FA2823-19-Q-A025_PZIOAD___Bldg_985_Hangar_Door_Maintenance.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA282319QA025

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

0001 Quaterly Maintenance for 1 year on two 45X25 Hydraulic operated hangar doors

IAW SOW. POP 30 SEP 2019 - 29 SEP

Product Service Code: J099 Firm Fixed Price

CIN: F1T0EF9140A0010000AA

4.0 Each

Option Line Item

Quaterly Maintenance for 1 year on two 45X25 Hydraulic operated hangar doors

IAW SOW. POP 30 SEP 2020 - 29 SEP

Product Service Code: J099 Firm Fixed Price

4.0 Each

Option Line Item

Quaterly Maintenance for 1 year on two 45X25 Hydraulic operated hangar doors

IAW SOW. POP 30 SEP 2021 - 29 SEP

Product Service Code: J099 Firm Fixed Price

4.0 Each

Option Line Item

Quaterly Maintenance for 1 year on two 45X25 Hydraulic operated hangar doors

IAW SOW. POP 30 SEP 2022 - 29 SEP

Product Service Code: J099 Firm Fixed Price

4.0 Each

Option Line Item

Quaterly Maintenance for 1 year on two 45X25 Hydraulic operated hangar doors

IAW SOW. POP 30 SEP 2023 - 29 SEP

Product Service Code: J099 Firm Fixed Price

4.0 Each

Description/Specifications/Statement of Work

Requirements Quarterly Hangar Door Maintenance for building 985

At a minimum the contractor shall:

- Test the computer operated system and make any adjustments as necessary

- Check the hydraulic fluid levels and add hydraulic fluid as necessary (SAE-10, ISO-32, or equivalent)

- Check all hydraulic fittings for leaks or abnormalities

- Check and adjust pilot operated control valves

- Check electric motor and cooling fan for proper operation

- Check hydraulic rams for leaks or abnormalities

- Check clevis pin keepers for tightness and damage, and replace if necessary.

- Service and adjust upper hinges by greasing all fitting and replacing bushings as necessary

- Service hydraulic cylinders, grease spherical bearings

- Troubleshoot any system malfunctions, this will not include the replacement cost of any broken parts or components.

See SOW and attachments for full details.

Packaging and Marking

Inspection and Acceptance

0001 Inspection and Acceptance Location

Both Other Instructions: Hangar Door Maintenance to be conducted at Bldg 985, 985 Perimeter Rd Eglin AFB, FL 32542

DoDAAC: F1T0EF Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

TMG 28 TS

203 WEST D AVE

BLDG 351 STE 500 CP

EGLIN, FL 32542

United States

OfficeCode:

TSgt Kim Young Email: young.kim.3@us.af.mil Telephone: (850) 882-6551

Option Line Item

Inspection and Acceptance Location

Both Other Instructions: Hangar Door Maintenance to be conducted at Bldg 985, 985 Perimeter Rd Eglin AFB, FL 32542

DoDAAC: F1T0EF Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

TMG 28 TS

203 WEST D AVE

BLDG 351 STE 500 CP

EGLIN, FL 32542

United States

OfficeCode:

TSgt Kim Young Email: young.kim.3@us.af.mil Telephone: (850) 882-6551

Option Line Item

Inspection and Acceptance Location

Both Other Instructions: Hangar Door Maintenance to be conducted at Bldg 985, 985 Perimeter Rd Eglin AFB, FL 32542

DoDAAC: F1T0EF Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

TMG 28 TS

203 WEST D AVE

BLDG 351 STE 500 CP

EGLIN, FL 32542

United States

OfficeCode:

TSgt Kim Young Email: young.kim.3@us.af.mil Telephone: (850) 882-6551

Option Line Item

Inspection and Acceptance Location

Both Other Instructions: Hangar Door Maintenance to be conducted at Bldg 985, 985 Perimeter Rd Eglin AFB, FL 32542

DoDAAC: F1T0EF Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

TMG 28 TS

203 WEST D AVE

BLDG 351 STE 500 CP

EGLIN, FL 32542

United States

OfficeCode:

TSgt Kim Young Telephone: (850) 882-6551 Email: young.kim.3@us.af.mil

Option Line Item

Inspection and Acceptance Location

Both Other Instructions: Hangar Door Maintenance to be conducted at Bldg 985, 985 Perimeter Rd Eglin AFB, FL 32542

DoDAAC: F1T0EF Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

TMG 28 TS

203 WEST D AVE

BLDG 351 STE 500 CP

EGLIN, FL 32542

United States

OfficeCode:

TSgt Kim Young Telephone: (850) 882-6551 Email: young.kim.3@us.af.mil

Deliveries or Performance

0001 Delivery Schedule Ship To Address

Delivery Period

30 SEP 2019

29 SEP 2020

4.0 Each

Ship To

DoDAAC: F1T0EF Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

TMG 28 TS

203 WEST D AVE

BLDG 351 STE 500 CP

EGLIN, FL 32542

United States

OfficeCode:

Young Kim Telephone: (850) 882-6551 Email: young.kim.3@us.af.mil

Period of Performance From

30 SEP 2019

to

29 SEP 2020

Option Line Item

Delivery Schedule Ship To Address

Delivery Period

30 SEP 2020

29 SEP 2021

4.0 Each

Ship To

DoDAAC: F1T0EF Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

TMG 28 TS

203 WEST D AVE

BLDG 351 STE 500 CP

EGLIN, FL 32542

United States

OfficeCode:

Young Kim Telephone: (850) 882-6551 Email: young.kim.3@us.af.mil

Period of Performance From

30 SEP 2020

to

29 SEP 2021

Option Line Item

Delivery Schedule Ship To Address

Delivery Period Ship To

30 SEP 2021

29 SEP 2022

4.0 Each

DoDAAC: F1T0EF Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

TMG 28 TS

203 WEST D AVE

BLDG 351 STE 500 CP

EGLIN, FL 32542

United States

OfficeCode:

Young Kim Telephone: (850) 882-6551 Email: young.kim.3@us.af.mil

Period of Performance From

30 SEP 2021

to

29 SEP 2022

Option Line Item

Delivery Schedule Ship To Address

Delivery Period

30 SEP 2022

29 SEP 2023

4.0 Each

Ship To

DoDAAC: F1T0EF Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

TMG 28 TS

203 WEST D AVE

BLDG 351 STE 500 CP

EGLIN, FL 32542

United States

OfficeCode:

Young Kim Telephone: (850) 882-6551 Email: young.kim.3@us.af.mil

Period of Performance From

30 SEP 2022

to

29 SEP 2023

Option Line Item

Delivery Schedule Ship To Address

Delivery Period

30 SEP 2023

29 SEP 2024

4.0 Each

Ship To

DoDAAC: F1T0EF Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

TMG 28 TS

203 WEST D AVE

BLDG 351 STE 500 CP

EGLIN, FL 32542

United States

OfficeCode:

Young Kim Telephone: (850) 882-6551 Email: young.kim.3@us.af.mil

Period of Performance From

30 SEP 2023

to

29 SEP 2024

Contract Administration Data

Special Contract Requirements

Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contract Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.212-1 Instructions to Offerors - Commercial OCT 2018 Class Deviation 2018-O0018 - Micro-Purchase Threshold, Simplified Acquisition Threshold, and Special Emergency Procurement Authority AUG 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation of Options JUL 1990 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.209-7998 Representation Regarding Conviction of a Felony Criminal (Class Deviation 2012-O0007) MAY 2019 252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law JAN 2012 252.213-7000 Notice to Prospective Suppliers on the Use of Past Performance Information Retrieval System - Statistical Reporting in Past Performance Evaluations MAR 2018 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.239-7017 Notice of Supply Chain Risk FEB 2019 252.239-7018 Supply Chain Risk FEB 2019 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT AUG 2019

Definitions. As used in this provision--

"Covered telecommunications equipment or services", "Critical technology", and "Substantial or essential component" have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

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

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

(c) Representation. The Offeror represents that--

It [_] will, [_] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

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

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

(End of provision)

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS OCT 2018

*** THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM

THE RESULTANT AWARD. ***

1. Addendum to 52.212-1(a), NAICS code and small business size standard. The NAICS code is 238290, Other Building Equipment Contractors and size standard is$15M for this requirement.

2. Addendum to 52.212-1-(c), Period for Acceptance of Offers. This paragraph is tailored as follows: "The offeror agrees to hold the prices in its offer firm through 30 September 2019 for receipt of offers."

3. Submit offers electronically to: 2d Lt Yesenia Manzur, yesenia.manzur.1@us.af.mil and David P. Jesmain, David.Jesmain.1@us.af.mil. Offeror shall submit offers electronically, allowing sufficient time for the upload to be completed by the offer submission closing date and time.

3.1. Only electronic versions of offers will be accepted. Paper copies of offers will be rejected and not considered for award.

4. The following instructions prescribe the format for offers, and describes the approach to be used for the development and presentation of offer data. The offer shall include all of the information requested in the specified instructions.

4.1. Offers shall be complete and be organized into the following three (3) separate parts:

a. PART I: Cover Sheet

b. PART II: SF 1449

c. PART III: Technical Capability Documentation

4.2. The content of each part is described below:

a. PART I: Cover Sheet

1. Complete each fill in of the Cover Sheet with your company info.

b. PART II: SF 1449

1. Complete the SF 1449 CLIN 0001, 1001, 2001, 3001, and 4001, and fill-in 52.213-3 (Addendum) Annual Representations and Certifications statement and any other required fill-ins.

c. PART III: Technical Capability Documentation: Limited to 10 Page(s)

1. Your submitted documentation will be evaluated against the Technical Factors as defined in Addendum 52.212-2.

a. Capable of meeting the hangar door quarterly maintenance IAW the SOW b.. Period of Performance

5. Questions shall be emailed to both the Contract Specialist, 2d Lt Yesenia Manzur, yesenia.manzur.1@us.af.mil and the Contracting Officer, David P. Jesmain, david.jesmain.1@us.af.mil by 3 September 2019 at 10:00 AM Central Standard Time

(CST).

6. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors; failure to meet a requirement of the solicitation may be excluded from consideration. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale; and

7. Documents submitted in response to this solicitation must be fully responsive to and consistent with:

7.1. Requirements of this solicitation, Government standards and regulations;

7.2. Evaluation Factors for Award;

7.3. Format for all offer Parts:

7.3.1. Offers shall be submitted in pdf. Format.

7.3.2. Offer font shall be Times New Roman and no smaller than 12 font size.

8. Addendum to 52.212-1(e), Multiple offers, this paragraph is deleted for this solicitation and marked "reserved".

9. Only electronic versions of offers will be accepted.

10. Addendum to 52.212-1(j), Data Universal Numbering System (DUNS) Number. This paragraph is expanded to include the following statement: "All offers submitted through a Joint Venture shall have an assigned DUNS number for the Joint Venture Entity."

11. Addendum to 52.212-1(k), System for Award Management (SAM). This paragraph is expanded to include the following statement: "All offers submitted through a Joint Venture shall have an active SAM account for the specific Joint Venture Entity.

12. All of the time and date references for receipt of offers in this addendum shall be superseded by any subsequent solicitation amendments that extend the time and date for receipt of offers.

(End of Addendum)

52.212-2 Evaluation - Commercial Items OCT 2014

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

(i) technical capability of the item offered to meet the Government requirement and;

(ii) price.

Technical and price, when combined, are equal.

ADDENDUM TO FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS (OCT 2014)

*** THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM

THE RESULTATNT AWARD. ***

1. Methodology. This acquisition will utilize the Lowest Price Technically Acceptable (LPTA) approach, in which, the Government intends to award to an offeror with a technically acceptable quote at the lowest overall total evaluated price.

The LPTA approach does not permit tradeoffs between price/cost and past performance, and will include an evaluation for technical acceptability.

2. Relative Importance. The Government's evaluation will be based on the following factors and sub-factors:

a. Factor 1 - Price

b. Factor 2 - Technical Acceptability Price and Technical are equal when evaluated.

3. Offers which are unrealistic in terms of technical acceptability or price may be rejected at any time during the evaluation process. The Government reserves the right to make an award without discussions; however, discussions may be conducted with all, some, or none of the offerors. Offerors may be required to participate in telephone discussions at AFTC Installation Contracting Division/PZIOAD, 308 West D Av. Eglin AFB, FL 32542.

4. The Government intends to award a Firm-Fixed Price (FFP) Contract as a result of this solicitation.

5. Offerors are cautioned to follow the detailed instructions in the Addendum to 52.212-1 and Addendum to 52.212-2 fully, as the Government reserves the right to make an award based on initial offers received, without discussion of such offers.

a. Price Evaluation. The first (1st) step will be evaluating prices and listing all responsive offers by price from lowest to highest. Offeror's prices submitted in the Offer Schedule will be evaluated for completeness and fair and reasonableness.

All offerors will be evaluated based on price and placed in order from lowest to highest price. To determine the lowest price, the total proposed price for CLIN 0001, 1001, 2001, 3001, and 4001 will be used. For the purposes of evaluation of the FAR

217-8 clause only, a total evaluated price will be evaluated and will consist of the total proposed price for CLIN 0001, 1001, 2001, 3001, 4001, and the amount for 2 each submitted by the offeror for CLIN 4001.

b. Technical Evaluation. Offers shall be evaluated independently of the cost/price quote evaluation to determine the offerors' compliance with the technical requirements of this solicitation. The Government may make a final determination as to the rating of an offer based on the quote as submitted without requesting any further information. The technical factor will receive an overall rating of either "Acceptable" or " Unacceptable" using the rating description in Table 1 below. The Government's technical evaluation team shall evaluate the technical quote on a pass/fail basis, assigning one of the ratings described below for any sub-factor. Any sub factor evaluated as "Unacceptable" will render the entire quote "Unacceptable"; therefore, un-awardable. Only those quotes determined to be technically "Acceptable", either initially or as a result of discussions, will be considered for award. However, the offeror is cautioned that the Government reserves the right to award this effort based on the initial quote, as received, without discussion. Evaluators shall assign a rating, which fails within one of the following ranges according to the degree to which the offeror meets the minimum requirements described below in Table 1.

Table 1. Technical Ratings Rating Description

ACCEPTABLE Quote meets the requirements of the solicitation. The offeror's documentation clearly demonstrates their capability and understanding of all aspects of performance in accordance with the product specifications.

UNACCEPTABLE Quote does not meet the requirements of the solicitation. The offeror's documentation does not clearly demonstrate their capability and understanding of all aspects of performance in accordance with the product specifications.

The technical factors will be rated ACCEPTABLE when the offeror's documentation clearly demonstrates their capability to accommodate all aspects of performance in accordance with the product specifications and the technical sub-factors listed below:

Sub-Factor 1: Hangar Door Maintenance SOW - The offeror's submitted documentation clearly demonstrates they have the ability to provide the work IAW the SOW.

Sub-Factor 2: Period of Performance - The offeror's submitted documentation demonstrates they have the ability to meet the annual schedule of four quarterly inspections for a base and four (1) year options.

The technical factor will be rated UNACCEPTABLE when the offeror's documentation does not clearly demonstrate their capability to provide the required items in accordance with the product specifications and delivery schedule.

6. Basis for Contract Award. By submission of its quote, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications. The Government intends to award a contract to the offeror deemed responsible in accordance with FAR 9.104, as supplemented, whose quote conforms to the Request for Quote(RFQ) requirements including all stated terms, conditions, representations, certifications, and all other information required by the RFQ and is judged, based on the evaluation criteria, to represent the best value to the Government. The Government intends to award one contract to the offeror whose technically acceptable quote is the lowest priced of those quotes received.

(END OF ADDENDUM)

ADDENDUM TO FAR 52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (NOV 2017)

1. Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b) (2) of this provision do not automatically change the representations and certifications posted on SAM website (sam.gov).

2. The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.sam.gov/portal/SAM/#1. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __________. [Offeror to identify the applicable paragraphs at (c) through (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(END OF ADDENDUM)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS --

COMMERCIAL ITEMS AUG 2019

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 items:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.

4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

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

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

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

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 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 (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT(r) -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT(r) -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT(r) -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

_X_ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 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. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

___ (iii) Alternate II (Feb 2006) of 52.247-64.

(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 items:

_X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (4) 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).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 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).

___ (7) 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).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (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, 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 of law.

(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 items. 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 (Jan 2019) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xii) 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.

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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 E.O. 13627).

(xv) 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.)

(xvi) 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)

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xxi) 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. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii)52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

52.217-8 Option to Extend Services NOV 1999

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor with 30 days.

(End of Clause)

52.217-9 Option to Extend the Term of the Contract MAR 2000

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of Clause)

52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of Provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

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 23160 Electrician Maintenance WG 10 28.30 23530 Machinery Maintenance Mechanic WG 10 28.30 (End of Clause)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA FEB 2019

(a) Definitions. As used in this clause-- "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material;

equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if--

(i) This contract is a construction contract; or

(ii) The supplies being transported are--

(A) Noncommercial items; or

(B) Commercial items that--

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that--

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum--

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief--

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on…