Solicitation FA489724QC035.pdf

Combined Synopsis/Solicitation

Request for Quote (RFQ)

In accordance with FAR PART 13.106-1(c): This is an official Combined Synopsis/Solicitation for the TCCC training at Mountain Home AFB, Idaho. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation, FA489724QC035, is being issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05.

RFQ Issued By: 366 FAS/PKA Quotes/Offers are Due: Date Issued:

14 June 2024 31 May 2024 by 10:00 AM Local time (MST)

Contracting Officer: Elizabeth Hughes Number: 208-828-3109

Email: elizabeth.hughes.5@us.af.mil

Contracting Specialist: SrA Deivid Baez Number: 208-828-6479

Email: deivid.baez.co@us.af.mil

NAICS: 611519 PSC: U013

SB Size Standard: $21 Million

Type of Set-

Aside:

None

Small Business

Small Disadvantage Business

Veteran-Owned Small Business

Woman Owned Small Business

HUBZone

Section 8(a)

Service-Disabled Veteran-Owned Small Business

This is a 100% Service-Disabled Veteran-Owned Small Business. The government intends to award a Firm

Fixed-Price Contract

ATTACHMENT(s):

1. Specifications

2. Wage Determination

Quote Submission Information

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES. (SEP 2023)

Offeror’s quotation shall conform to the required CLIN structure as referenced below. Any offer not conforming to the PWS or solicitation may be deemed unacceptable and therefore ineligible for award. It is emphasized that this solicitation is issued in accordance with the procedures of FAR Parts 13 and

13.106-2(b)(3), which are intended to streamline source selection and be minimally burdensome for both the US Government and the quoters interested in competing for this requirement. The procedures of FAR part 15.3 do not apply to this request for quote. A firm fixed price contract is anticipated. The following words stating “offer”, “offeror”, and “proposal” are replaced with “quotation”, “vendor”, and

“quote”.

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

(4) is revised as follows: The Contractor shall provide descriptive literature that demonstrates in sufficient detail that they can meet the requirement. The provided literature will be used to evaluate compliance with the requirements in this solicitation as requested. Any literature lacking in sufficient detail or other does not demonstrate compliance with this requirement will not be considered for award. Descriptive literature can be, but is not limited to capability statements, past performance on government contracts, resumes or biographies for the company or its employees.

Paragraph (c) Quoter agrees to hold their pricing firm for 60 days from the date specified for receipt of the quotes.

Paragraph (e) is revised as follows: Alternative line items will not be accepted.

(End of Provision Addendum)

SUBMISSION INFORMATION: The contractor shall submit a signed copy of this Combined

Synopsis/Request for Quote. All solicitation amendments must be acknowledged or signed and returned with the quote. Quotes must be e-mailed to the addresses found on page one (1). Please submit all documents to both emails listed by the closing date stated on page one (1). Clearly identify RFQ#

FA489724QC035 in the subject line. Submissions, including technical proposals, shall not exceed 10 pages.

All quoters are responsible for verifying if their quote was received by the contracting office. You may wish to place a read/delivery receipt. Offerors are advised that delays can be experienced with the

Government’s e-mail system.

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

PAST PERFORMANCE: If available, the contractor may submit past performance data on similar contracts as this requirement. Past performance exceeding three (3) years will not be evaluated.

System for Award Management (SAM): The Contractor shall be registered in the SAM database and be registered under the chosen NAICS, found on page one (1), prior to the award of this contract.

Further information and guidance regarding SAM can be found at the SAM website: www.sam.gov.

Questions Response Date & Time:

All questions regarding this RFQ must be emailed to the Contracting Officer and Contracting specialist, found on page one (1). All questions are due by 10:00 A.M. MST on 6 June 2024. Other methods of submitting questions are not authorized and will not be acknowledged or addressed.

Each quote should contain the contractor's best terms from a price and technical standpoint. It is the contractor’s responsibility to ensure that there are no discrepancies presented within the information contained in its quote. Potential quoters are hereby notified that in the event there are discrepancies within information in a quote will be rejected.

Evaluation Information

FAR Provision *52.212-2, Evaluation -- Commercial Items (Nov 2021), applies to this acquisition and the following evaluation is applicable:

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

Factor 1-Technical Capability Factor 2- Price Factor 3- Past Performance

Factor 1- Technical: Technical capability will be evaluated in accordance with the Addenda to FAR 52.212- 1 and will be evaluated on the below rating scale.

Rating Definition

Technically Superior

Quotation provides an adequate approach and understanding of the requirements stated in the RFQ and contains one or more beneficial aspects (above minimum attributes, performance levels, or capability).

Technically Compliant Quotation provides an adequate approach and understanding of the requirements stated in the RFQ.

Not Technically compliant

Quotation does not provide an adequate approach and understanding of the requirements stated in the RFQ.

http://www.sam.gov/

FOR ILLUSTRATION PURPOSES ONLY

Factor 2- Total Evaluated Price (TEP): The Government will evaluate quoted prices by adding the total price for all options to the total price for the base year, to arrive at a total evaluated price (TEP). In determining whether a price is fair and reasonable, the government may use historical data, independent Government estimates in its price analysis, or any other technique permissible by FAR 12 and FAR 13.

The TEP will be calculated as follows:

a) The sum of the extended prices (unit quantity multiplied by unit price) for CLIN’s 0001-0004 for the base performance period and option periods one (1) through four (4); and

b) To account for the maximum six-month extension possible under the clause at FAR 52.217-8, Option to Extend Services, the Government will take the quoted price of the final option period (CLIN 4001-4004), prorate it to a six-month value, and add that amount to the sum of all CLINS (base performance period and option periods one (1) through four (4)). The resulting amount will be the TEP. Evaluation of options shall not obligate the Government to exercise the option(s).

The spreadsheet below illustrates calculation of a quote’s TEP using the methodology described above.

The spreadsheet is provided for illustration purposes only. Prices reflected in the spreadsheet are notional and in no way reflect the actual value of the requirement or an actual evaluation of quoted prices submitted in response to this solicitation or any other solicitation for the same or similar requirements.

CLIN DESCRIPTION POP LENGTH UNIT PRICE QUOTED PRICES

CLIN0001 Base 12 Months $ $

CLIN1001 Option I 12 Months $ $

CLIN2001 Option II 12 Months $ $

Total Quoted Price for Base Period & Options $

Evaluated Value of Maximum 6-Months Option to Extend Service IAW FAR 52.217-

Total Evaluated Price (TEP) $

Factor 3- Past Performance: Past performance submitted by the offeror will be evaluated using the rating scheme below. In the case of an offeror who does not submit past performance data with the quote, the past performance will be evaluated by considering data available in the Contractor Performance Assessment Reporting System (CPARS) and Federal Awardee Performance and Integrity Information System (FAPIIS). Only quotes receiving a rating of “Acceptable” will be further evaluated for the award.

Rating Description

Acceptable Based on the Quoter’s performance record, the Government has a reasonable Expectation that the Quoter will successfully perform the required effort, or the Quoter’s performance record is unknown (see note below).

Unacceptable Based on the Quoter’s performance record, the Government has no reasonable expectation that the Quoter will be able to successfully perform

* In the case of a supplier without a record of relevant past performance history in CPARS and FAPIIS for the FSC or PSC of the supplies/services being purchased, the vendor will not be evaluated favorably or unfavorably for its past performance history.

Award will be made to the offeror that represents the best value to the Government considering technical capability, price, and past performance. This may result in the Government awarding to an offeror other than the lowest priced. For example, if an offeror with no past performance history has a lower price than an offeror with high past performance ratings in CPARS, the Government may elect to award to the offeror with high past performance ratings if determined to be the best value to the

Government. The awarded contract shall be contingent upon determination of fair and reasonable price.

Note: A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

Offeror’s Information

Name &

Address:

POC:

CAGE: Phone:

UEI:

(Unique

Entity

Identifier)

Fax:

(Not Required)

Tax ID: (Not required w/ active SAM registration)

E-Mail:

By signing below Offeror is agreeing to the Provisions and Clauses as indicated within this solicitation as well as acknowledging they have submitted all the required submission requirements listed in addendum 52.212-1 located on page two (2) and three (3).

POC

Signature:

Date:

* The offeror is not mandated to use this page of this RFQ; however, if you chose not to use it, all of the information under Offerors information above shall be included in your submitted offer.

The following is the proposed Bid Schedule / Contract Line item(s) (CLIN) which will be used in the contract award:

ITEM

DESCRIPTION

QTY

UNIT

UNIT PRICE

TOTAL PRICE

0001 TCCC training IAW the Specifications 1 Job $ $

Total Quoted Price $

PERFORMANCE PERIOD

The contractor shall perform during the scheduled training days of July 15 –19 2024.

PAYMENT TERMS & DELIVERY

The Government shall consider your “DISCOUNT TERMS” to be NET 30 FOB Destination.

DAFFARS CLAUSES INCORPORATED BY REFERENCE

5352.223-9001 Health and Safety on Government Installations

5352.242-9000 Contractor Access to Air Force Installations

DAFFARS CLAUSES INCORPORATED BY FULL TEXT

5352.201-9101 Ombudsman- ACC

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official.

Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Deputy Director of Contracting, AFICC/KC (OL-ACC), 114 Thompson Street, Bldg 586, Room 129, Langley AFB, VA 23665, telephone (757) 764-5372 (DSN 574-5372) email:

acc.a7k1@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

(End of clause)

DOCUMENT NUMBER SOLICITATION NUMBER

FA489724QC035 (Not Set)

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

SECTION

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09 SEC K

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10 SEC K

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2023-01 SEC I

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

2023-01 SEC I

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

2021-05 SEC K

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2023-01 SEC I

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC L 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC I 252.204-7022 Expediting Contract Closeout. 2021-05 SEC I 252.223-7008 Prohibition of Hexavalent Chromium. 2023-01 SEC I

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

2022-05 SEC K

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01 SEC I

252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.232-7011 Payments in Support of Emergencies and Contingency Operations.

2013-05 SEC I

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01 SEC I

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11 SEC I

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations.

2010-10 SEC I

52.201-1 Acquisition 360: Voluntary Survey. 2023-09 SEC L 52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

2021-11 SEC I

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

2021-11 SEC K

52.204-29 Federal Acquisition Supply Chain Security Act Orders- Representation and Disclosures.

2023-12 SEC K

52.204-7 System for Award Management. 2018-10 SEC L

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services.

2023-09 SEC L

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services.

2023-11 SEC I

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.

2016-12 SEC K

52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 SEC I

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06 SEC I

52.204-17 Ownership or Control of Offeror. 2020-08 SEC K

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12 SEC I

52.204-20 Predecessor of Offeror. 2020-08 SEC K 52.204-22 Alternative Line Item Proposal. 2017-01 SEC L

52.204-26 Covered Telecommunications Equipment or Services- Representation.

2020-10 SEC K

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation.

2015-11 SEC K

52.217-2 Cancellation Under Multi-year Contracts. 1997-10 SEC I 52.222-22 Previous Contracts and Compliance Reports. 1999-02 SEC K 52.222-25 Affirmative Action Compliance. 1984-04 SEC K 52.223-10 Waste Reduction Program. 2011-05 SEC I 52.223-19 Compliance with Environmental Management Systems. 2011-05 SEC I

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and

Certifications.

2020-06 SEC K

52.232-17 Interest. 2014-05 SEC I 52.232-23 Assignment of Claims. 2014-05 SEC I 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I 52.233-1 Disputes. 2014-05 SEC I 52.233-1 ALT I Disputes. (Alternate I) 1991-12 SEC I

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

1984-04 SEC I

52.237-3 Continuity of Services. 1991-01 SEC I 252.203-7003 Agency Office of the Inspector General. 2019-08 SEC I 252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I

252.204-7016 Covered Defense Telecommunications Equipment or Services- Representation.

2019-12 SEC K

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

2019-05 SEC I

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2023-01 SEC L

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09 SEC I

252.225-7048 Export-Controlled Items. 2013-06 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

2015-11 SEC I

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03 SEC I

52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

2023-01 SEC I

252.225-7012 Preference for Certain Domestic Commodities. 2022-04 SEC I

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation.

2023-06 SEC K

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06 SEC I

CLAUSES IN FULL TEXT

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

52.232-8 Discounts for Prompt Payment. 2002-02

As prescribed in , insert the following clause:32.111(b)(1)

Discounts for Prompt Payment (FEB 2002)

Discounts for prompt payment will not be considered in the evaluation of offers. However, any(a) offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

In connection with any discount offered for prompt payment, time shall be computed from the(b) date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

(End of clause)

52.232-11 Extras. 1984-04

As prescribed in , insert the following clause, appropriately modified with respect to 32.111(c)(2) payment due dates in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, fixed-price service contract, or transportation contract is contemplated:

Extras (APR 1984)

Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer.

(End of clause)

52.232-25 Prompt Payment. 2017-01

As prescribed in , insert the following clause:32.908(c)

Prompt Payment (JAN 2017)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation.

All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

Invoice payments- (a) Due date.(1)

Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice(i) payments by the designated payment office is the later of the following two events:

The 30 thday after the designated billing office receives a proper invoice from the Contractor(A) (except as provided in paragraph (a)(1)(ii) of this clause).

The 30 thday after Government acceptance of supplies delivered or services performed. For a(B) final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.

If the designated billing office fails to annotate the invoice with the actual date of receipt at the(ii) time of receipt, the invoice payment due date is the 30 thday after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

Certain food products and other payments.(2)

Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural(i) commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are-

For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act(A) of1921 (7 U.S.C.182(3)), and as further defined in Pub.L.98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7 thday after product delivery.

For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act(B) of1986 (16 U.S.C.4003(3)), as close as possible to, but not later than, the 7 thday after product delivery.

For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural(C) Commodities Act of1930 (7 U.S.C.499a(4)), as close as possible to, but not later than, the 10 thday after product delivery, unless another date is specified in the contract.

For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of1983(D) (7 U.S.C.4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10 thday after the date on which a proper invoice has been received.

Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.

If the contract does not require submission of an invoice for payment ( periodic lease(ii) e.g., payments), the due date will be as specified in the contract.

. The Contractor shall prepare and submit invoices to the designated billing(3) Contractor's invoice office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor.

Name and address of the Contractor.(i)

Invoice date and invoice number. (The Contractor should date invoices as close as possible to the (ii) date of the mailing or transmission.)

Contract number or other authorization for supplies delivered or services performed (including (iii) order number and line item number).

Description, quantity, unit of measure, unit price, and extended price of supplies delivered or (iv) services performed.

Shipping and payment terms ( shipment number and date of shipment, discount for prompt (v) e.g., payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

Name and address of Contractor official to whom payment is to be sent (must be the same as that (vi) in the contract or in a proper notice of assignment).

Name (where practicable), title, phone number, and mailing address of person to notify in the (vii) event of a defective invoice.

Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only (viii) if required elsewhere in this contract.

Electronic funds transfer (EFT) banking information.(ix)

The Contractor shall include EFT banking information on the invoice only if required elsewhere (A) in this contract.

If EFT banking information is not required to be on the invoice, in order for the invoice to be a (B) proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision ( 52.232-38, Submission of Electronic Funds Transfer e.g., Information with Offer), contract clause ( 52.232-33, Payment by Electronic Funds Transfer-System e.g., for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

EFT banking information is not required if the Government waived the requirement to pay by (C)

EFT.

Any other information or documentation required by the contract ( evidence of shipment).(x) e.g., . The designated payment office will pay an interest penalty automatically, without (4) Interest penalty request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

The designated billing office received a proper invoice.(i)

The Government processed a receiving report or other Government documentation authorizing (ii) payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.

In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or (iii) services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

. The Government will compute the interest penalty in accordance with (5) Computing penalty amount the Office of Management and Budget prompt payment regulations at .5 CFR Part 1315

For the sole purpose of computing an interest penalty that might be due the Contractor, (i) Government acceptance is deemed to occur constructively on the 7 thday (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

The prompt payment regulations at 5 CFR1315.10(c) do not require the Government to pay (ii) interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

. The designated payment office will pay an interest penalty (6) Discounts for prompt payment automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at .5 CFR Part 1315

Additional interest penalty.(7)

The designated payment office will pay a penalty amount, calculated in accordance with the (i) prompt payment regulations at in addition to the interest penalty amount only if-5 CFR Part 1315

The Government owes an interest penalty of $1 or more;(A)

The designated payment office does not pay the interest penalty within 10 days after the date the (B) invoice amount is paid; and

The Contractor makes a written demand to the designated payment office for additional penalty (C) payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.

(ii)

The Contractor shall support written demands for additional penalty payments with the following (A) data. The Government will not request any additional data. The Contractor shall-

Specifically assert that late payment interest is due under a specific invoice, and request payment (1) of all overdue late payment interest penalty and such additional penalty as may be required;

Attach a copy of the invoice on which the unpaid late payment interest is due; and(2)

State that payment of the principal has been received, including the date of receipt.(3)

If there is no postmark or the postmark is illegible-(B)

The designated payment office that receives the demand will annotate it with the date of receipt, (1) provided the demand is received on or before the 40th day after payment was made; or

If the designated payment office fails to make the required annotation, the Government will (2) determine the demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40th day after payment was made.

The additional penalty does not apply to payments regulated by other Government regulations ((iii) e.

payments under utility contracts subject to tariffs and regulation).g., . If this contract provides for contract financing, the Government will (b) Contract financing payment make contract financing payments in accordance with the applicable contract financing clause.

. If this contract contains the clause at 52.213-1, Fast Payment (c) Fast payment procedure due dates Procedure, payments will be made within 15 days after the date of receipt of the invoice.

. If the Contractor becomes aware of a duplicate contract financing or invoice (d) Overpayments payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

Remit the overpayment amount to the payment office cited in the contract along with a description (1) of the overpayment including the-

Circumstances of the overpayment ( , duplicate payment, erroneous payment, liquidation errors, (i) e.g.

date(s) of overpayment);

Affected contract number and delivery order number if applicable;(ii)

Affected line item or subline item, if applicable; and(iii)

Contractor point of contact.(iv)

Provide a copy of the remittance and supporting documentation to the Contracting Officer.(2)

(End of clause)

252.247-7023 Transportation of Supplies by Sea. 2023-01

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

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (JAN 2023)

(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) Other than commercial products; or

(B) Commercial products 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 military contingency operations, U.S.

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

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) Subcontracts

(2) of this clause, including subcontracts for commercial products, 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)

52.212-2 Evaluation-Commercial Products and Commercial Services. 2021-11

As prescribed in , the Contracting Officer may insert a provision substantially as follows:12.301(c)

Evaluation-Commercial Products and Commercial Services (Nov 2021)

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

[Contracting Officer shall insert the significant evaluation PricePast PerformanceTechnical capability factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are [Contracting Officer state, in accordance ____ with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

. The Government will evaluate offers for award purposes by adding the total price for all (b) Options options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the (c) successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial

Products and Commercial Services.

2024-02

As prescribed in , insert the following provision:12.301(b)(2)

Offeror Representations and Certifications-Commercial Products and Commercial Services (Feb 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) . As used in this provision-Definitions

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"-

Sensitive technology-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

means a small business concern-Service-disabled veteran-owned small business (SDVOSB) concern (1)

(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) , as used in this definition, means a veteran as defined in 38 U.S.C. 101Service-disabled veteran (2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB means an SDVOSB concern that-Program

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete…