracting Officer jocelyn.johnson.2@us.af.mil

Phone: (405) 734-5587

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://www.sam.gov/portal/public/SAM/). Lack of registration in SAM will qualify the contractor as ineligible for award.

https://www.sam.gov/portal/public/SAM/)

REQUISITION NUMBER:

F3YCEB0234A103

SOLICITATION NUMBER

FA8126-20-Q-0073

SOLICITATION ISSUE DATE:

01 September 2020

SOLICITATION DUE DATE:

07 September 2020

THIS ACQUISITION IS:

Full and Open Competition

100% Small Business Set

Aside

Sole Source X

SIZE STD:

$22.0M

PRODUCT SERVICE CODE:

J066

NAICS:

811219

DELIVERY:

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 2, 3, 4, 27, and 38-39, and“wet” sign page 2 of this solicitation, and return 1 copy to issuing office. Vendor agrees to provide services set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

FA812620Q0073

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Base Year Preventive Maintenance for the Midex X-Ray Spectrometer (Serial Number 4S0047) The Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (1) Preventive Maintenance (PM) annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

Product Service Code: J066 Firm Fixed Price

CIN: F3YCEB0234A1030000AA

1 Lot

Option Line Item

Option Year I - Preventive Maintenance for the Midex X-Ray Spectrometer (Serial Number 4S0047) The Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (1) Preventive Maintenance (PM) annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

Product Service Code: J066 Firm Fixed Price

1 Lot

Option Line Item

Option Year II - Preventive Maintenance for the Midex X-Ray Spectrometer (Serial Number 4S0047) The Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (1) Preventive Maintenance (PM) annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

Product Service Code: J066 Firm Fixed Price

1 Lot

Option Line Item

Option Year III - Preventive Maintenance for the Midex X-Ray Spectrometer (Serial Number 4S0047) The Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (1) Preventive Maintenance (PM) annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

Product Service Code: J066 Firm Fixed Price

1 Lot

Option Line Item

Option Year IV - Preventive Maintenance for the Midex X-Ray Spectrometer (Serial Number 4S0047) The Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (1) Preventive Maintenance (PM) annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

Product Service Code: J066 Firm Fixed Price

1 Lot

Description/Specifications/Statement of Work

Requirements Midex X-Ray Spectrometer - Preventative Maintenance

Packaging and Marking

Inspection and Acceptance

0001 Inspection and Acceptance Location Both Destination Instructions: Contact POC

DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145 3303

UNITED STATES

OfficeCode:

Michael McKenzie Telephone: 405-736-5592 Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil

Option Line Item 1001 Inspection and Acceptance Location Both Destination Instructions: Contact POC

DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145 3303

UNITED STATES

OfficeCode:

Michael McKenzie Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil Telephone: 405-736-5592

Option Line Item 2001 Inspection and Acceptance Location Both Destination Instructions: Contact POC

DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145 3303

UNITED STATES

OfficeCode:

Michael McKenzie Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil Telephone: 405-736-5592

Option Line Item 3001 Inspection and Acceptance Location Both Destination Instructions: Contact POC

DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145 3303

UNITED STATES

OfficeCode:

Michael McKenzie Telephone: 405-736-5592 Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil

Option Line Item 4001 Inspection and Acceptance Location Both Destination Instructions: Contact POC

DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145 3303

UNITED STATES

OfficeCode:

Michael McKenzie Telephone: 405-736-5592 Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil

Deliveries or Performance

Contractor Destination

Delivery Schedule Ship To Address

Delivery Period

10 SEP 2020

09 SEP 2021

1 Lot

Place of Performance DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145 3303

UNITED STATES

OfficeCode:

Michael McKenzie Telephone: 405-736-5592 Email: OCALC.OBCB.ServicesSurveillanc@us.af.

mil

Period of Performance From

10 SEP 2020

To

09 SEP 2021

Option Line Item 1001 Delivery Schedule Ship To Address

Delivery Period

10 SEP 2021

09 SEP 2022

1 Lot

Place of Performance DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145 3303

UNITED STATES

OfficeCode:

Michael McKenzie Telephone: 405-736-5592 Email: OCALC.OBCB.ServicesSurveillanc@us.af.

mil

Period of Performance From

10 SEP 2021

To

09 SEP 2022

Option Line Item 2001 Delivery Schedule Ship To Address

Delivery Period

10 SEP 2022

09 SEP 2023

1 Lot

Place of Performance DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145 3303

UNITED STATES

OfficeCode:

Michael McKenzie Telephone: 405-736-5592 Email: OCALC.OBCB.ServicesSurveillanc@us.af.

mil

Period of Performance From

10 SEP 2022

To

09 SEP 2023

Option Line Item 3001 Delivery Schedule Ship To Address

Delivery Period

10 SEP 2023

09 SEP 2024

1 Lot

Place of Performance DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145 3303

UNITED STATES

OfficeCode:

Michael McKenzie Telephone: 405-736-5592 Email: OCALC.OBCB.ServicesSurveillanc@us.af.

mil

Period of Performance From

10 SEP 2023

To

09 SEP 2024

Option Line Item 4001 Delivery Schedule Ship To Address

Delivery Period

10 SEP 2024

09 SEP 2025

1 Lot

Place of Performance DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145 3303

UNITED STATES

OfficeCode:

Michael McKenzie Telephone: 405-736-5592 Email: OCALC.OBCB.ServicesSurveillanc@us.af.

mil

Period of Performance From

10 SEP 2024

To

09 SEP 2025

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.242-15 Stop-Work Order. 1989-08 52.247-34 F.o.b. Destination. 1991-11

Contract Administration Data

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

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) 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.

405-734-5587

(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

52.204-7 System for Award Management.

As prescribed in 4.1105(a)(1), use the following provision:

System for Award Management (Oct 2018)

(a) Definitions. As used in this provision-- "Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that-

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active". Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.

gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.t

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.

gov for information on registration.

(End of provision)

52.212-2 Evaluation-Commercial Items (Oct 2014)

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

(LPTA) [Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.] Technical and past performance, when combined, are EQUAL [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

52.212-4 Contract Terms and Conditions-Commercial Items.

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

Contract Terms and Conditions-Commercial Items (Oct 2018)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, 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.

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

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

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

(i) Payment.-

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.

C.3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

b. destination.

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.

C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of clause)

252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law.

See Class Deviation 2012-O0004, Prohibition Against Contracting With Corporations That Have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law, dated January 23, 2012. Contracting officers shall include this provision in all solicitations that will use funds made available by Division A of the Consolidated Appropriations Act, 2012, including solicitations for acquisition of commercial items under FAR part 12, and shall apply the restrictions included in the deviation. This deviation is effective beginning January 23, 2012, and remains in effect until incorporated in the FAR or DFARS or otherwise rescinded.

52.204-16 Commercial and Government Entity Code Reporting. 2016-07 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.212-1 Instructions to Offerors-Commercial Items. 2018-10 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7005 Representation Relating to Compensation of Former DoD Officials. As prescribed in 203.171-4 (b), insert the following provision: 2011-11 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12 252.243-7001 Pricing of Contract Modifications. 1991-12 252.244-7000 Subcontracts for Commercial Items 2013-06 52.222-41 Service Contract Labor Standards. Aug 2018 52.222-55 Minimum Wages Under Executive Order 13658. Dec 2015 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. DEC 2019

252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation.

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

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION

(DEC 2019)

(a) Definitions. As used in this provision, "covered defense telecommunications equipment or services" has the meaning provided in the clause 252.204-7018 , Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov/) for entities excluded from receiving federal awards for "covered defense telecommunications equipment or services".

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-- Representation.

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

PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES--REPRESENTATION (DEC 2019)

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

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

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

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

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

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

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

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

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

(b) of this provision.

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

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

(End of provision)

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

As prescribed in 204.2105 (c), use the following clause:

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES (DEC 2019)

Definitions. As used in this clause-- "Covered defense 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) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Covered foreign country" means--

(1) The People's Republic of China; or

(2) The Russian Federation.

"Covered missions" means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

"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).

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

(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104 .

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

(d) Reporting.

(1) In the event the Contractor identifies covered defense 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, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.

(2) The…