DRAFT RFP M67004-20-R-0007.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA

FAR (48 CFR) 53.214(c)

1 43

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

M67004 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

Building 3700 Suite 240 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

FELECITY BURNS 229-639-6783

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 5

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

6 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

8 - 9 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 10 - 14

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 15 - 16 M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

17 - 35

PART II - CO NTRACT CLAUSES

CONTRACTS DEPARTMENT CODE S1930

FELECITY BURNS

814 RADFORD BLVD., STE 20270

MCLC

ALBANY GA 31704-1128

229-639-6783

229-639-6793FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

02 Jun 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

M6700420R0007

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Job Phase-InFFP

Contract transition phase-in activities shall be In accordance with (IAW)

Attachment 1 - Performance Work Statement (PWS) paragraph 4.8 Transition

Period.

Remanufacture, Overhaul or Repair (ROR), Teardown & Evaluation (TD&E) and

Over & Above (O&A) contract requirements are NOT included in CLIN 0001.

Transition Phase-in Period of Performance: Authorization To Proceed (ATP) or

10 May 2021 – 31 May 2021. (The Transition Phase-in period is not included in the 5-year ordering period.)

TO DFAS AND THE CONTRACTOR: Multiple shipments and multiple payments are authorized for all CLINs.

FOB: Destination

PSC CD: R706

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Job Integrator ROR ServicesFFP

Perform logistics consulting services as the single Integrator managing and operating the remanufacture, overhaul, or repair (ROR) and tear down & evaluate

(TD&E) repair process for Logistics Integrated Support (LIS) Secondary

Repairable (SECREP) customers in accordance with Attachment 1 - Performance

Work Statement (PWS) subparagraph 1.5.

Each Task Order issued under CLIN 0002 is governed by the base Indefinite

Quanity Contract (IQC) terms and conditions.

TO DFAS AND THE CONTRACTOR: Multiple shipments and multiple payments are authorized for all CLINs.

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Job Integrator O&A ServicesFFP

Perform logistics consulting services as the single Integrator managing and operating the over and above (O&A) repair process for Logistics Integrated

Support (LIS) Secondary Repairable (SECREP) customers in accordance with

Attachment 1 - Performance Work Statement (PWS) subparagraph 5.3. The price of each O&A job will be negotiated before any O&A job commence under CLIN

0003 IAW DFARS clause 252.217-7028 entitled "Over and Above Work".

Each Task Order issued under CLIN 0003 is governed by the base IDC terms and conditions.

TO DFAS AND THE CONTRACTOR: Multiple shipments and multiple payments are authorized for all CLINs.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED

Exhibit A - DataFFP

Contract Data Requirements Lists (CDRLs) applicable to CLINs 0001-0003 and

CLINs 0005 0006 if options are exercised. Data requirement period of performance (PoP) is in accordance with the applicable CLIN.

See Exhibit A

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Job OPTION OPTION - Extend ROR SevicesFFP

Option to extend CLIN 0002 services in accordance with contract 52.217-8 entitled "Option to Extend Services".

TO DFAS AND THE CONTRACTOR: Multiple shipments and multiple payments are authorized for all CLINs.

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Job OPTION OPTION - Extend O&A ServicesFFP

Option to extend CLIN 0003 services in accordance with contract 52.217-8 entitled "Option to Extend Services".

TO DFAS AND THE CONTRACTOR: Multiple shipments and multiple payments are authorized for all CLINs.

Section C - Descriptions and Specifications

LOGCOM STANDARD LANGUAGE

TERMS AND CONDITIONS

In accordance with Attachment 1 - Performance Work Statement (PWS).

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Origin Government

0002 Origin Government Origin Government

0003 Origin Government Origin Government

0004 N/A N/A N/A N/A

0005 Origin Government Origin Government

0006 Origin Government Origin Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

F-1 DELIVERY INFORMATION

1.1 Period of Performance: The period of performance includes a three (3) week transition period, a five (5) year base ordering period and a six (6) month optional ordering period to extend services.

CLIN 0001 (Transition- Phase-In Period) – Authorization to Proceed (ATP) – 31 May 2021

CLIN 0002 (ROR Support Services) – 1 June 2021 – 31 May 2026

CLIN 0003 (O&A Support Services) – 1 June 2021 – 31 May 2026

CLIN 0004 (CDRLs) – ATP – 31 May 2026 (include Options if exercised)

CLIN 0005 (Option to Extend Services: ROR Support) – starting 1 June 2026 up to 6 months max.

CLIN 0006 (Option to Extend Services: O&A Support) – starting 1 June 2026 up to 6 months max.

1.2 Place of Performance: The contractor is required to conduct exchanges at the following six locations both

CONUS and OCONUS: Camp Pendleton, California; Barstow, California; Camp Lejeune, North Carolina; Albany, Georgia (induction point for Wholesale (MPB), Blount Island Command (BIC) and MARFORRES); KMCAS, Kaneohe, Hawaii, and Okinawa, Japan. The contract includes all clauses and instructions for Defense Contractors performing outside the United States. The contract specifically addresses the bi-lateral Status of Forces Agreement

(SOFA) and contract clauses for contract performance within the country of Japan/Okinawa. Specific guidance for the Combatant Commander (Indo-Pacific Command) in whose area the contractor will be performing services, including prevailing regulations, policies, requirements, host nation laws, orders/fragmentary orders, combatant commander’s directives, unique clauses, and other considerations are either referenced or included in the contract.

1.3 Exchange Locations: The contractor is required to conduct exchanges at the following 6 locations:

1. Camp Pendleton, California: MMFAG8

2. Camp Lejeune, North Carolina: MMFAF5

3. Okinawa: MMFAF7

4. Albany, Georgia: MMFAK9, MMFAX1, M98573 (MPB), MMFAU1 (BIC)

5. Barstow, California: M93636

6. KMCAS, Kaneohe, Hawaii, MMFAG2

While these exchanges will normally be conducted during normal working hours, there may be times when site representatives may be called in to support contingencies.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 10-MAY-2021 TO

31-MAY-2021

N/A N/A

0002 POP 01-JUN-2021 TO

31-MAY-2026

0003 POP 01-JUN-2021 TO

0004 N/A N/A N/A N/A

0005 POP 01-JUN-2026 TO

30-NOV-2026

0006 POP 01-JUN-2021 TO

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

52.247-34 F.O.B. Destination NOV 1991

52.247-52 Clearance and Documentation Requirements-Shipments to

DOD Air or Water Terminal Transshipment Points

FEB 2006

Section G - Contract Administration Data

G- 1 ADDRESS OF ACO AND PCO

(a) After award, all inquiries and correspondence relative to administration of this contract shall be directed to the

Administrative Contracting Officer cited in Block 24 of Standard Form 33 or Block 6 of Standard Form 26 with a copy to the address shown in (b).

(b) Upon award, address of the Procuring Contracting Officer will be as follows:

CONTRACTS DEPARTMENT

ATTN: KIMBERLY DANDRIDGE (LSMC)

814 RADFORD BLVD, STE 20270

MARINE CORPS LOGISTICS COMMAND

ALBANY, GEORGIA 31704-1128

G-2 THE ACCOUNTING AND APPROPRIATION DATE WILL BE CITED AT CONTRACT AWARD.

G-3 TECHNICAL DIRECTION: ROR services shall be initiated by the Contractor upon receipt of technical direction from the Contracting Officer’s Representative (COR)/Contracting Officer’s Technical Representative

(COTR). The COR/COTR technical direction will be provided using the ZBE format (Appendix 8 of PWS). Each

ZBE will be tied to the contract and the associated Contract Line Item Number (CLIN). The ZBE will be sent from the COR/COTR via facsimile, mail or electronic commerce (typically email) and will contain the following information, if applicable, consistent with the terms of the contract:

a. Document Number (containing the RUC and Julian date)

b. National Stock Number

c. Quantity (always 1)

During the period of performance specified in the contract, the Contractor shall accept items listed on the NSN

Detail list (Attachment 2) for ROR from government personnel authorized to turn in equipment, as long as the total expected ROR price of that item, plus the previous ROR, TD&E or approved O&A price do not exceed the overall value remaining on that Contract/CLIN. The Contractor shall not accept items for ROR which are (1) not explicitly on contract, (2) that would result in a total Contract/CLIN value in excess of the remaining funds available on the associated CLIN, or (3) that are initiated outside the period of performance. When the Contractor expects total funding expended for a particular CLIN to reach 85 percent of the total funds available on that CLIN the Contractor shall notify the Contracting Officer and the COR and any other Government official identified by the Contracting

Officer. The Contractor shall not exceed or incur price that exceed the amount of funding stated on each CLIN.

Once either the period of performance or order value of a CLIN is reached no further work shall be accepted, completed, or billed under that CLIN until additional funds are applied to that CLIN via contract modification.

Any remaining CLIN value shall revert back to the Government to be applied to future performance periods until the ceiling amount of $495,000,000 is reached. The funding will be deobligated via bilateral modification to the contract.

G-4 BILLING INFORMATION: When an invoice is submitted to WAWF the Contractor shall submit, as an attachment in WAWF, a list of all completed ROR, TD&E and approved O&A charges by individual item referencing the “Contractor’s transaction identification number” and the Government’s document number as supporting documentation for the Government.

G-5 NEW AND REPLACEMENT ITEMS: The scope of this contract covers Marine Corps Ground Equipment

Secondary Reparable items. When new items are fielded by the Marine Corps to replace similar items currently included in this contract, those replacement items shall be considered within the scope of this contract. When new

Marine Corps Ground Equipment SECREP items of a type included on this contract other than replacements for items currently included in this contract require ROR, the contracting officer will make a determination as to whether the items are within the original scope of this contract based on their similarity to existing items in type, purpose, estimated ROR price, and complexity. New or replacement items will be added to the contract in accordance with sections 5.8 and 5.9. Identified in the NSN Detail Listing (Attachment 2) are those NSNs that require OEM as the source of repair; approval must be obtained from the contracting officer prior to using another source. Additional requirements for each line item are listed on the NSN Detail Listing.

G-6 ADDITION OF ITEMS TO THE CONTRACT: When an item not currently listed in the NSN list

(Attachment 2) requires ROR, the Contracting Officer shall negotiate a bilateral modification to the contract to add the additional SECREP item IAW the changes clause (52.243-1). The Contractor shall comply with all applicable contract clauses, including contract clause 52.215-21 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data-Modifications: Alternate III, for each modification expected to result in a unit price totaling in excess of $750,000 the Contractor shall include information (other than cost or pricing data) necessary to determine whether prices are fair and reasonable. This information shall consist of three competitively obtained quotes from different subcontractors, or proof of commercial sales of the same item at the same or higher price in a competitive marketplace within the past year, or a statement of the reason neither of the previous two could be obtained and the Contractor’s opinion based on market research as to how the quoted price is determined to be fair and reasonable IAW FAR 15.404-1(b); and any additional burden or overhead and profit (as a percentage or dollar value) resulting in the total proposed price.

G-7 IMPLEMENTATION OF DFARS 252.217-7028: Standard Over and Above (O&A) work is considered to include only actual parts and materials costs. No labor for providing quotes or researching, obtaining and installing parts or integrator indirect costs such as overhead, G&A, etc., shall be included as O&A charges. In those instances where the customer requests special packaging it is treated like any other O&A charge in that it will include a fixed price amount from the 3rd party vendor and will not include any prime Contractor/integrator labor or indirect costs.

This Section sets forth the procedures specified in DFARS PGI 217-7701 and DFARS Clause 252.217-7028 paragraph (b) for Standard O&A work. The need for Over and Above work shall be identified within 30 days of item turn in. When the Contractor discovers that Over and Above work, as defined in the subject clause and elsewhere in the contract, is required to return an item to the specified condition, the Contractor shall, within 5 working days, submit to the Contracting Officer’s Representative (COR) an Over and Above work request with supporting photos as necessary, in the format specified (Appendix 6 of PWS), and including the following other than cost or pricing information authorized by FAR Clause 52.215-21 Requirements for Cost or Pricing Data or

Information Other Than Cost or Pricing Data-Modifications (Alternate III). For each work request totaling in excess of $750,000 the Contractor shall include information (other than cost or pricing data) necessary to determine whether material prices are fair and reasonable. This information shall consist of three competitively obtained quotes from different subcontractors, or proof of commercial sales of the same item at the same price in a competitive marketplace within the past year, or evidence that prices were obtained from a current published commercial catalogue, or a statement of the reason none of the previous could be obtained and the Contractor’s opinion based on market research as to how the quoted price is determined to be fair and reasonable IAW FAR 15.404-1(b). The Over and Above work request shall also include a proposed new TAT, consisting of the estimated time to obtain and install the parts, complete any other work specified by the contract, and to return the item to its originating location.

Where a digital image aids in the determination of the justification of the parts it should be included in the Over and above work request. Upon approval of the O&A work request by the contracting officer, the price and TAT are fixed and contractually binding. If the Contractor believes that an item is Beyond Economical Repair (BER) or

Beyond Physical Repair (BPR) the O&A work request will state as much and provide justification. When O&A work is required, the Contractor will cease any ROR action and obtain authorization to proceed from the government contracting officer.

G-8 GOVERNMENT FURNISHED MATERIAL (GFM)

Requisitions for Government Furnished Material from the supply system which are requisitioned by a Contractor, or are to be shipped to a Contractor must be submitted to the Management Control Activity (MCA) specified below:

Address: Commanding General (Code 581.1B)

Management Control Activity (MCA)

814 Radford Blvd

MCLC Albany, GA 31704-1128

Phone: Commercial: (229) 639-8156

DSN: 567-8156

G-9 IMPLEMENTATION OF FAR CLAUSE 52.216-18: Issuance of individual task orders (TOs) will be issued by geographical location/customer to provide funding for effort performed under CLINs 0002 and 0003

(0005 and 0006 if exercised).

G-10 IMPLEMENTATION OF FAR CLAUSE 52.204-15: Provide the COR written verification of annual FAIR

Act reporting IAW FAR clause 52.204-15 within 30 days of SAM submission.

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

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

“Document type” means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

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

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of

Payment Requests and Receiving Reports.

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

7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data

Interchange, or File Transfer Protocol.

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

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

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

COMBO

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

(ii) For fixed price line items—

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

Officer.

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

Contracting Officer.

(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.

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC M67443

Issue By DoDAAC M67004

Admin DoDAAC** M67004

Inspect By DoDAAC To Be Identified At Contract Award

Ship To Code To Be Identified At Contract Award

Ship From Code Not Applicable

Mark For Code Not Applicable

Service Approver (DoDAAC) Not Applicable

Service Acceptor (DoDAAC) To Be Identified At Contract Award

Accept at Other DoDAAC Not Applicable

LPO DoDAAC Not Applicable

DCAA Auditor DoDAAC Not Applicable

Other DoDAAC(s) Not Applicable

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition

Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact. FELECITY N. BURNS Phone: 229.639-6783 felecity.burns@usmc.mil

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s

WAWF point of contact.

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

(End of clause) mailto:felecity.burns@usmc.mil

Section H - Special Contract Requirements

H-1 CONTRACTOR PERSONNEL IDENTITY AND PROCUREMENT SENSITIVE RESPONSIBILITIES

a. The Marine Corps Logistics Base Albany Ga (MCLBA) Pass and ID Office, Building 3010, is responsible for issuing badges and Common Access Cards (CAC) to all contractor and subcontractor employees in need of access or performing work on the installation. The information required to be submitted by the contractor will be determined by the governing regulations and policies at the time of the contractor’s request. Access to other installations will be processed through the LIS SECREP PMO Trusted Agent (TA).

b. There will be instances in which contractor employees will only be issued the CAC. When this occurs and in addition to the CAC, the contractor will ensure that all contractor employees display a contractor badge with their name and their company name on their person while on board the installation or on official duty elsewhere.

c. When communicating (telephone, email, meetings, etc.) with Government personnel, contractor employees must first identify themselves as contractor employees.

d. When conducting any form of communication with Government personnel, contractor employees must immediately excuse themselves if procurement sensitive or similar information inappropriately enters the discussion in their presence.

H-2 APPOINTMENT OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(a) The Contracting Officer hereby appoints the following individual as the COR for this contract:

Name: To be provided at award

Address: To be provided at award

Commercial No: To be provided at award

FAX No: To be provided at award

E-Mail: To be provided at award

H-3 WARRANTY

The Integrator shall, in accordance with standard commercial warranty practices, warrant all RORs to perform to

OEM specifications for the period specified in the NSN Detail Listing (including specific storage and/or operational warranties). In the event that an item fails to conform to OEM specifications during the warranty period or is turned in for ROR, the contractor shall identify that the item is under warranty and return the SECREP to OEM specifications within the originally specified TAT at no cost to the government except the contractor may use ATAC shipping to and from OCONUS locations. If the contractor determines that the warranty is fully or partially voided, he shall submit a Warranty Resolution Report (WRR) and O&A proposal (if the cost exceeds the contract FFP) for the required work to return the SECREP to OEM specifications including shipping as required. Work will immediately commence for any WRR submitted with the status of "Accepted" for the warranty.

Any WRR submitted with "Denied" and has money associated with the repair will require a written response stating

Government acceptance. No repairs will be made until such acceptance and approval are provided.

Contractor shall provide a Warranty Resolution Report (WRR) via a mutually agreed format that contains at a minimum the following information:

REQUIRED INFORMATION ITEM DESCRIPTION

GOVT REQUISITION NUMBER GOVT DOCUMENT NUMBER FROM RIP/CUSTOMER

NSN NSN OF SECREP BEING WARRANTED

NOMENCLATURE NOMENCLATURE OF SECREP BEING WARRANTED

SERIAL NUMBER SERIAL NUMBER OF SECREP BEING WARRANTED

Contract/CLIN# CURRENT CLIN FOR DOCUMENT NUMBER

ACCEPTED OR DENIED ACCEPTED OR DENIED

DISCREPANCY DESCRIPTION OF ORIGINAL FAULT

ACTION TAKEN

DESCRIPTION OF WHAT WORK WAS PERFORMED TO

VALIDATE WARRANTY CLAIM

WARRANTY DENIAL

JUSTIFICATION

EXPLANATION ON WHY WARRANTY WAS DENIED

NEW WARRANTY YES OR NO

NEW WARRANTY DATE DATE NEW WARRANTY EXPIRES

TOTAL COST

TOTAL COST TO REPAIR IF WARRANTY DENIED AND HAVE

AN O&A PROPOSAL IF COST EXCEEDS FFP

A sample WRR is included as Appendix 7 to the PWS.

Section I - Contract Clauses

52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

I-1 EXCESS GOVERNMENT FURNISHED MATERIAL (GFM)

Within 10 days after final delivery, the contractor shall notify the Procuring Contracting Officer (PCO) of any excess Government furnished property and will retain the excess quantity pending disposition instructions from the PCO.

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015

52.204-2 Security Requirements AUG 1996

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities.

JUL 2018

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

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

AUG 2019

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.210-1 Market Research APR 2011

52.211-5 Material Requirements AUG 2000

52.211-15 Defense Priority And Allocation Requirements APR 2008

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010

52.215-14 Integrity of Unit Prices OCT 2010

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.215-21 Alt III Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

(Oct 2010) - Alternate III

OCT 1997

52.216-7 Allowable Cost And Payment AUG 2018

52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

MAR 2020

52.219-8 Utilization of Small Business Concerns OCT 2018

52.219-9 Alt II Small Business Subcontracting Plan (MAR 2020) Alternate II NOV 2016

52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999

52.219-28 Post-Award Small Business Program Rerepresentation MAY 2020

52.222-1 Notice To The Government Of Labor Disputes FEB 1997

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999

52.222-25 Affirmative Action Compliance APR 1984

52.222-26 Equal Opportunity SEP 2016

52.222-29 Notification Of Visa Denial APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018

52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option

Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons JAN 2019

52.222-54 Employment Eligibility Verification OCT 2015

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.229-3 Federal, State And Local Taxes FEB 2013

52.230-2 Cost Accounting Standards OCT 2015

52.230-6 Administration of Cost Accounting Standards JUN 2010

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-17 Interest MAY 2014

52.232-18 Availability Of Funds APR 1984

52.232-23 Assignment Of Claims MAY 2014

52.232-25 Prompt Payment JAN 2017

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes MAY 2014

52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes--Fixed Price AUG 1987

52.243-1 Alt II Changes--Fixed-Price (Aug 1987) - Alternate II APR 1984

52.244-6 Subcontracts for Commercial Items AUG 2019

52.245-1 Government Property JAN 2017

52.245-9 Use And Charges APR 2012

52.246-23 Limitation Of Liability FEB 1997

52.246-25 Limitation Of Liability--Services FEB 1997

52.247-63 Preference For U.S. Flag Air Carriers JUN 2003

52.247-64 Preference for Privately Owned U.S. - Flag Commercial

Vessels

FEB 2006

52.247-66 Returnable Cylinders MAY 1994

52.248-1 Value Engineering OCT 2010

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

52.251-1 Government Supply Sources APR 2012

52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7006 Billing Instructions OCT 2005

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

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.217-7028 Over And Above Work DEC 1991

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award

MAY 2019

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7013 Duty-Free Entry--Basic APR 2020

252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011

252.225-7021 Trade Agreements--Basic SEP 2019

252.225-7041 Correspondence in English JUN 1997

252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

APR 2019

252.227-7013 Alt II Rights in Technical Data--Noncommercial Items (FEB 2014)

Alternate II

MAR 2011

252.227-7016 Rights in Bid or Proposal Information JAN 2011

252.227-7030 Technical Data--Withholding Of Payment MAR 2000

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7007 Limitation Of Government's Obligation APR 2014

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.245-7003 Contractor Property Management System Administration APR 2012

252.245-7004 Reporting, Reutilization, and Disposal DEC 2017

252.246-7003 Notification of Potential Safety Issues JUN 2013

252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment

To The Cost Bearer

JUN 2013

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (APR 2014)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https://assist.dla.mil/online/start/);

(2) Quick Search (http://quicksearch.dla.mil/);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point

(DoDSSP) by--https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations

System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00 (insert dollar figure or quantity), the Government is not obligated to purchase, nor is the

Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of ___N/A____ (insert dollar figure or quantity);

(2) Any order for a combination of items in excess of $450,000,000.00 (insert dollar figure or quantity); or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 60 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

https://assist.dla.mil/wizard/index.cfm

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 Nov 2026.

52.222-42 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 (29

CFR part 4), this clause 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 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

(End of Clause)

52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)

(a) The Contractor shall notify the Contracting Officer or designee, in writing, 10* days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).

* The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions. See FAR 23.601(d).

(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the

Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall-

(1) Be submitted in writing;

(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed;

and

(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.

(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.

(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.

52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL

HYDROFLUOROCARBONS (JUN 2016)

(a) Definitions. As used in this clause--

Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as

1.0.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which

EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/).

Hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon.

Ozone-depleting substance means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;

or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:

Warning: Contains (or manufactured with, if applicable)

*_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall--

(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the

Government under this contract by--

(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.);

(ii) Contract number; and

(iii) Equipment/appliance;

(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after--

(i) Annually by November 30 of each year during contract performance; and

(ii) At the end of contract performance.

(d) The Contractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap.

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

(a) Definitions. As used in this clause --http://www.epa.gov/snap/ http://www.sam.gov/ http://www.epa.gov/snap http://www.epa.gov/snap

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include ``data.''

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for the period of time for each item stated in the NSN list (Appendix 2)

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph

(b)(1) of this clause within 45 days after discovery of the defect.

(2) Within a reasonable time after the notice, the Contracting Officer may either--

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii)…