Comb Solicitation Amended_Bench Stock.pdf
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- Attached to
- Bench Stock Management System
- Solicitation number
- FA448424Q0024
About this file
This document is a Request for Quote (RFQ) for a Bench Stock Management System to support the 305th Aircraft Maintenance Squadron. The 305th AMXS maintains 13 C-17 aircraft and requires a consolidated, automated tool control system to manage $74.3 million in tools and equipment across two locations. The system must be brand new and meet the specifications outlined in the attached Statement of Work. This is a 100% small business set-aside under NAICS code 333310, with a contract period of performance within 60 days after award. The government intends to award a single firm-fixed price contract to the lowest priced, technically acceptable offeror. Quotes are due by August 15, 2024, and a site visit is highly encouraged on August 13, 2024. The government will evaluate offers based on technical acceptability and price.
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RFQ FA4484-24-Q0024
Bench Stock Management System, 305 AMXS
Combined Synopsis/Solicitation:
This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number FA4484-24-Q0024 is being issued as a Request for Quote (RFQ) using Simplified Acquisition Procedures. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 effective May 22, 2024. It is the contractors’ responsibility to be familiar with applicable clauses and provisions.
This requirement is being issued as a 100% Small Business set aside under North American Industry Classification System (NAICS) code 333310 (other aircraft parts and auxiliary equipment manufacturing) with a small business standard size of 1,000 employees.
Procurement Description:
The 305th Aircraft Maintenance Squadron maintains a fleet of 13 C-17 aircraft, executing mission objectives aimed at worldwide delivery of cargo and personnel. The squadron needs consolidated and automated tool control to support the 305th Support Flights operations in tool control, acquisition, and accountability. We house $74.3 million in tools and equipment, driving a need for tool control and accountability. This work is accomplished between two locations, and we are looking to consolidate these locations into one location. Consolidation of these parts will streamline the 305th Support Flights mission and directly enhance and support the Squadron’s mission capabilities. The Bench Stock Management System must be brand new, and the specifications must be in accordance with the attached Statement of Work (SOW). The period of performance is within 60 days after contract award. The Government intends to issue a firm fixed price purchase order. Quotes shall include itemized pricing for each Contract Line Item Number (CLIN).
CLIN# Description Quantity Unit Unit Price
Extended Price
0001 Bench Stock Management crib with automated lockers that includes dispensing crib with 19" touchscreen, max capacity of 1048 bins, 69 automated modular locker doors, and 4 drawers.
Custom bench stock database and parts bin configuration with 2 custom reports, 730 parts cup, and management inventory and tracking software that shall be hosted on the vendor's enterprise-wide network that can be accessed on government and private workstations. Bench Stock Management System shall come with a 5 year DoD warranty. Freight FOB Joint Base McGuire-Dix-Lakehurst with install and training.
1 Each
FOB Point is Destination. The contractor shall deliver and install the Bench Stock Management System IAW attached Statement of Work (SOW).
INSTRUCTIONS TO OFFERORS
1. The purpose of this solicitation is to procure a Bench Stock Management System in support of the 305th AMXS. Items will be delivered to the 305 AMXS at 2202 West Arnold Ave., JB MDL, NJ 08641.
2. The Government intends to award a single firm-fixed-price contract. The expected delivery is within 60 days from date of award.
3. See Federal Acquisition Regulation (FAR) Provision 52.212-1, "Instructions to Offerors -- Commercial Items" FAR 52.212-1, Addendum for additional information.
4. See the Basis for Award for additional information and evaluation criteria.
5. A site visit is HIGHLY ENCOURAGED and will be conducted on 13 August 2024 beginning at 1000-1100 EST. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Please note delays should be expected at the entry processing center due to increased security measures. Offerors who plan to attend should email a list of attendees to include company name, visitor names, visitor’s full SSN and visitor date of birth to Shawna Dancel at shawna.dancel@us.af.mil and Christina Vargas at christina.vargas.1@us.af.mil no later than 7 August 2024 for security processing. Failure to respond in a timely manner may result in delay or denial of access to the installation. On 13 August 2024, visitors will meet Christina Vargas at the Fort Dix Visitor Center 2270 Fort Dix Rd., Fort Dix, NJ 08640 at 0930 EST. Visitors must have driver’s license or state issued ID and proof of auto insurance for entry. If problems accessing the base are encountered or directions to the base location are required on the day of the site visit, contact Christina Vargas at christina.vargas.1@us.af.mil. Questions should be submitted in writing to the Contract Specialist, Shawna Dancel at shawna.dancel@us.af.mil, and Contracting Officer, Christina Vargas at christina.vargas.1@us.af.mil.
6. Questions regarding this solicitation shall be submitted via email to the Contract Specialist, Shawna Dancel at shawna.dancel@us.af.mil and the Contracting Officer, Christina Vargas at christina.vargas.1@us.af.mil no later than 1400 on 15 August 2024.
7. Items must meet the specifications included in the Statement of Work (SOW).
8. Contractors must have an active registration in System for Award Management (SAM) in order to be eligible to be awarded a Department of Defense (DoD) contract. If you need to register in SAM, please do so using the following link: https://www.sam.gov/sam.
9. Contractor shall include all Representations and Certifications with your quote or reflect they're completed in SAM.
https://www.sam.gov/sam
10. Contractor offers shall be submitted via email to the Contract Specialist, Shawna Dancel at shawna.dancel@us.af.mil and the Contracting Officer, Christina Vargas at christina.vargas.1@us.af.mil.
Offers shall include:
A. Technical:
A technical approach which states how you will meet the requirements of the Performance Work Statement (PWS), to include availability of labor mix (labor classification/number of hours) and equipment to perform this effort. Technical approach shall be no longer than 5 pages.
B. Price/Admin:
a. Unit and extended pricing for all Contract Line Item Numbers (CLINs) for the base and option periods found in Section B, Supplies or Services and Price/Cost of this solicitation. A total price should also be included. Prices shall not extend past the second decimal point for unit and extended amounts. The proposed price shall include all personnel, supplies, services, management, overhead, other directs costs, G&A, and profit to fulfill the contractual requirements of the Performance Work Statement and any Technical Exhibits/Attachments.
b. CAGE Code, DUNS Number, and business-size standard under the applicable NAICS of 333310.
c. Complete blocks 12, 17 and 30 of the SF1449 as well as signing/acknowledging any amendments. In doing so, the offeror accedes to the contract terms and conditions as written in the Request for Quote.
d. Proposed cost breakdown (labor/materials/other direct costs/G&A/Profit/etc)
11. All offers shall remain valid for 90 calendar days. Multiple offers will not be accepted.
BASIS FOR AWARD
Evaluation – Commercial Items
1. Award shall be made to a single contractor. The basis for award of any contract resulting from this solicitation will be the result of the evaluation of the factors specified utilizing the Lowest Price Technically Acceptable methodology. The Government intends to award a single Firm Fixed Price (FFP) contract.
Award will be made to the lowest priced technically acceptable, responsible offeror that meets the requirements of the SOW and this solicitation.
2. The Government intends to award a contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.
I. TECHNICAL
a. Specifications meet the SOW requirements.
Adjectival Rating Description
Acceptable Proposal meets the requirements of the SOW and solicitation.
Unacceptable Proposal does not meet the requirements of the SOW and the solicitation.
II. PRICE:
a. Proposals shall include prices for each line item listed and should include a total price, in order that proposals may be properly evaluated. Offers shall also include the completed SF 1449 and any amendments.
b. The Government will evaluate offers for award purposes by adding the total price for all Contract Line Item Numbers (CLINs) for the total evaluated price. In the event there is a difference between a unit price and the total CLIN amount, the unit price will be held as the intended price multiplied by the number of units. If the offeror shows only the total amount but fails to submit a unit price, the total CLIN amount divided by the quantity will be held as the intended price.
4. The Past Performance Information Retrieval System and Federal Awardee Performance & Integrity Information Systems as well any other Government-sponsored information available may be utilized to help make a responsibility determination in accordance with FAR Subpart 9.104.
5. The Government will begin the evaluation process with a ranking based on the Total Evaluated Price from the lowest to highest price. Following the price ranking, only the lowest priced offeror(s) will be evaluated for technical acceptability under the non-price factor(s) according to the evaluation criteria set forth in this section. If acceptable, the evaluation will stop at that point and award will made to the lowest priced technically acceptable offeror. If unacceptable, the Government will continue to review proposals in order of price until evaluating one that is technically acceptable and eligible for award. The Government reserves the right to conduct additional technical evaluations as deemed necessary.
6. Failure to provide the requested information may deem the proposal Unacceptable and may not be eligible for award.
Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies / Services Quantity Unit Unit Price Amount
Bench Stock Management crib with automated lockers that includes dispensing crib with 19" touchscreen, max capacity of 1048 bins, 69 automated modular locker doors, and 4 drawers. Custom bench stock database and parts bin configuration with 2 custom reports, 730 parts cup, and management inventory and tracking software that shall be hosted on the vendor's enterprise-wide network that can be accessed on government and private workstations. Bench Stock Management System shall come with a 5 year DoD warranty. Freight FOB Joint Base McGuire-Dix-Lakehurst with install and training.
All specification shall be in accordance with the Statement of Work.
Part Number Description: 118.779-AMXS Product Service Code: 4940 Pricing Arrangement: Firm Fixed Price
1 Each
FA448424Q00240001
Description/Specifications/Statement of Work
STATEMENT OF WORK
FOR
305th AIRCRAFT MAINTENANCE SQUADRON: AUTOMATIC BENCHSTOCK MANAGEMENT SYSTEM
EQUIPMENT PURCHASE AND INSTALL ATION:
2202 WEST ARNOLD AVE, JB MDL NJ08641
GENERAL: The 305thAircraft Maintenance Squadron maintains a fleet of 13 C-17 aircraft, executing mission objectives aimed at worldwide delivery of cargo and personnel. The squadron needs consolidated and automated tool control to support the 305thSupport Flights operations in tool control, acquisition, and accountability. We house $74.3 million in tools and equipment, driving a need for tool control and accountability. This work is accomplished between two locations, and we are looking to consolidate these locations into one location. Consolidation of these parts will streamline the 305th Support Flights mission and directly enhance and support the Squadron's mission capabilities.
SCOPE OF WORK: The system must be capable of housing 572 different sized parts listed on the individualized item sheets (S04). The system must have the ability to work off the network and maintain the capability to receive over the air updates through a commercial Wi-Fi solution provided by the customer. This bench stock control system will be installed in building 2251 West Arnold Ave, belonging to the 305thAircraft Maintenance Squadron using existing electrical and data drop capabilities. This contract effort is to install an automated bench stock control system to secure and keep inventory of spare aircraft hardware and parts. Parts stored within the system vary greatly in size; bins must be available within the system to house small items which will prevent the items from falling or rolling out. Size of the system is constrained and will require a site visit to show space constraints and variations of item size. System design must be based off the squadrons S04 bench stock document and have a visual display for each item on a digital shadow board. Control screens must be ADA compliant. We can provide an itemized listing (S04) on request, but this list does not annotate sizing data. As stock levels may increase over time, the system must be capable of expanding in a modular fashion.
AUTHORIZED ACCESS: The system must have an integrated bar code reader to scan a DOD standard Common Access Card. This reader must not scan chip data. An option must be available to login utilizing an employee number and assigned pin code. Access to items shall be prohibited until a successful login has occurred. In case of a power outage, the system must have a lock and key option to access the contents. During normal operation, the machine must be capable of automatically unlocking any mechanism required to access items.
MIN/MAX LEVELS: The system must be able to assign an authorized quantity to each bin or location. Bench stock is managed at the 100% stock level and must not allow you to stock above the 200% level. Items must be listed on a restock report when an item reaches 50%.
RESTOCKING: A barcode reader must allow a user to scan items to update bin quantities. A weight-based measurement system must be included to enable weight-based counting. This system must be capable of entering a weight for an individual item and perform counting of items when placed on a measurement scale. Items must be capable of being manually updated by a user also. Weight based measurement systems must self-calibrate prior to each transaction.
LOT CONTROL/SHELF-LIFE ITEMS: The system must have the ability to enter lot information and expiration dates. Some items have a shelf life and must not be allowed to be issued to a user if expired. Items that reach an expiration date require the system to lock out the item for use. The system must be capable of issuing items with the earliest expiration date first.
SEARCH OPTIONS: Bench Stock items must have a method of inputting the following information for each items profile: National Stock Number, Part Number, Nomenclature, and a photo of the item. A search feature must allow for a user to type in a Part Number, Stock Number, or Nomenclature and allow the user to select an item from a search result.
REPORTS: Several report types are required for the system to produce. A 100% inventory report must be capable of being generated. A usage report must also be generated which will allow a user to pull a report for a specified period. A restocking report must list all items at or below 50%. A report to display which bins were accessed over a selected period must also be provided.
TECHNICAL REQUIREMENT:
Description Qty
Dispensing crib with 19" touchscreen 1
Max capacity of 1048 bins XX
Automated modular locker doors 69
Drawers 4
Custom bench stock database and parts bin configuration with 2 custom reports 1
730 parts cups 730 parts cups
Management inventory and tracking software on hosted enterprise-wide network accessible on government owned and private workstations
5-year DoD warranty. Inclusive of parts, postage, hardware support, software support, software upgrades, semi-annual maintenance visits, and 24/7 tech support
POWER/WIRING: Power must be able to support 100-240VAC-50/60 HZ, 5A/2.5A Max. The selected vendor will also have responsibility for the addition of an input device, wiring and connectivity for the bench stock control system. Wiring should not be visible to the public eye or present a tripping or electrical hazard for personnel and/or equipment. The vendor will have the responsibility for programming the control system to add required functionality.
WARRANTY: Five years of maintenance/warranty service to include all parts, postage, hardware support, software support, software upgrades, semi-annual maintenance visit, and 24/7tech support from date of installation. The contractor shall provide any Original Equipment Manufacturer (OEM) standard commercial warranty applicable to the products being purchased at no additional cost to the Government.
Prior to project acceptance, the contractor shall provide the customer with all manufacturer warranties as needed for any component incorporated into this project such as equipment manuals, literature, CDs and DVDs and other documentation on all equipment.
Prior to project acceptance, the contractor shall provide written procedures, points of contact within company, and required information for all warranty services prior to project acceptance. This information shall include written confirmation of the warranty period, phone numbers and contact information/procedures for technical support, troubleshooting assistance, and replacement of faulty equipment.
PERSONNEL: The vendor will install and program bench stock management system, and associated items in the specified location. Any adjacent areas dissembled, damaged, or removed by the contractor during installation shall be properly repair by the contractor at no expense to the Government. All debris / trash generated by this project shall be removed and properly disposed of off base by the contractor.
The contractor shall coordinate the time that work will be accomplished with the points of contact listed below. The contractor shall be responsible for daily clean up at the worksite and complete restoration of the area after completion of the work. All work shall be accomplished in accordance with all Federal, state, and local laws and regulations as well as any applicable building codes and standards.
All work must be performed Monday through Friday between the hours of 0730 and 1630. No work will be performed on weekends, federal holidays, and JB-MDL family days or before/after the hours specified on weekdays unless prior approval from a government representative is obtained.
VISIT:SITE Site visit is highly encouraged.
SPECIAL REQUIREMENTS: The work site shall remain clean and clutter free since this area is an active employment site. Items must be brand new. Refurbished items are not authorized. This requirement shall not impact the performance period.
OF CONTACT:POINTS
POC: Technical Sergeant Jonathan Arce, 609-754-5040, jonathan.arce@us.af.mil, SMSgt Michael Creegan,609-754-6271, michael.creegan.1@us.af.
mil, or 2nd Lt Alexis Rosario, 609-754-2789, alexis.rosario.1@us.af.mil. Please copy POC listed with all correspondences.
The Contractor Manager or an alternate shall be available within sixty (60) minutes notice during normal duty hours, 7:30am to 4:30pm, to meet with Government personnel to discuss any problems encountered at the work site.
Contractor will supply customer with phone number for contact purposes.
BASE ENTRY: Base entry will be required for this project.
FORCE AND FIRE PROTECTION:SECURITY
USE TO REPORT ALL EMERGENCIES (POLICE, FIRE, EMS).911
PERFORMANCE PERIOD:
All work shall be completed within sixty (60) days after award of contract, excluding holidays.
INSPECTION / ACCEPTANCE OF PROJECT COMPLETION: A final inspection will be scheduled upon competition of all work. Contact TSgt Jonathan Arce two (2) days prior to completion for a site visit.
Training: Training will be provided by the vendor to the 305 AMXS personnel team upon completion of install and as a part of the acceptance of project completion.
Requirements The 305th Aircraft Maintenance Squadron maintains a fleet of 13 C17 aircraft executing mission objectives aimed at worldwide delivery of cargo and personnel. The squadron needs consolidated and automated tool control to support the 305th Support Flights operations in tool control, acquisition, and accountability. We house
74.3 million dollars in tools and equipment, driving a need for tool control and accountability. This work is accomplished between two locations, and we are looking to consolidate these locations into one location.
Consolidation of these parts will streamline the 305th Support Flights mission and directly enhance and support the Squadron mission capabilities.
Packaging and Marking
Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Instructions: Verify all products received are not damaged and working prior to accepting them.
DoDAAC: F3A3AG CountryCode: USA
305 AMXS CCA
AF BPN NO MILSBILLS PROCESSES, 2202 W ARNOLD AVE
MC GUIRE AFB, NJ 08641-5201
UNITED STATES
Deliveries or Performance
From date of lead time event to delivery 60 Calendar Days Date of Award
Contractor Destination
Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes
Delivery Schedule From date of lead time event to delivery 60 Calendar Days Date of Award
1 Each Ship To DoDAAC: F3A3AG CountryCode: USA
305 AMXS CCA
AF BPN NO MILSBILLS PROCESSES, 2202
W ARNOLD AVE
MC GUIRE AFB, NJ 08641-5201
UNITED STATES
FoB Details Contractor Destination
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.
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.
Combo___
(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.
_N/A___
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
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 F87700
Issue By DoDAACFA FA4484
Admin DoDAAC FA4484
Inspect By DoDAAC F3A3AG
Ship To Code
F3A3AG
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) F3A3AG
Service Acceptor (DoDAAC) F3A3AG
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
N/A_
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Special Contract Requirements
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.203-3 Gratuities. Apr 1984 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.232-7011 Payments in Support of Emergencies and Contingency Operations. May 2013 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Jan 2023
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. (Dec 1989)
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 approved.the contracting officer
(End of clause)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.
(May 2024)
As prescribed in , insert the following clause: 12.301(b)(4)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, (Jan 2017) of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(Nov 2015)
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)
(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).Alternate I
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (Nov 2021)
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (3) (Jun 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the (4) (Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).[X] (5) (Jun 2020)
[Reserved].(6)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (Oct 2016)
52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).[X] (9) (Jun 2023)
52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-(10) Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)
(11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)
Alternate I of 52.204-30.(ii) (Dec 2023)
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (12) (Nov (31 U.S.C. 6101 note).2021)
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (Oct 2018)
[Reserved].(14)
52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) Oct 2022
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the preference, (16) Oct 2022 it shall so indicate in its offer) (15 U.S.C. 657a).
[Reserved](17)
[X] (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)
Alternate I of 52.219-6.(ii) (Mar 2020)
(19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)
Alternate I of 52.219-7.(ii) (Mar 2020)
52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).(20) Feb 2024
(21)
(i) 52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).Sep 2023
Alternate I of 52.219-9.(ii) (Nov 2016)
Alternate II of 52.219-9.(iii) (Nov 2016)
Alternate III of 52.219-9.(iv) (Jun 2020)
Alternate IV ( ) of 52.219-9.(v) Sep 2023
[X] (22)
(i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(Mar 2020)
Alternate I of 52.219-13.(ii) (Mar 2020)
52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 637s).(23) Oct 2022
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (Sep 2021)
52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible (25) Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024
[X] (26)
(i) 52.219-28, Post Award Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)(2)).Feb 2024
Alternate I of 52.219-28.(ii) (Mar 2020)
52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( ) (27) Oct 2022 (15 U.S.C. 637(m)).
52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28) Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (Mar 2020)
52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(30) (Sep 2021)
52.222-3, Convict Labor (E.O.11755).[X] (31) (Jun 2003)
52.222-19, Child Labor-Cooperation with Authorities and Remedies .[X] (32) (Feb 2024)
52.222-21, Prohibition of Segregated Facilities .[X] (33) (Apr 2015)
[X] (34)
(i) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2016)
Alternate I of 52.222-26.(ii) (Feb 1999)
(35)
(i) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)
Alternate I of 52.222-35.(ii) (Jul 2014)
(36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)
Alternate I of 52.222-36.(ii) (Jul 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) Jun 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (Dec 2010)
[X] (39)
(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(Nov 2021)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (Mar 2015)
52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (40) (May 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(ii) (May 2008)
(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(May 2024) et seq.
(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(May 2024) et seq.
(44) 52.223-20, Aerosols (42 U.S.C. 7671, ).(May 2024) et seq.
(45) 52.223-21, Foams (42 U.S.C. 7671, ).(May 2024) et seq.
(46) 52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).(May 2024)
(47)
(i) 52.224-3 Privacy Training (5 U.S.C. 552 a).(Jan 2017)
Alternate I of 52.224-3.(ii) (Jan 2017)
[X] (48)
(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)
Alternate I of 52.225-1.(ii) (Oct 2022)
(49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (NOV 2023) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
Alternate I [Reserved].(ii)
Alternate II of 52.225-3.(iii) ( 2022)Dec
Alternate III of 52.225-3.(iv) (Feb 2024)
Alternate IV (Oct 2022) of 52.225-3.(v)
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign [X] (51) (Feb 2021) Assets Control of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).(54) (Nov 2007)
[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(May 2024)
52.229-12, Tax on Certain Foreign Procurements .(56) (Feb 2021)
52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(57) (Nov 2021)
52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (Nov 2021)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).[X] (59) (Oct2018)
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(60)
52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (May 2014)
52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (Aug 1996)
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(63) (Jan 2017)
(64)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(Nov 2021)
Alternate I of 52.247-64.(ii) (Apr 2003)
Alternate II of 52.247-64.(iii) (Nov 2021)
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (May 2014)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (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 (May 2014) ( 29U.S.C.206 and 41 U.S.(4) C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (5) Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (May 2014) (41 U.S.C. chapter 67).
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (Jan 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded Comptroller General Examination of Record using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision 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 products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(Nov 2021)
(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)
(vii)
(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)
(B) Alternate I of 52.204-30.(Dec 2023)
(viii) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting Feb 2024 opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities .(Apr 2015)
(x) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2015)
(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)
(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(Jun 2020)
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(Aug 2018)
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(Nov 2021)
(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(Mar 2015)
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(May 2022)
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(Jan 2022)
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I of 52.224-3.(Jan 2017)
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National (Oct 2016) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance with (Jun 2020) paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down (Nov 2021) 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.252-2 Clauses Incorporated by Reference. (Feb 1998)
As prescribed in , insert the following clause:52.107(b)
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):
www.acquisition.gov
(End of clause)
DFARS Clauses Incorporated by Full Text
252.211-7003 Item Unique Identification and Valuation. (Jan 2023)
As prescribed in 211.274-5(a), use the following clause:
ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)
(a) . As used in this clause- Definitions
"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
"Concatenated unique item identifier" means-
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.
"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.
"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at . https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html
"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.
"Government's unit acquisition cost" means-
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and
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