Solicitation Amendment - FA489022R00210001_conformed.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

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

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

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

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

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

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

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

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Created On: 01 Mar 2022, 02:07 PM Eastern Standard Time

Section A - Solicitation/Contract Form

CNGT MAIDIQ Ops, Logs and Training

FA489022R00210001

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Operations, Logistics & Training Task Orders and Delivery Orders under NAICS Code 561210 and 611430 with any Contract Type shall use this CLIN.

Product Service Code: R706

Option Line Item

Operations, Logistics & Training Task Orders and Delivery Orders under NAICS Code 561210 and 611430 with any Contract Type shall use this CLIN.

Product Service Code: R706

Product Service Code: R706

Option Line Item

Operations, Logistics & Training Task Orders and Delivery Orders under NAICS Code 561210 and 611430 with any Contract Type shall use this CLIN.

Product Service Code: R706

Section C - Description/Specifications/Statement of Work

Requirements Scope. This contract will support all organizations supporting or supported by DoD, DASD (CN/GT), Defense Security Cooperation Agency (DSCA), Service Components, CCMDs, Major Commands, and subordinate organizations to meet national defense strategies and objectives. Summaries of relevant missions include CN, Counter-Illicit Drug Trafficking (CIDT), Counter-Transnational Organized Crime/Criminal Networks (CTOC), Counter Terrorism (CT), Maritime and Border Security (MBS), Counter-Threat Finance/Illicit Finance Activities (CTF), Detection / Monitoring (D/M), Military Intelligence Operations/Cyber Operations, Counter- Weapons of Mass Destruction (CWMD), and Security Cooperation (SC), BPC.

See Attached Performance Work Statement (PWS)

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-2 Inspection of Supplies-Fixed-Price. Aug 1996 52.246-3 Inspection of Supplies-Cost-Reimbursement. May 2001 52.246-4 Inspection of Services-Fixed-Price. Aug 1996 52.246-5 Inspection of Services-Cost-Reimbursement. Apr 1984 52.246-16 Responsibility for Supplies. Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. Apr 2012

FAR Clauses Incorporated by Full Text

52.246-11 Higher-Level Contract Quality Requirement. Dec 2014

As prescribed in , insert the following clause:46.311

HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

The Contractor shall comply with the higher-level quality standard(s) listed below.(a)

[Contracting Officer insert the title, number (if any), date, and tailoring (if any) of the higher-level quality standards.]____

The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the (b) requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-

Any subcontract for critical and complex items (see 46.203(b) and (c)); or(1)

When the technical requirements of a subcontract require-(2)

Control of such things as design, work operations, in-process control, testing, and inspection; or(i)

Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.(ii)

(End of clause)

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Other Instructions: Refer to Task/Delivery Orders for specific details.

DoDAAC: FA4890 CountryCode: USA

FA4890 HQ ACC AMIC

CP 757 225 7678

300 EXPLORATION WAY

HAMPTON, VA 23666

UNITED STATES

David Coburn

Email: david.coburn.1@us.af.mil Telephone: 757-764-9326

Option Line Item

Inspection and Acceptance Location

Both Other Instructions: Refer to Task/Delivery Orders for specific details.

DoDAAC: FA4890 CountryCode: USA

FA4890 HQ ACC AMIC

CP 757 225 7678

300 EXPLORATION WAY

HAMPTON, VA 23666

UNITED STATES

David Coburn Email: david.coburn.1@us.af.mil Telephone: 757-764-9326

Option Line Item

Inspection and Acceptance Location

Both Other Instructions: Refer to Task/Delivery Orders for specific details.

DoDAAC: FA4890 CountryCode: USA

FA4890 HQ ACC AMIC

CP 757 225 7678

300 EXPLORATION WAY

HAMPTON, VA 23666

UNITED STATES

David Coburn Email: david.coburn.1@us.af.mil Telephone: 757-764-9326

Section F - Deliveries or Performance

Overall Contract Delivery Period

Contractor Destination

Line Item Delivery Schedule QTY Address and POC

Partial Delivery Schedule Delivery On Or Before Delivery Date 30 Sep 2025

Period of Performance From 01 Oct 2022 To 30 Sep 2025

Ship To DoDAAC: FA4890 CountryCode: USA

FA4890 HQ ACC AMIC

CP 757 225 7678

300 EXPLORATION WAY

HAMPTON, VA 23666

UNITED STATES

David Coburn Email: david.coburn.1@us.af.mil Telephone: 757-764-9326

Option Line Item 1001

Partial Delivery Schedule Delivery On Or Before Delivery Date 30 Sep 2028

Period of Performance From 01 Oct 2025 To 30 Sep 2028

Ship To DoDAAC: FA4890 CountryCode: USA

FA4890 HQ ACC AMIC

CP 757 225 7678

300 EXPLORATION WAY

HAMPTON, VA 23666

UNITED STATES

David Coburn Email: david.coburn.1@us.af.mil Telephone: 757-764-9326

Option Line Item 2001

Partial Delivery Schedule Delivery On Or Before Delivery Date 30 Sep 2031

Ship To DoDAAC: FA4890 CountryCode: USA

FA4890 HQ ACC AMIC

CP 757 225 7678

300 EXPLORATION WAY

HAMPTON, VA 23666

UNITED STATES

David Coburn

Period of Performance From 01 Oct 2028 To 30 Sep 2031

Email: david.coburn.1@us.af.mil Telephone: 757-764-9326

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.211-17 Delivery of Excess Quantities. Sep 1989 52.242-15 Stop-Work Order. Aug 1989 52.242-15 Alternate I Stop-Work Order. - (Alternate I) Aug 1989 52.247-34 F.o.b. Destination. Nov 1991 52.247-35 F.o.b. Destination, Within Consignee's Premises. Apr 1984 52.247-55 F.o.b. Point for Delivery of Government-Furnished Property. Jun 2003

FAR Clauses Incorporated by Full Text

52.247-62 Specific Quantities Unknown. Apr 1984

As prescribed in , insert the following clause in solicitations and contracts when total requirements and destinations to which 47.305-16(d)(2) shipments will be made are known, but the specific quantity to be shipped to each destination cannot be predetermined. This clause protects the interests of both the Government and the contractor during the course of the performance of the contract., insert the following clause in solicitations and contracts when total requirements and destinations to which shipments will be made are known, but the specific quantity to be shipped to each destination cannot be predetermined. This clause protects the interests of both the Government and the contractor during the course of the performance of the contract.

SPECIFIC QUANTITIES UNKNOWN (APR 1984)

For the purpose of evaluating "f.o.b. destination" offers, the Government estimates that the quantity specified will be shipped to the (a) destinations indicated:

Estimated Quantity Destination(s)

If the quantity shipped to each destination varies from the quantity estimated, and if the variation results in a change in the transportation (b) costs, appropriate adjustment shall be- made.

(End of clause)

DFARS Clauses Incorporated by Full Text

252.247-7023 Transportation of Supplies by Sea. Feb 2019

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (FEB 2019)

(a) As used in this clause- Definitions.

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

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

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

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

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

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

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

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

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

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

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

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Noncommercial items; or

(B) Commercial items that-

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

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

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

S.C. 2643.

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

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

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

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

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

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

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

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

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

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

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

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

(10) Name of steamship company.

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

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

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

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

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION CONTRACT LINE ITEMS

QUANTITY

x ____ ____

TOTAL ____ ____ ____

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative Dec 1991 252.204-7006 Billing Instructions. Oct 2005 252.231-7000 Supplemental Cost Principles Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause-

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

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

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

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

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

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

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

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

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

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

(ii) For fixed price line items-

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC To be completed at task/delivery order level Issue By DoDAAC FA4890 Admin DoDAAC FA4890 Inspect By DoDAAC To be completed at task/delivery order level Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC To be completed at task/delivery order level DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A (*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) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

(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)

Section H - Special Contract Requirements

H-1 Provisions and Clauses under FAR 12 and supplements are applicable to an order only if such order expressly notes that the Commercial provisions and clauses are applicable.

H-2 ON/ OFF-RAMP. The Government reserves the right to reopen competition at any time during any ordering period of this contract. The Government intends to review the need for additional contractors to fulfill anticipated requirements and to keep the competition pool viable. If additional contractors are needed, the Government will utilize the on-ramp procedure. Any additions due to on-ramps will not impact the operations and logistics IDIQ ceiling. The ordering period for new awardees will not exceed the overall maximum term of the original IDIQ contract, including options (i.e., will not extend past the dates established at initial award).

The Government will not accept unsolicited submissions.

ON-RAMP PROCEDURES. The Government will continually engage with IDIQ awardees, industry external to the IDIQ and requirement owners to determine if/when on-ramp is needed to meet current or emerging requirements. On-going market research will also be performed to determine if/when on-ramp is needed. When on-ramp is used, the Government will advertise the reopening of the competition on Sam.gov. The evaluation and selection of awardees for any on-ramp will utilize the same or similar evaluation and award criteria used for the initial IDIQ contract. Any new awardees will compete with existing or remaining Contractors for task and delivery orders.

OFF-RAMP PROCEDURES. The Government reserves the right to utilize off-ramps when it determines a Contractor's performance is less than Satisfactory, the Contractor is unable to provide adequate support or there is a lack of participation. Adequate support is defined as the Contractor's ability to fulfill contract requirements.

Lack of participation is defined as failure to bid on at least three orders within each ordering period. Contractors with less than satisfactory performance may be removed from the IDIQ contract at any time. No Contractor will be removed from the contract without documented and validated less than satisfactory performance by a Contracting Officer. Offerors removed from the IDIQ contract through the off-ramp provision are not eligible for subsequent "on-ramp" consideration.

H-3 ORGANIZATIONAL CONFLICTS OF INTEREST

OCI violations are a significant contract performance issue. Lack of adherence to the OCI Plan or this clause may have serious consequences that may include contract termination, suspension and debarment, or other appropriate remedies or administrative actions. This clause applies to the IDIQ and all CN> Operations and Logistics Support task orders thereunder.

The Contractor shall maintain an Organizational Conflict of Interest (OCI) Plan to reduce the likelihood of an actual or perceived OCI. In order to prevent OCI under this contract or any orders issued under this contract, guidance in this clause will apply to eliminate:

a) Conflicting roles which might bias a Contractor's judgment or objectivity

b) An unfair competitive advantage to a Contractor

c) The appearance of an unfair competitive advantage

Parties recognize Contractors will play a very visible and responsible role in fulfilling a broad spectrum of requirements. In that capacity, Contractors may have access to information that is not available to the public, which:

a) may give a Contractor an unfair competitive advantage; and/or

b) Creates an appearance that a Contractor has an unfair competitive advantage even if no such advantage actually exists.

The technical judgment of a Contractor will often influence the systems, training, services, policy or guidance adopted by the Air Force, and a Contractor may play a key technical review role over other Contractors' work.

Both the Government and all Contractors must have the utmost confidence that acquisitions are fair and that a Contractor's judgment and recommendations are objective, impartial, and independent. To avoid, neutralize, or mitigate a potential conflict of interest, the Contractor shall not, during performance of the contract, engage (as a Prime Contractor, subcontractor, supplier, or consultant) in any task order that would design, develop, implement, operate, or sustain any system or deliverable that is based on a recommended solution provided under a task order without an OCI Plan that has been approved by the Procurement Contracting Officer.

Contractors who manufacture Air Force systems or subsystems shall not be allowed to submit proposals on any task orders that involve, impact, or relate to those systems or related subsystems.

If a Contractor performing on a CN> Operations and Logistics Support task order assists in preparing a requirement, or provides information leading directly or predictably to the preparation of a requirement, that Contractor's parent companies, subsidiaries, and any organization with which the Contractor is affiliated through an ownership or direct financial interest shall be ineligible to participate in any competition for CN> Operations and Logistics Support task orders described within those requirements documents.

When performing work under this contract requires or involves access to competition sensitive information as well as possible access to proprietary technical data of other companies disclosed to the Contractor in confidence, the Contractor is required to protect such data from unauthorized use or disclosure so long as it remains proprietary. The Contractor shall be cognizant of disclosure of other Contractors' and/or Government proprietary information, including procurement sensitive information; and of restrictions on participating in development of, and then bidding on resultant requirement. For example, the Contractor may be required to perform studies that directly impact future Government requirements. In support of these studies, the Contractor may have access to certain proprietary information and data. As a result, the Contractor is precluded from working on any CN> Operations and Logistics Support task order as a Prime or subcontractor or from acting as a consultant to other Contractors for those programs resulting from the recommendations of these studies. The Contractor further agrees to: (1) protect all proprietary information; and (2) refrain from using the information for any purpose other than that to which it was furnished; and, prior to access to proprietary data, ensure compliance with the Trade Secrets Act, 18 U.S.C. 1905, including execution of nondisclosure agreements with the company which owns the proprietary data. The Contractor shall immediately disclose to the Contracting Officer knowledge of any prohibited or attempted use of proprietary information. The Government shall not be liable for any cost/loss resulting from the unauthorized use or disclosure of third party data by the Contractor, its employees, subcontractors, or agents.

The Contractor must thoroughly and formally educate employees on the philosophy of FAR Subpart 9.5 so that employees are disciplined in the absolute necessity of refraining from divulging proprietary data, trade secrets, confidential information or restricted data from other companies received in connection with work under this contract to any unauthorized person.

The Contractor shall further require each employee engaged in any effort connected with this contract to sign a written agreement prohibiting unauthorized use and disclosure of sensitive, protected government information or other companies' proprietary information. This written agreement shall demonstrate that the employee will not, during their employment by the Contractor or thereafter, disclose to others or use for their own behalf, proprietary or company private information, trade secrets, confidential information, or restricted data received in connection with the work under this contract. The agreement will acknowledge the employee is trained regarding handling proprietary information and discuss penalties for violations. In addition, the agreement shall include that employees agree to prevent disclosure of such information to other Contractor employees who have no need to know the information in performance of this contract. Each employee must also agree not to accept any gratuity from any potential Government Contractors. The Contractor also agrees to adhere, as an entity, to these requirements.

The Contractor agrees to accept, and pursue to completion, all tasks identified hereunder and to ensure that its parents, subsidiaries, and affiliates do not enter into contractual agreements as Prime Contractors or first tier subcontractors which would create a conflict within the meaning of this clause, except as follows: If performance of a task could cause a conflict of interest within the meaning of this clause with a contract or subcontract held by the Contractor, its parent, subsidiaries or affiliates, which pre-existed the identification of the task to the Contractor, the Contractor must disclose the conflict of interest to the Contracting Officer. If the Contracting Officer confirms that the conflict exists, the parties will consider the alternatives available to eliminate the conflict and mutually resolve it considering the relative burdens created by the prospective solutions.

The Contractor agrees that organizations merely cooperating with the Contractor (e.g., providing information) to enable the Contractor or its agents to perform shall not be deemed as merely "participating" but shall be bound as though they are the "Contractor". This provision shall be incorporated in a manner to insure that such organizations, and their parents, subsidiaries, and affiliates, shall also be bound in all subcontracts, teaming arrangements, and other agreements calling for performance of any requirements under this contract.

If the Contractor discovers an actual or potential organizational conflict of interest not previously considered and adequately mitigated under this clause and the Government-approved OCI Plan, the Contractor shall make a prompt and full disclosure in writing to the Contracting Officer. This report shall include a description of the violation and the actions the Contractor has taken or proposes to take to mitigate and avoid repetition of the violation. The Contractor shall routinely monitor its proposed business development and shall discuss any real or perceived OCI issues with the Contracting Officer and affected customers to proactively resolve and/or mitigate those potential OCI issues. After full analysis, the Contracting Officer and the Contractor will agree on appropriate corrective action, if any, or the Contracting Officer will direct such action, subject to the terms of this contract.

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation. Mar 2016

As prescribed in 211.274-6(a)(1), use the following clause:

ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(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 http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.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

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

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

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

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

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

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

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

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule, insert "See Schedule in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number .____

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number .____

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification.

(4) The Contractor shall ensure that- Data syntax and semantics of unique item identifiers.

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH

10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH

10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) . Unique item identifier

(i) The Contractor shall-

(A) Determine whether to-

Serialize within the enterprise identifier; (1)

Serialize within the part, lot, or batch number; or (2)

Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and (3)

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code-

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods-

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site /uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) , Unique Item Identifier Report for Embedded ____ Items, Contract Data Requirements List, DD Form 1423.

(g) . If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with Subcontracts paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.

(End of clause)

Section I - Contract Clauses

52.203-3 Gratuities. GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative-

(1) Offered or gave a gratuity (e.g.,an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled-

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee.