COMBO - FA441820Q0013 - Amendment 1.pdf

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Hoods and Ducts Cleaning and Maintenance
Solicitation number
FA441820Q0013
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This combined synopsis and solicitation requests quotes for hoods and duct cleaning, maintenance, and repair services. The solicitation is a 100% small business set-aside with a response deadline of 7 July 2020. Quotes shall be submitted in accordance with the attached performance work statement and pricing sheet. The resulting contract will have a one-year base period of performance from 1 October 2020 to 30 September 2021, to be completed at Joint Base Charleston by contractors meeting the requirements of the attached clauses and provisions.

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Questions and Answers 20 July 2020.pdf PDF
Questions and Answers 16 July 2020.pdf PDF
Joint Base Charleston Hoods and Duct Cleaning - Pictures.pptx PPTX presentation
Attachment 2 - Pricing Sheet Updated 15 July 2020.xlsx XLSX spreadsheet
Attachment 1 - Equipment List Updated 15 July 2020.xlsx XLSX spreadsheet
Questions and Answers 15 July 2020.pdf PDF
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Hoods and Ducts PWS 10 July 2020.pdf PDF
COMBO - JB CHS Hoods and Duct Cleaning.pdf PDF
Attachment 2 - Pricing Sheet.xlsx XLSX spreadsheet
Attachment 2 - Pricing Sheet.xlsx XLSX spreadsheet
Draft Hoods and Ducts PWS 16 June 20.pdf PDF
Attachment 3 - Air Base Map.pdf PDF
Attachment 4 - Weapon Station Map.pdf PDF
Attachment 1 - Equipment List.xlsx XLSX spreadsheet
Hoods and Ducts PWS 26 May 20.pdf PDF
Attachment 1 - Equipment List.xlsx XLSX spreadsheet
COMBO - FA441820Q0013.pdf PDF
Attachment 4 - Weapon Station Map.pdf PDF
Attachment 5 - Air Base Map.pdf PDF
Attachment 2 - Requirements Roadmap - PMI.xlsx XLSX spreadsheet
Attachment 3 - Mission Essential Letter.pdf PDF
Attachment 6 - Pricing Sheet 1.xlsx XLSX spreadsheet
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FA441820Q0013

Special Contract Requirements

COMBINED SYNOPSIS/ SOLICITATION FOR COMMERCIAL ITEMS

(i) 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.

(ii) This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6 & 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are requested and a written solicitation will not be issued.

(iii) This solicitation/synopsis reference number is FA4418-20-Q-0013 and is being issued as a Request for Quote (RFQ). Attachment 6 - Pricing Sheet is attached to this combined synopsis/solicitation in Section J and shall be used to submit pricing.

(iv) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-101, Effective 3 June 2020.

(v) This acquisition is 100% small business set-aside. The associated NAICS code is 561790 with a size standard of $7.5 million.

(vi) Contractors shall submit a quote for hoods and duct cleaning, maintenance, and repair services in accordance with the attached Performance Work Statement (PWS), see Section J. All responsible sources may submit a quote, which shall be considered. A fixed price contract is contemplated.

(vii) The following clauses and provisions are incorporated and will remain in full force in any resultant award:

(full text of clauses and provisions may be accessed electronically at this website: https://www.acquisition.gov / content/regulations)

(viii) Defense Priorities and Allocations System (DPAS): N/A

(ix) Response to this combined synopsis/solicitation must be received via email, by 7 July 2020 no later than 2:

00 PM Eastern Standard Time. Requests should be marked with solicitation number FA4418-20-Q-0013.

(x) Address questions to Jorge Alvarez, Contract Specialist, at (843) 963-4502, email jorge.alvarez.8@us.af.

mil.

(xi) A virtual site visit will be conducted on 17 June 2020, through Zoom. This site visit is not mandatory but highly recommended. Contact Jorge Alvarez, at jorge.alvarez.8@us.af.mil with the names and email addresses of all who plan to attend. A list of attendees will be created and time, meeting ID, and password will then be provided.

For more opportunities, visit http://www.airforcesmallbiz.org (see Contract Opportunities at the right side-bar.

Direct link: http://airforcesmallbiz.org/opportunities/index.php Also see http://www.sba.gov

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

JB Charleston Hood and Ducts Cleaning and Maintenance NON_PERSONAL SERVICES: Contractor will furnish qualified personnel to perform the services listed below in strict accordance with the Performance Work Statement.

Product Service Code: J073 Signal Code: A Firm Fixed Price

12.0 Months

Option Line Item

JB Charleston Hood and Ducts Cleaning and Maintenance NON_PERSONAL SERVICES: Contractor will furnish qualified personnel to perform the services listed below in strict accordance with the Performance Work Statement.

Product Service Code: J073 Signal Code: A Firm Fixed Price

12.0 Months

Option Line Item

JB Charleston Hood and Ducts Cleaning and Maintenance NON_PERSONAL SERVICES: Contractor will furnish qualified personnel to perform the services listed below in strict accordance with the Performance Work Statement.

Product Service Code: J073 Signal Code: A Firm Fixed Price

12.0 Months

Option Line Item

JB Charleston Hood and Ducts Cleaning and Maintenance NON_PERSONAL SERVICES: Contractor will furnish qualified personnel to perform the services listed below in strict accordance with the Performance Work Statement.

Product Service Code: J073 Signal Code: A Firm Fixed Price

12.0 Months

Option Line Item

JB Charleston Hood and Ducts Cleaning and Maintenance NON_PERSONAL SERVICES: Contractor will furnish qualified personnel to perform the services listed below in strict accordance with the Performance Work Statement.

Product Service Code: J073 Signal Code: A Firm Fixed Price

12.0 Months

Description/Specifications/Statement of Work

Requirements The purpose of this requirement is to acquire commercial services that can provide scheduled preventive maintenance and cleaning as well as unscheduled corrective maintenance repairs for all Hood and Duct Exhaust systems located at Joint Base Charleston, South Carolina IAW NFPA Standard 96, NFPA Standard 17A, ASTM F2975-12, ASTM D6368, UL300 and the manufacturers instructions.

Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-4 Inspection of Services-Fixed-Price. 1996-08

0001 Inspection and Acceptance Location Both Destination Instructions: The contractor shall clean all areas affected by the duct cleaning of debris, grease, and residue generated by the cleaning process. The contractor shall not leave the job site until all clean-up activities are complete. The contractor shall adhere an adhesive label to the outer surface of the hood showing the date of cleaning. Upon completion of the cleaning, the contractor shall submit a Preventive Maintenance Reports to the COR.

DoDAAC: F1M3E3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

628 CES CEO

AF BPN NO MILSBILLS PROCESSES

100 W STEWART AVE RM 116

JOINT BASE CHARLESTON, SC 29404 4827

United States

OfficeCode:

Clay Tallman Telephone: 843-794-7451 Email: franklin.tallman.1@us.af.mil

Option Line Item

Inspection and Acceptance Location Both Destination Instructions: The contractor shall clean all areas affected by the duct cleaning of debris, grease, and residue generated by the cleaning process. The contractor shall not leave the job site until all clean-up activities are complete. The contractor shall adhere an adhesive label to the outer surface of the hood showing the date of cleaning. Upon completion of the cleaning, the contractor shall submit a Preventive Maintenance Reports to the COR.

DoDAAC: F1M3E3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

628 CES CEO

AF BPN NO MILSBILLS PROCESSES

100 W STEWART AVE RM 116

JOINT BASE CHARLESTON, SC 29404 4827

United States

OfficeCode:

Clay Tallman Telephone: 843-794-7451 Email: franklin.tallman.1@us.af.mil

Option Line Item

Inspection and Acceptance Location Both Destination Instructions: The contractor shall clean all areas affected by the duct cleaning of debris, grease, and residue generated by the cleaning process. The contractor shall not leave the job site until all clean-up activities are complete. The contractor shall adhere an adhesive label to the outer surface of the hood showing the date of cleaning. Upon completion of the cleaning, the contractor shall submit a Preventive Maintenance Reports to the COR.

DoDAAC: F1M3E3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

628 CES CEO

AF BPN NO MILSBILLS PROCESSES

100 W STEWART AVE RM 116

JOINT BASE CHARLESTON, SC 29404 4827

United States

OfficeCode:

Clay Tallman Telephone: 843-794-7451 Email: franklin.tallman.1@us.af.mil

Option Line Item

Inspection and Acceptance Location Both Destination Instructions: The contractor shall clean all areas affected by the duct cleaning of debris, grease, and residue generated by the cleaning process. The contractor shall not leave the job site until all clean-up activities are complete. The contractor shall adhere an adhesive label to the outer surface of the hood showing the date of cleaning. Upon completion of the cleaning, the contractor shall submit a Preventive Maintenance Reports to the COR.

DoDAAC: F1M3E3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

628 CES CEO

AF BPN NO MILSBILLS PROCESSES

100 W STEWART AVE RM 116

JOINT BASE CHARLESTON, SC 29404 4827

United States

OfficeCode:

Clay Tallman Email: franklin.tallman.1@us.af.mil Telephone: 843-794-7451

Option Line Item

Inspection and Acceptance Location Both Destination Instructions: The contractor shall clean all areas affected by the duct cleaning of debris, grease, and residue generated by the cleaning process. The contractor shall not leave the job site until all clean-up activities are complete. The contractor shall adhere an adhesive label to the outer surface of the hood showing the date of cleaning. Upon completion of the cleaning, the contractor shall submit a Preventive Maintenance Reports to the COR.

DoDAAC: F1M3E3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

628 CES CEO

AF BPN NO MILSBILLS PROCESSES

100 W STEWART AVE RM 116

JOINT BASE CHARLESTON, SC 29404 4827

United States

OfficeCode:

Clay Tallman Email: franklin.tallman.1@us.af.mil Telephone: 843-794-7451

Deliveries or Performance

Contractor Destination

Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 OCT 2020

30 SEP 2021

12.0 Months

Service Performance Site DoDAAC: F1M3E3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

628 CES CEO

AF BPN NO MILSBILLS PROCESSES

100 W STEWART AVE RM 116

JOINT BASE CHARLESTON, SC 29404 4827

United States

OfficeCode:

Clay Tallman Telephone: 843-794-7451 Email: franklin.tallman.1@us.af.mil

Period of Performance From

01 OCT 2020

To

30 SEP 2021

Option Line Item 1001 Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 OCT 2021

30 SEP 2022

12.0 Months

Service Performance Site DoDAAC: F1M3E3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

628 CES CEO

AF BPN NO MILSBILLS PROCESSES

100 W STEWART AVE RM 116

JOINT BASE CHARLESTON, SC 29404 4827

United States

OfficeCode:

Clay Tallman Email: franklin.tallman.1@us.af.mil Telephone: 843-794-7451

Period of Performance From

01 OCT 2021

To

30 SEP 2022

Option Line Item 2001

Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 OCT 2022

30 SEP 2023

12.0 Months

Service Performance Site DoDAAC: F1M3E3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

628 CES CEO

AF BPN NO MILSBILLS PROCESSES

100 W STEWART AVE RM 116

JOINT BASE CHARLESTON, SC 29404 4827

United States

OfficeCode:

Clay Tallman Email: franklin.tallman.1@us.af.mil Telephone: 843-794-7451

Period of Performance From

01 OCT 2021

To

30 SEP 2022

Option Line Item 3001 Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 OCT 2023

30 SEP 2024

12.0 Months

Service Performance Site DoDAAC: F1M3E3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

628 CES CEO

AF BPN NO MILSBILLS PROCESSES

100 W STEWART AVE RM 116

JOINT BASE CHARLESTON, SC 29404 4827

United States

OfficeCode:

Clay Tallman Email: franklin.tallman.1@us.af.mil Telephone: 843-794-7451

Period of Performance From

01 OCT 2021

To

30 SEP 2022

Option Line Item 4001 Delivery Schedule Ship To Address

Service Performance Site DoDAAC: F1M3E3 Cage:

DunsNumber:

Duns4Number:

Partial Delivery Schedule Delivery Period

01 OCT 2024

30 SEP 2025

12.0 Months

CountryCode: USA

628 CES CEO

AF BPN NO MILSBILLS PROCESSES

100 W STEWART AVE RM 116

JOINT BASE CHARLESTON, SC 29404 4827

United States

OfficeCode:

Clay Tallman Email: franklin.tallman.1@us.af.mil Telephone: 843-794-7451

Period of Performance From

01 OCT 2021

To

30 SEP 2022

FAR Clauses Incorporated by Reference

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

Contract Administration Data

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.

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause-Definitions.

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

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

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

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, asElectronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

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

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

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reportsWAWF payment instructions.

in WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

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

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

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

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

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields inDocument routing.

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC Will update after award

Issue By DoDAAC ____

Admin DoDAAC ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request inPayment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

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

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

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

(End of clause)

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-3 Gratuities. 1984-04 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

2014-04

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

2017-01

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-13 System for Award Management Maintenance. 2018-10 52.204-14 Service Contract Reporting Requirements. 2016-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

2015-10

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. 2018-10 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.215-23 Limitations on Pass-Through Charges. 2009-10 52.219-33 Nonmanufacturer Rule. 2020-03 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-50 Combating Trafficking in Persons. 2019-01 52.222-54 Employment Eligibility Verification. 2015-10 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-15 Energy Efficiency in Energy-Consuming Products. 2007-12 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.232-18 Availability of Funds. 1984-04 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-3 Protest after Award. 1996-08 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.237-3 Continuity of Services. 1991-01 52.242-13 Bankruptcy. 1995-07 52.244-6 Subcontracts for Commercial Items. 2019-08 52.253-1 Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.245-7000 Government-Furnished Mapping, Charting, and Geodesy Property 2012-04

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. 1989-12

As prescribed in , insert the following clause:4.103

APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of [ ] and shall not be binding until so Tricia Esannason identify title of designated agency official here approved.

(End of clause)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02

As prescribed in (d), insert the following provision:9.104-7

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235),(a) and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or(1) have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is(2) aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

The Offeror represents that-(b)

It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative (1) remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.(2)

(End of provision)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2020-

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

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS

(MAR 2020)

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

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

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other(2) Covered Entities ( 2018) (Section 1634 of Pub. L. 115-91).Jul

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ( 2019)(3) Aug (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

52.233-4, Applicable Law for Breach of Contract Claim ( (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).(6) Oct 2004)

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

[ .]Contracting Officer check as appropriate

52.203-6, Restrictions on Subcontractor Sales to the Government ( 2006), with Alternate I ( 1995) (41 U.S.C. 4704 and 10 U. ____ (1) Sept Oct

S.C. 2402).

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

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 ( 2010) (Section 1553 of ____ (3) June

Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

C. 6101 note).

[Reserved]. ____ (5)

52.204-14, Service Contract Reporting Requirements ( 2016) (Pub. L. 111-117, section 743 of Div. C). ____ (6) Oct

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

Div. C).

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for ____ (8)

Debarment. ( 2015) (31 U.S.C. 6101 note).Oct

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

[Reserved]. ____ (10)

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

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

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

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

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

Alternate I ( 2011).____ (ii) Nov

Alternate II ( 2011).____ (iii) Nov

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

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

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

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

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

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

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

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

Alternate IV (Aug 2018) of 52.219-9____ (v)

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

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

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

52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside ( (15 U.S.C. 657f). ____ (21) Oct 2019)

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

52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business ____ (23)

Concerns ( 2015) (15 U.S.C. 637(m)).Dec

52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- ____ (24)

Owned Small Business Program ( 2015) (15 U.S.C. 637(m)).Dec

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

(E.O.13126). x (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

52.222-21, Prohibition of Segregated Facilities ( 2015). x (27) Apr x (28) 52.222-26, Equal Opportunity ( 2016) (E.O.11246).(i) Sept

Alternate I ( 1999) of 52.222-26.____ (ii) Feb x (29) 52.222-35, Equal Opportunity for Veterans ( 2015) (38 U.S.C. 4212).(i) Oct

Alternate I ( 2014) of 52.222-35.____ (ii) July x (30) 52.222-36, Equal Opportunity for Workers with Disabilities ( 2014) (29 U.S.C.793).(i) Jul

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

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

52.222-40, Notification of Employee Rights Under the National Labor Relations Act ( 2010) (E.O. 13496). x (32) Dec x (33) 52.222-50, Combating Trafficking in Persons ( 2019) (22 U.S.C. chapter 78 and E.O. 13627).(i) Jan

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

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

____ (35) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items ( 2008) (42 U.S.C. 6962(c)(3)(i) May

(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

____ (38) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment ( ) (E.O.s 13423 and 13514).(i) Jun 2014

Alternate I ( 2015) of 52.223-13.____ (ii) Oct

____ (39) 52.223-14, Acquisition of EPEAT?-Registered Televisions ( ) (E.O.s 13423 and 13514).(i) Jun 2014

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

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

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

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

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

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

52.223-21, Foams ( 2016) (E.O. 13693). ____ (44) Jun

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

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

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

____ (47) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act ( 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.(i) May

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.

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

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

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

( ) (19 U.S.C. 2501, ., 19 U.S.C. 3301 note). ____ (48) 52.225-5, Trade Agreements Oct 2019 et seq

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

Foreign Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States ( 2016) (Section 862, as amended, of ____ (50) Oct the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

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

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

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

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

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

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

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

C. 2631).

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

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

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

[ ]Contracting Officer check as appropriate.

52.222-17, Nondisplacement of Qualified Workers ( 2014)(E.O. 13495). ____ (1) May

52.222-41, Service Contract Labor Standards ( 2018) (41 U.S.C. chapter 67). x (2) Aug

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

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) ( x (4) Aug

2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or ____ (6)

Repair of Certain Equipment-Requirements ( 2014) (41 U.S.C. chapter 67).May

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements ( ____ (7)

2014) (41 U.S.C. chapter 67).May

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

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

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations ( 2014) (42 U.S.C. 1792). ____ (10) May

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

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

The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination,(2) audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow(1) down any FAR clause, other than those in this paragraph (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-

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

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

(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).

52.219-8, of Small Business Concerns ( 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further(v) Utilization Oct 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.

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

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

52.222-26, Opportunity ( 2015) (E.O.11246).(viii) Equal Sept

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

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

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

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

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

(xiv) 52.222-50, Trafficking in Persons ( 2019) (22 U.S.C. chapter 78 and E.O 13627).(A) Combating Jan

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

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

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

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

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

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

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

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

52.225-26, Performing Private Security Functions Outside the United States ( 2016) (Section 862, as amended, of(xxi) Contractors Oct the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

(End of clause)

DFARS Clauses Incorporated by Full Text

252.225-7974 Deviation 2020-O0005 Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005) 2020-02

252.245-7004 Reporting, Reutilization, and Disposal. 2017-12

As prescribed in 245.107(5), use the following clause:

REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017)

(a) As used in this clause-Definitions.

(1) "Demilitarization" means the act of eliminating the functional capabilities and inherent military design features from DoD personal property. Methods and degree range from removal and destruction of critical features to total destruction by cutting, tearing, crushing, mangling, shredding, melting, burning, etc.

(2) "Export-controlled items" means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations [(ITAR)] (22 CFR parts 120-130). The term includes-

(i) "Defense items," defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, etc.; and

(ii) "Items," defined in the EAR as "commodities," "software," and "technology," terms that are also defined in the EAR, 15 CFR 772.1.

(3) "Ineligible transferees" means individuals, entities, or countries-

(i) Excluded from Federal programs by the General Services Administration as identified in the System for Award Management Exclusions located at https://www.acquisition.gov;

(ii) Delinquent on obligations to the U.S. Government under surplus sales contracts;

(iii) Designated by the Department of Defense as ineligible, debarred, or suspended from defense contracts; or

(iv) Subject to denial, debarment, or other sanctions under export control laws and related laws and regulations, and orders administered by the Department of State, the Department of Commerce, the Department of Homeland Security, or the Department of the Treasury.

(4) "Scrap" means property that has no value except for its basic material content. For purposes of demilitarization, scrap is defined as recyclable waste and discarded materials derived from items that have been rendered useless beyond repair, rehabilitation, or restoration such that the item's original identity, utility, form, fit, and function have been destroyed. Items can be classified as scrap if processed by cutting, tearing, crushing, mangling, shredding, or melting. Intact or recognizable components and parts are not "scrap."

(5) "Serviceable or usable property" means property with potential for reutilization or sale "as is" or with minor repairs or alterations.

(b) Unless disposition instructions are otherwise included in this contract, the Contractor shall complete SFInventory disposal schedules.

1428, Inventory Schedule B, within the Plant Clearance Automated Reutilization Screening System (PCARSS). Information on PCARSS can be obtained from the plant clearance officer and at http://www.dcma.mil/WBT/PCARSS/.

(1) The SF 1428 shall contain the following:

(i) If known, the applicable Federal Supply Code (FSC) for all items, except items in scrap condition.

(ii) If known, the manufacturer name for all aircraft components under Federal Supply Group (FSG) 16 or 17 and FSCs 2620, 2810, 2915, 2925, 2935, 2945, 2995, 4920, 5821, 5826, 5841, 6340, and 6615.

(iii) The manufacturer name, make, model number, model year, and serial number for all aircraft under FSCs 1510 and 1520.

(iv) See Appendix 2 of DLM 4000.25-2, Military Standard Transaction Reporting andAppropriate Federal Condition Codes.

Accounting Procedures (MILSTRAP) manual, edition in effect as of the date of this contract. Information on Federal Condition Codes can be obtained at http://www.dla.mil/HQ/InformationOperations/DLMS/elibrary/manuals/MILSTRAP/.

(2) If the schedules are acceptable, the plant clearance officer shall complete and send the Contractor a DD Form 1637, Notice of Acceptance of Inventory.

(c) Unless otherwise provided in the contract, the proceeds of any sale, purchase, or retention shall be-Proceeds from sales of surplus property.

(1) Forwarded to the Contracting Officer;

(2) Credited to the Government as part of the settlement agreement;

(3) Credited to the price or cost of the contract; or

(4) Applied as otherwise directed by the Contracting Officer.

(d) If demilitarization, mutilation, or destruction of contractor inventory is required, theDemilitarization, mutilation, and destruction.

Contractor shall demilitarize, mutilate, or destroy contractor inventory, in accordance with the terms and conditions of the contract and consistent with Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this contract. The plant clearance officer may authorize the purchaser to demilitarize, mutilate, or destroy as a condition of sale provided the property is not inherently dangerous to public health and safety.

(e) The Contractor shall dispose of classified contractor inventory in accordance with applicable securityClassified Contractor inventory.

guides and regulations or as directed by the Contracting Officer.

(f) Contractor inventory dangerous to public health or safety shall not be disposed of unlessInherently dangerous Contractor inventory.

rendered innocuous or until adequate safeguards are provided.

(g) Consistent with contract terms and conditions, property disposition shall be inContractor inventory located in foreign countries.

accordance with foreign and U.S. laws and regulations, including laws and regulations involving export controls, host nation requirements, Final Governing Standards, and Government-to-Government agreements. The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause.

(h) Disposal of scrap.

(1) Contractor with scrap procedures.

(i) The Contractor shall include within its property management procedure, a process for the accountability and management of Government-owned scrap. The process shall, at a minimum, provide for the effective and efficient disposition of scrap, including sales to scrap dealers, so as to minimize costs, maximize sales proceeds, and, contain the necessary internal controls for mitigating the improper release of non-scrap property.

(ii) The Contractor may commingle Government and contractor-owned scrap and provide routine disposal of scrap, with plant clearance officer concurrence, when determined to be effective and efficient.

(2) The plant clearance officer may require the Contractor to secure from scrap buyers a DD Form 1639, Scrap Warranty.Scrap warranty.

(i) Sale of surplus Contractor inventory.

(1) The Contractor shall conduct sales of contractor inventory (both useable property and scrap) in accordance with the requirements of this contract and plant clearance officer direction.

(2) Any sales contracts or other documents transferring title shall include the following statement:

``The Purchaser certifies that the property covered by this contract will be used in (name of country). In the event of resale or export by the Purchaser of any of the property, the Purchaser agrees to obtain the appropriate U.S. and foreign export or re-export license approval.

(j) Restrictions on purchase or retention of Contractor inventory.

(1) The Contractor may not knowingly sell the inventory to any person or that person's agent, employee, or household member if that person-

(i) Is a civilian employee of the DoD or the U.S. Coast Guard;

(ii) Is a member of the armed forces of the United States, including the U.S. Coast Guard; or

(iii) Has any functional or supervisory responsibilities for or within the DoD's property disposal/disposition or plant clearance programs or for the disposal of contractor inventory.

(2) The Contractor may conduct Internet-based sales, to include use of a third party.

(3) If the Contractor wishes to bid on the sale, the Contractor or its employees shall submit bids to the plant clearance officer prior to soliciting bids from other prospective bidders.

(4) The Contractor shall solicit a sufficient number of bidders to obtain adequate competition. Informal bid procedures shall be used, unless the plant clearance officer directs otherwise. The Contractor shall include in its invitation for bids, the sales terms and conditions provided by the plant clearance officer.

(5) The Contractor shall solicit bids at least 15 calendar days before bid opening to allow adequate opportunity to inspect the property and prepare bids.

(6) For large sales, the Contractor may use summary lists of items offered as bid sheets with detailed descriptions attached.

(7) In addition to mailing or delivering notice of the proposed sale to prospective bidders, the Contractor may (when the results are expected to justify the additional expense) display a notice of the proposed sale in appropriate public places, e.g., publish a sales notice on the Internet in appropriate trade journals or magazines and local newspapers.

(8) The plant clearance officer or representative will witness the bid opening. The Contractor shall submit, either electronically or manually, two copies of the bid abstract.

(9) The following terms and conditions shall be included in sales contracts involving the demilitarization, mutilation, or destruction of property:

(i) . Item(s) require demilitarization,Demilitarization, mutilation, or destruction on Contractor or subcontractor premises ____ mutilation, or destruction by the Purchaser.

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