Amendment 1 RFQ FA251724Q0067 Fire Truck Seat Covers.pdf

DEPARTMENT OF THE AIR FORCE

UNITED STATES SPACE FORCE

SPACE BASE DELTA 1

Semper Supra

5 September 2024

FROM: 21 CONS/PKA

SUBJECT: AMENDMENT 1 Combined Synopsis/Solicitation PROJECT TITLE: 21 LRS Fire Truck Seat Covers

SOLICITATION: FA251724Q0067

AMENDMENT 1: Attachment 1 has been updated. Solicitation Close date extended to September 16, 2024 at 12 Noon MT. No other changes have been made.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The Request for Quotes (RFQ) number FA251724Q0067 shall be used to reference any written proposal provided under this RFQ.

The RFQ document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-06, effective 08/29/2024; Defense Federal Acquisition Regulation Supplement (DFARS) effective 08/15/2024; Department of The Air Force Federal Acquisition Regulation Supplement effective 06/12/2024.

This solicitation is a 100% small business set-aside. The North American Industrial Classification System (NAICS) code is 336360 – Motor Vehicle Seating and Interior Trim Manufacturing and the size standard is 1,500 employees.

Notice to Offeror(s)/Supplier(s): The Government reserves the right to cancel the solicitation, either before or after the closing date. In the event the Government cancels the solicitation, the Government has no obligation to reimburse an offeror for any costs. The Government has proposed several CLINs for potential vendors to provide quotes for. The Government will evaluate quotes submitted on each CLIN for technical acceptability.

A resulting award will be done so on a Lowest Price Technically Acceptable basis.

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. 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 an offeror for any costs

The 21st Contracting Squadron, Peterson Space Force Base (SFB), intends to award a Firm Fixed Price Purchase Order for brand name or equal products listed in Attachment 1 – Product List, to be delivered to Peterson SFB with the option to deliver to Schriever SFB and Cheyenne Mountain Space Force Station.

Table 1 – Contract Line Items CLIN Description Unit Quantity Unit

Price Total

0001 Peterson SFB: Please see Attachment 1 – Product List, for a detailed explanation of the items being requested.

Lot 1

Semper Supra

The items being requested are to be brand name or equal to H.O. Bostrom Zip Clean seats covers and cushions.

The seats, cushions, and covers need to be specifically made for Fire Fighting purposes to accommodate gear and tanks built into the seats. They must also comply with relevant Federal Motor Vehicle Safety Standards (FMVSS), National Fire Protection Association (NFPA), ECE and EN 1848:2 performance standards.

The products must be made to fit each individual seat or have a direct bolt-in replacement.

Each item must meet the minimum standards:

Foam Cushions:

- Encapsulated barrier reduces gas absorption.

- Foam block is the standard for the cushion, bolsters, seat back and headrest on all Zip Clean seats

Seat Covers:

- Meets FMVSS 302 flammability standards

- 1800 Denier - Meets ASTM D4157-10 100,000+ cycle test (no appreciable wear) or better; breaking force, tearing strength and bursting strength

- Tear and puncture resistant: overlapping polyester weave prevents punctures from tearing into longer cuts

- Waterproof: fully-adhered polyvinyl chloride (PVC) vinyl underside

- Clean just like the turnout gear

– with detergent water (must be air dried)

- 50% denser than standard Durawear™

In the quote, please provide all applicable warranty information for the products being quoted. Please provide information on additional warranty options that may be available for purchase as well.

Option

Schriever SFB: Please see Attachment 1 – Product List, for a detailed explanation of the items being requested.

The items being requested are to be brand name or equal to H.O. Bostrom Zip Clean seats covers and cushions.

The seats, cushions, and covers need to be specifically made for Fire Fighting purposes to accommodate gear and tanks built into the seats. They must also comply with relevant Federal Motor Vehicle Safety Standards (FMVSS), National Fire Protection

Lot

Association (NFPA), ECE and EN 1848:2 performance standards.

The products must be made to fit each individual seat or have a direct bolt-in replacement.

Each item must meet the minimum standards:

Foam Cushions:

- Encapsulated barrier reduces gas absorption.

- Foam block is the standard for the cushion, bolsters, seat back and headrest on all Zip Clean seats

Seat Covers:

- Meets FMVSS 302 flammability standards

- 1800 Denier - Meets ASTM D4157-10 100,000+ cycle test (no appreciable wear) or better; breaking force, tearing strength and bursting strength

- Tear and puncture resistant: overlapping polyester weave prevents punctures from tearing into longer cuts

- Waterproof: fully-adhered polyvinyl chloride (PVC) vinyl underside

- Clean just like the turnout gear

– with detergent water (must be air dried)

- 50% denser than standard Durawear™

In the quote, please provide all applicable warranty information for the products being quoted. Please provide information on additional warranty options that may be available for purchase as well.

Option

Cheyenne Mountain SFS: Please see Attachment 1 – Product List, for a detailed explanation of the items being requested.

The items being requested are to be brand name or equal to H.O. Bostrom Zip Clean seats covers and cushions.

The seats, cushions, and covers need to be specifically made for Fire Fighting purposes to accommodate gear and tanks built into the seats. They must also comply with relevant Federal Motor Vehicle Safety Standards (FMVSS), National Fire Protection Association (NFPA), ECE and EN 1848:2 performance standards.

The products must be made to fit each individual seat or have a direct bolt-in replacement.

Each item must meet the minimum standards:

Foam Cushions:

- Foam block is the standard for the cushion, bolsters, seat back and headrest on all Zip Clean seats

Seat Covers:

- Meets FMVSS 302 flammability standards

- 1800 Denier - Meets ASTM D4157-10 100,000+ cycle test (no appreciable wear) or better; breaking force, tearing strength and bursting strength

- Tear and puncture resistant: overlapping polyester weave prevents punctures from tearing into longer cuts

- Waterproof: fully-adhered polyvinyl chloride (PVC) vinyl underside

- Clean just like the turnout gear

– with detergent water (must be air dried)

- 50% denser than standard Durawear™

In the quote, please provide all applicable warranty information for the products being quoted. Please provide information on additional warranty options that may be available for purchase as well.

Total Price

52.212-1 Instruction to Offerors – Commercial Products and Commercial Services (Sep 2023) FAR Provision 52.212-1, Instructions to Offerors-Commercial Product and Commercial Services (Sept 2023) applies to these acquisitions and the following addendum applies:

The Following words stating “offer”, “offeror”, and “proposal” are replaced with “quotation”, “vendor”, and “quote”.

Paragraph (a) first sentence revised as follows: “The NAICS code and small business size standard for this acquisition appear above.”

Paragraph (c) first sentence revised as follows: “The vendor agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the quote.”

The estimated Delivery for this requirement is by September 18, 2024.

The resulting award will be a Firm-Fixed Price contract.

Quotes and contract documentation shall be provided NLT 12:00 PM Mountain Time (MT), September 16, 2024. Please submit quotes via email to the Contract Specialist Cayce Moses at cayce.moses@spaceforce.mil and Contracting Officer Brittney Rosenbaum at brittney.rosenbaum@spaceforce.mil. Submit no more than 20 pages in response to this request. After 20 pages, the Contracting Officer will not evaluate information. It is the quoter’s responsibility to complete their reps and certs at SAM.gov for the quote to be evaluated for award.

Late submissions: Quoters are responsible for submitting quotations so as to reach the Government office designated by the time specified in the solicitation. Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and may not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

Semper Supra mailto:cayce.moses@spaceforce.mil mailto:brittney.rosenbaum@spaceforce.mil

Note: .zip files are not an acceptable format for the Air Force/Space Force Network and will not go through our email system.

Please provide the following information with your quote:

Company Name:

Contact Name:

Address:

Telephone Number:

Unit Price:

Extended Price:

UEI Number:

Cage Code:

Statement the quote is valid for a minimum of 60 days:

Size of Business/Socio Economic Status:

*Number of Employees_____________ *Total Yearly Revenue_______________ *Information required determining size of business for the NAICS referenced above

Payment Terms: _________________________

All companies must be registered in the System for Award Management at https://www.sam.gov/portal/public/SAM/ to be considered for award. The Government will not provide contract financing for this acquisition.

The contractor’s quote/response shall consist of two (2) separate parts:

Part I - Price Quote Part II - Technical Documentation

Format and Specific Instructions.

A. PART I – PRICE QUOTE

The quoter shall either submit on company letterhead a quote identifying the unit price and total price for all items listed on Attachment 1 – Product List. Product specifications are provided in the table seen below.

Table 1 – Contract Line Items CLIN Description Unit Quantity Unit Price Total 0001 Peterson SFB: Please see Attachment 1 – Product

List, for a detailed explanation of the items being requested.

The items being requested are to be brand name or equal to H.O. Bostrom Zip Clean seats covers and cushions.

The seats, cushions, and covers need to be specifically made for Fire Fighting purposes to accommodate gear and tanks built into the seats.

They must also comply with relevant Federal Motor Vehicle Safety Standards (FMVSS), Lot 1

National Fire Protection Association (NFPA), ECE and EN 1848:2 performance standards.

The products must be made to fit each individual seat or have a direct bolt-in replacement.

Each item must meet the minimum standards:

Foam Cushions:

- Encapsulated barrier reduces gas absorption.

- Foam block is the standard for the cushion, bolsters, seat back and headrest on all Zip Clean seats

Seat Covers:

- Meets FMVSS 302 flammability standards

- 1800 Denier - Meets ASTM D4157-10 100,000+ cycle test (no appreciable wear) or better; breaking force, tearing strength and bursting strength

- Tear and puncture resistant: overlapping polyester weave prevents punctures from tearing into longer cuts

- Waterproof: fully-adhered polyvinyl chloride (PVC) vinyl underside

- Clean just like the turnout gear

– with detergent water (must be air dried)

- 50% denser than standard Durawear™

In the quote, please provide all applicable warranty information for the products being quoted. Please provide information on additional warranty options that may be available for purchase as well.

0002 Schriever SFB: Please see Attachment 1 – Product List, for a detailed explanation of the items being requested.

The items being requested are to be brand name or equal to H.O. Bostrom Zip Clean seats covers and cushions.

The seats, cushions, and covers need to be specifically made for Fire Fighting purposes to accommodate gear and tanks built into the seats.

They must also comply with relevant Federal Motor Vehicle Safety Standards (FMVSS), National Fire Protection Association (NFPA), ECE and EN 1848:2 performance standards.

The products must be made to fit each individual seat or have a direct bolt-in replacement.

Each item must meet the minimum standards:

Foam Cushions:

- Encapsulated barrier reduces gas absorption.

- Foam block is the standard for the cushion, bolsters, seat back and headrest on all Zip Clean seats

Seat Covers:

- Meets FMVSS 302 flammability standards

- 1800 Denier - Meets ASTM D4157-10 100,000+ cycle test (no appreciable wear) or better; breaking force, tearing strength and bursting strength

- Tear and puncture resistant: overlapping polyester weave prevents punctures from tearing into longer cuts

- Waterproof: fully-adhered polyvinyl chloride (PVC) vinyl underside

- Clean just like the turnout gear

– with detergent water (must be air dried)

- 50% denser than standard Durawear™

In the quote, please provide all applicable warranty information for the products being quoted. Please provide information on additional warranty options that may be available for purchase as well.

0003 Cheyenne Mountain SFS: Please see Attachment 1 – Product List, for a detailed explanation of the items being requested.

The items being requested are to be brand name or equal to H.O. Bostrom Zip Clean seats covers and cushions.

The seats, cushions, and covers need to be specifically made for Fire Fighting purposes to accommodate gear and tanks built into the seats.

They must also comply with relevant Federal Motor Vehicle Safety Standards (FMVSS), National Fire Protection Association (NFPA), ECE and EN 1848:2 performance standards.

The products must be made to fit each individual seat or have a direct bolt-in replacement.

Each item must meet the minimum standards:

Foam Cushions:

- Foam block is the standard for the cushion, bolsters, seat back and headrest on all Zip Clean seats

Seat Covers:

- Meets FMVSS 302 flammability standards

- 1800 Denier - Meets ASTM D4157-10 100,000+ cycle test (no appreciable wear) or better; breaking force, tearing strength and bursting strength

- Tear and puncture resistant: overlapping polyester weave prevents punctures from tearing into longer cuts

- Waterproof: fully-adhered polyvinyl chloride (PVC) vinyl underside

- Clean just like the turnout gear

– with detergent water (must be air dried)

- 50% denser than standard Durawear™

In the quote, please provide all applicable warranty information for the products being quoted. Please provide information on additional warranty options that may be available for purchase as well.

Total Price

B. PART II – TECHNICAL DOCUMENTATION

Vendor shall submit technical information that clearly demonstrates their product meets the minimum technical requirements outlined in Attachment 1 – Product List.

52.212-2 Evaluation – Commercial Products and Commercial Services (Nov 2021)

This tailored clause takes precedence over the clause incorporated by reference.

The Government will award a contract resulting from the solicitation to the responsible offeror whose offer conforming to the solicitation will be the most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

Part I – Price Part II – Technical Documentation

Award will be made based on the competitive quote with the lowest price that meets the technical requirement on an acceptable/unacceptable basis. If any technical requirements are determined to be unacceptable, that quote will not be evaluated further and will not be eligible for award.

Evaluation and Award Criteria

Addendum to FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (Nov 2021)

1. Evaluation:

By submission of its quote, the offeror agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to adhere to all solicitation requirements may result in an offer being determined unacceptable and ineligible for further evaluation. The evaluation process follows:

Step I – Price Quote Evaluation Initially, the Government will place all quotes that meet the requirements of the solicitation in order by price, beginning with the lowest evaluated price. The price will be evaluated using TABLE 1, provided in Addendum to

FAR 52.212-1.

The Government will then evaluate the lowest priced offer to determine if it is reasonable and complete. If there is a conflict between the unit price and the overall price, the unit price will be used to determine the correct price.

Failure to quote for any price element, may cause the quoter’s quote to be rejected as unacceptable.

Quoters whose evaluated price is unreasonable (in accordance with FAR 13.106-3) may not be considered for award.

Step II – Technical Documentation Evaluation

Next, the lowest evaluated priced vendor will be evaluated on an Acceptable/Unacceptable basis for the Technical Requirement. For the lowest priced vendor to receive a rating of “Acceptable”, they shall submit technical information that clearly demonstrates their items meet the minimum requirements in terms of description as stated in Attachment 1 – Product List. If the lowest evaluated priced vendor does not demonstrate all necessary requirements, it will receive an “Unacceptable” rating and evaluation of that quote will stop.

The technical factors will receive one of the following ratings listed below:

Rating Description

Rating Description Acceptable Quote meets the requirements specified in Attachment 1 – Product List Unacceptable Quote does not meet the requirements specified in Attachment 1 – Product List

2. Basis of Award:

If the lowest evaluated priced, technically acceptable offeror receives an “Acceptable”, that quote represents the most advantageous offer to the Government, evaluation of that quote is complete, award will be made to that offeror, and the evaluation process will stop. If the lowest evaluated priced, technically acceptable offeror receives and “Unacceptable”, evaluation of that quote will stop. In that instance, the next lowest evaluated priced offeror will be evaluated using the methodology above and the process will continue (in order by price) until a technically acceptable offeror is evaluated, or until all offerors are evaluated.

Clarifications conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for a quote revision. The Government intends to award a contract without discussions (while keeping with FAR Part 12 and 13). The Government, however, reserves the right to conduct discussions if deemed in its best interest.

In the case that a discrepancy exists between the addendum to FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services and the addendum to FAR 52.212-2, Evaluation – Commercial Products and Commercial Services, the evaluation criteria in the addendum to FAR 52.212-2, Evaluation – Commercial Products and Commercial Services will take precedence.

List of Attachments

1. Attachment 1 – Fire Truck Seat Parts List

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions.

As prescribed in 232. 7004(b ), use the following clause:

Effective

Date

Dec 2018

Alternate/

Deviation

(Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

F A251724Q0067

Variation

Effective

Date

"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 (WA WF).

"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 WA WF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DF ARS) 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 WA WF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

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

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

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

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

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

(ii) For fixed price line items-

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

Invoice and Receiving Report Combo

(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 2inl, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

F A251724Q0067

(Contracting Officer: Insert either ''Invoice 2inl" or the applicable invoice and receiving report document type(s) for fzxed 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 financing, submit a commercial financing request.

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

[Note: The Contractor may use a WA WF "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 WA WF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WA WF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA2517

Admin DoDAAC FA2517

Inspect By DoDAAC F3L1DA

Ship To Code F3L1DA

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

F A251724Q0067

(*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 DoDAA C for the contract administration office assigned the functions under FAR 42.302(a)(l 3).)

( 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 DF ARS Appendix F.

(g) WAWF point of contact.

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

NIA

(Contracting Officer: Insert applicable information or ''Not applicable. '')

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

(End of clause)

Special Contract Requirements

Contract Clauses

FAR Clauses Incorporated by Reference

Number

52.204-13 52.204-18

52.204-25

52.209-10 52.212-4 52.232-39 52.232-40 52.233-4

Title

System for Award Management Maintenance.

Commercial and Government Entity Code Maintenance.

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

Prohibition on Contracting with Inverted Domestic Corporations.

Contract Terms and Conditions-Commercial Products and Commercial Services.

Unenforceability of Unauthorized Obligations.

Providing Accelerated Payments to Small Business Subcontractors.

Applicable Law for Breach of Contract Claim.

DFARS Clauses Incorporated by Reference

Number

252.203-7000 252.203-7002 252.204-7015

252.204-7018

252.223-7008 252.225-7001 252.225-7002 252.225-7012 252.225-7048 252.225-7056 252.225-7060 252.232-7010 252.243-7001 252.244-7000 252.247-7023

Title

Requirements Relating to Compensation of Former DoD Officials.

Requirement to Inform Employees of Whistleblower Rights.

Notice of Authorized Disclosure of Information for Litigation Support.

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

Prohibition of Hexavalent Chromium.

Buy American and Balance of Payments Program.

Qualifying Country Sources as Subcontractors.

Preference for Certain Domestic Commodities.

Export-Controlled Items.

Prohibition Regarding Business Operations with the Maduro Regime.

Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Levies on Contract Payments.

Pricing of Contract Modifications.

Subcontracts for Commercial Products or Commercial Services.

Transportation of Supplies by Sea.

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Products and Commercial Services. (failored)

As prescribed in 12.301(b)(4), insert the following clause:

Effective Date

Oct 2018 Aug 2020

Nov 2021

Nov 2015 Nov 2023 Jun 2013 Mar 2023 Oct 2004

Effective

Date

Sep 2011 Dec 2022 Jan 2023

Jan 2023

Jan 2023 Feb 2024 Mar 2022 Apr 2022 Jun 2013 Jan 2023 Jun 2023 Dec 2006 Dec 1991 Nov 2023 Jan 2023

Alternate/ Deviation

Alternate/

Deviation

(May 2024)

F A251724Q0067

Variation Effective

Date

Variation

Effective Date

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(l)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

( 4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(6) [Reserved].

(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).

(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title 11).

(ii) Alternate I (Dec 2023) of 52.204-30.

X(12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(14) [Reserved].

(15) 52.219-3, Notice ofHUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(17) [Reserved]

(18)

X(i) 52.219-6, Notice ofTotal Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-6.

(19)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

(21)

(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Sep 2023) of 52.219-9.

(22)

(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

(24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

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(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

(26)

X(i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(l 7)).

X(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

X(33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(34)

X(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

(35)

(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of52.222-35.

(36)

X(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of52.222-36.

(37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(39)

X(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

( 40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).

(44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

(45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

X(46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 76711).

(47)

(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(48)

(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

(ii) Alternate I (Oct 2022) of 52.225-1.

(49)

X(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

(iii) Alternate II (Dec 2022) of 52.225-3.

(iv) Alternate III (Feb 2024) of52.225-3.

(v) Alternate IV (Oct 2022) of 52.225-3.

(50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X(51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

X(55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

(56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

X(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X(59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(64)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Nov 2021) of 52.24 7-64.

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( c) The Contractor shall comply with the FAR clauses in this paragraph ( c ), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ Contracting Officer check as appropriate.]

(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.

C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4. 7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph ( e )(1 ), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(l)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph ( c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph ( d) of FAR clause 52.24 7-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (Feb 1998)

(Feb 1998)

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

_www.acquisition.gov[Insert one or more Internet addresses]

(End of clause)

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation.

As prescribed in 21 l.274-5(a), use the following clause:

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause-

(Jan 2023)

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO) /International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character ( or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD.

All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" Enterprise " means the entity ( e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefmitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register oflssuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration ( or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function,…